HomeMy WebLinkAbout7023RESOLUTION NO. 7023
A RESOLUTION APPROVING AGREEMENTS INVOLVING
THE LEASE OF OFFICE SPACE TO BE SUBLEASED FROM
THE CITY BY THE STATE OF COLORADO FOR A DATA
ENTRY CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following Lease and Sublease, copies of which are attached
hereto, having been approved as to form by the City Attorney, are
hereby approved:
(a) Lease between the City as Lessee and The Belmont Villa, a
partnership as Lessor for approximately 5,859 square feet of office
space in the two -story building located at 701 Court Street, Pueblo,
Colorado.
(b) Sublease of said premises to the Department of
Administration, State of Colorado, for a data entry center.
SECTION 2.
The President of the City Council is hereby authorized to execute
said Lease and Sublease in the name of and on behalf of the City, and
the City Clerk is directed to attest same and affix the seal of the
City thereto.
INTRODUCED: November 9 , 1992
By JOAN C
Councilperson
ATTEST:
City Cler
APPROVED:
Presid t of the City Council
LEASE
THIS LEASE made and entered into August 24, 1992 by and
between Pueblo, a Colorado municipal corporation, for itself and
its assigns, hereinafter called the Lessee, and The Belmont Villa
(a partnership), hereinafter called the Lessor. WITNESSETH:
Lessor and Lessee for themselves and their successors and
assigns in consideration of the mutual promises herein contained
agree as follows:
1. The Lessor does hereby lease to Lessee and Lessee does
hereby take and hire from Lessor for a monthly rental of
$2,252.00, the following described premises in their present
condition:
5,859 square feet of net usuable office space on the west
portion of the second floor (herein Premises) of a two -story
building located -at 701 Court Street, Pueblo, Colorado
(herein Building),
to be used for a data entry center or office space.
2. To have and to hold the Leased Premises with their
appurtenances for the term of five (5) years beginning October 1,
1992 and ending September 30, 1997.
3. The Lessee shall have the right to sublease the Premises
to the State of Colorado, however, Lessee shall not otherwise as-
sign this Lease or sublet the Premises without prior written con-
sent of Lessor, which consent will not be unreasonably withheld.
4. Lessor shall furnish and supply water, electricity,
elevator service, heat, controlled humidity, and air conditioning.
5. The Lessee shall have the right to make alterations,
attach fixtures and erect additions, structures, or signs, in or
upon the Premises (provided such alterations, additions,
structures, or signs shall not be detrimental to or inconsistent
with the rights granted to other tenants in the Building); which
fixtures, additions or structures including hexagonal work
stations placed in or upon or attached to the Premises shall be
and remain the property of the Lessee and all or any part thereof
may be removed therefrom by the Lessee prior to or within 15 days
after the termination of this lease provided that Lessee shall
repair all damages to the Premises caused by such removal.
6. The Lessor shall maintain the Premises in reasonable
repair and tenantable condition during the continuance of this
lease, except in case of damage arising from the act or the
negligence of the Lessee's agents or employees. For the purpose
of so maintaining the Premises, the Lessor reserves the right at
reasonable times to enter and inspect the Premises while
accompanied by a representative of Lessee and to make any
necessary repairs thereto.
7. Lessor shall during the effective period of this lease
procure and keep in force standard fire and extended insurance on
the Building and Premises. If the Premises be destroyed by fire
or other casualty, this lease shall immediately terminate. In
case of partial destruction or damage, so as to render the
Premises untenantable, rent shall abate until the Premises again
become tenantable and either party may terminate this Lease by
giving written notice to the other within twenty (20) days
thereafter, and if so terminated no rent shall accrue to the
Lessor after such partial destruction or damage.
8. Financial obligations of the State of Colorado as
Lessee's sublessee and the Lessee after the current fiscal year
are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available, and this lease is subject
to such a contingency.
9. Lessor warrants and represents that it is the owner of
the Premises and that during the term of this lease Lessor
covenants and agrees to warrant and defend Lessee in the quiet and
peaceable enjoyment and possession of the Leased Premises.
10. Lessor will:
(a) partition the Premises as needed and paint interior
walls.
(b) make avaiable and maintain required air condition-
ing and humidity control for the computer equipment and heat and
air conditioning for the balance of the Premises;
(c) install and maintain security lighting in parking
lots surrounding the Building;
(c) If additional space on the second floor is leased
to another tenant, Lessor will provide mutually acceptable
corridor or other access from elevator to the Premises which will
be separated from other lessees. All access to the Premises will
be secure from use by others; and
(d) provide and maintain a back door with security
entrance into the Premises.
11. Lessor and Lessee do hereby mutually release each other,
their agents and employees, from any liability for loss or damage
to each other's property whether or not caused by the negligence
or fault of the other, its agents or employees. This release
shall apply only to the extent that such loss or damage to the
other's property is covered by insurance and only if this release
will not affect the right to recover under such insurance.
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12. If the Sublease for the Premises between the Lessee and
the State of Colorado for the use of the Premises as a data entry
center is terminated for any reason, Lessee shall have the right
to terminate this lease upon sixty (60) days prior written notice
to Lessor specifying the date of termination.
13. Lessee shall reimburse Lessor for utilities, gas and
water based on a pro -rata share of utilities consumed, computed by
dividing 5,859 by the total gross square footage of the Building
and multiplying that result by the utility bill after excluding
all equipment and service call charges. Lessee reserves the right
to audit utility bills to ensure they are correct and the pro -rata
share computed properly. Such reimbursement shall be paid monthly
within ten (10) days after receipt of statement therefor. All
charges for electrical services used or consumed by Lessee shall
be separately metered and paid by Lessee. Lessee shall furnish
and provide its own janitorial services for the Premises.
14. Lessor shall be responsible for maintenance of the
Building and shall maintain and keep in reasonably good repair
common areas and facilities of the Building including without
limitation plumbing, electrical wiring, heating and air
conditioning systems, elevator, hallways, restroom facilities,
employee lounge, sidewalks, Building entrance ways, fire escapes,
and parking areas used in connection with the Building.
15. Lessee and Lessee's sublessee and its employees shall
have nonexclusive use in conjunction with other lessees of the
Building and their employees of the following: common areas,
facilities providing access to the Premises, restroom facilities,
employee lounge, and parking areas. Lessor warrants and agrees
that the use of parking areas adjacent to and used in connection
with the Building will be limited and restricted to lessees of the
building and their employees.
16. All notices or communications concerning this lease by
Lessor shall be addressed to City Manager, City of Pueblo, 1 City
Hall Place, Pueblo, Colorado, 81003 and by Lessee to The Belmont
Villa, P.O. Box 11301, Pueblo, Colorado, 81001.
LESSOR:
THE BELMONT VILLA,
A AARTMPDQUTD
1:3
1:3
LESSEE:
PUEBLO, A MUNICIPAL CORPORATION
By
Presi ynt the'ty Council
Attes lerk - --
Appr�oved� as to form:
City Attorriley
TJ 62.15 -
BY Cii .
a rl pie rl
eO�t �
SUBLEASE
THIS SUBLEASE made and entered into as of the 24th day of
August, 1992, by and between Pueblo, a Colorado municipal
corporation, whose address is 1 City Hall Place, Pueblo, Colorado,
for itself and its assigns, hereinafter called the Sublessor, and
the State of Colorado, for the use and benefit of the Department
of Administration, hereinafter called the Sublessee, WITNESSETH:
Sublessor and Sublessee, for themselves and their successors
and assigns, in consideration of the mutual promises herein
contained, agree as follows:
1. Sublessor does hereby sublease to Sublessee and
Sublessee does hereby take and hire from Sublessor 5,859 square
feet net usable office space in their present condition located on
the west portion of the second floor (herein Premises) of a two -
story building located at 701 Court Street, Pueblo, Colorado
(herein Building).
2. The term of this sublease shall be f ive ( 5 ) years f rom
October 1, 1992 to September 30, 1997 subject to exceptions herein
provided and Sublessee shall use the leased Premises exclusively
for a data entry center and offices associated therewith.
3. This sublease and Sublessee's rights hereunder are
subject and subordinate to the Lease Agreement between Sublessor
and The Belmont Villa, a partnership, dated August 24, 1992, a
copy of which is attached hereto as Exhibit "A" and incorporated
herein (herein Lease). Sublessee agrees to be bound by and to
keep and perform all covenants and conditions contained in the
Lease on the part of the Lessee therein to be kept and performed
including reimbursement of Lessor for utilities, but excluding the
payment of rent which shall remain the obligation of Sublessor.
This sublease shall terminate simultaneously with the termination
of the Lease.
4. Sublessee shall not assign this sublease in whole or in
part and shall not sublet any part of the Premises without the
written consent of Sublessor, which consent will not be unreason-
ably withheld.
5. If Sublessee does not maintain a staffing level of at
least 45.0 full time equivalent employees at such data entry
center in the Premises after September 1, 1992, Sublessor shall
have the right to terminate this sublease upon ninety (90) days
prior written notice to Sublessee specifying the date of
termination.
6. Financial obligations of Sublessee payable after the
current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted or otherwise made available. In the
event the State legislature by legislative act directs that the
State data entry function be reorganized or restructured this
sublease may be cancelled by the Sublessee, or, with the
Sublessor's consent, the Premises may be used by another State
agency.
7. If Sublessee shall default in the performance of any
covenant or agreement on its part to be performed hereunder,
Sublessor shall have the right to terminate this sublease upon 30
days written notice to Sublessee if Sublessee shall fail to cure
or correct such default within 30 days after Sublessor gives
written notice to Sublessee specifying such default and demanding
,that same be curred or corrected.
8. Sublessee shall keep the Premises in reasonably good
repair and condition, shall provide its own janitorial services,
and shall make no alterations thereto without consent of the
Sublessor, which consent will not be unreasonbly withheld.
9. Sublessor shall not be responsible for any defect or
change of condition in the Premises or Building, nor for any
damage thereto, nor to any person, nor to goods or equipment
contained therein due to any cause whatsoever except the act or
negligence of Sublessor, its officers, agents and employees.
Sublessee will maintain in full force and effect a general
liability insurance policy, naming Sublessor as an additional
insured, providing coverage in such amounts as are mutually agreed
upon and protecting from any and all claims, demands, and actions
arising in connection with Sublessee's use of said Premises or the
use thereof by any person occupying said Premises during the
effective period of this sublease, by reason of the negligence or
carelessness of Sublessee or its agents, or employees. A
Certificate verifying such insurance shall be provided Sublessor
along with notices of any cancellation or renewal thereof.
Sublessee insurance requirements may be met and complied with
through self- insurance or participation in a self- insurance
program.
10. 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 sublease. Any
provision of this sublease 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 otherwise. Any
provision rendered null and void by the operation of this
provision will not invalidate the remainder of this sublease to
the extent that the sublease is capable of execution.
11. If the Premises shall be taken by right of eminent
domain, in whole or in part, for public purposes, then this
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sublease, at the option of either party, shall forthwith cease and
terminate.
12. In the event the premises are rendered untenantable or
unfit for Sublessee's purposes by fire or other casualty this
sublease will immediately terminate. In the event the Premises
are damaged by fire or other casualty so that there is partial
destruction of such Premises or such damage as to render the
Premises partially untenantable or partially unfit for Sublessee's
purposes, either party may, within fifteen (15) days of such
occurrence, terminate this sublease by giving written notice to
the other party. Such termination shall be effective not less
than 45 days from the date of mailing of the notice.
13. 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. 1973, as amended, and
that no violation of such provisions is present.
14. The signatories hereby aver that no State employee has
any personal beneficial interest in the property described herein.
15. This sublease shall not be deemed valid until it shall
have been approved by the Controller or such assistant as he may
designate.
16. All notices or communications concerning this sublease
by Sublessor shall be addressed to Executive Director, Department
of Administration, 1525 Sherman Street, 7th Floor, Denver,
Colorado, 80203, and by Sublessee to City Manager, City of Pueblo,
1 City Hall Place, Pueblo, Colorado, 81003.
Executed the day and year first above written.
ATTEST:
V zIAZ� - z J,
C' y Clerk L41-41-
SUBLESSOR:
PUEBLO, A MUNICIPAL CORPORATION
By
Presi nt of the City Council
SUB SSEE:
STATE OF COLORADO, acting by
and through Department of
Administration and for
Roy Romer, Governor
By kz/ � C `�,�
r
E v
utie Director
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4 C0u why # �3 -4`7
APPROVED
DIVISION OF ACCOUNTS AND.CONTROL
�- p
f i �
ControllerC W. �►�
ATTORNEY GENERAL,
STATE OF COLORADO
By
GENERAL.
TJ 62.14
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STATE BUILDING DIVISION
By 'G
r f Di ctor