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HomeMy WebLinkAbout7237ni RESOLUTION NO. 7237 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO AND BASSETT CONSTRUCTION COMPANY AND AUTHORISING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Bassett Construction Company of Pueblo, Colorado is constructing the Union Plaza Senior Apartments and requires the use of the City property legally described as: The Northerly 150 feet of Lot 2, Pueblo Center, Filing One, Pueblo County, Colorado for a construction storage site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: SECTION 1• A lease agreement dated October 12, 1993, between Bassett Construction Company and the City of Pueblo, a Municipal Corporation, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2• The president of the City Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation; and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED OCTOBER 12, 1993 ATTEST: City Clerk BY HOWARD WHTTLO K Councilperson APPROVED BY: - Z - 1 � I/e Pr sident of the Council City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 TO: Jim Munch, Director of Planning FROM: City Attorney RE: Bassett Construction /Construction Storage Site DATE: October 6, 1993 We enclose a proposed Lease between the City and Bassett Construction for construction staging and storage purposes on the northerly 150 feet of Lot 2, Pueblo County, Filing One. If you have any questions, please call me. Very truly yours, ZEE. LEASE THIS LEASE entered into the 12th day of October, 1993 by and between Pueblo, a Municipal Corporation (herein Lessor) and Bassett Construction Company, a Colorado Corporation (herein Lessee), WITNESSETH: Lessor hereby leases to Lessee and Lessee leases from Lessor for constructing staging and storage purposes upon the following terms, the property legally described as: The Northerly 150 feet of Lot 2, Pueblo Center, Filing One, Pueblo County, Colorado (herein leased premises). 1. The term of this Lease shall be from date hereof to October 12, 1994. 2. Lessee shall not pay Lessor any rent during the terms of this Lease, however, if Lessee shall remain in possession of the leased premises after expiration of the original term, Lessee shall be liable for a daily rent of $50.00 per day. 3. Lessee shall not assign this Lease or sublease the leased premises. 4. Lessee shall maintain the leased premises, all improvements thereon, and sidewalks and curbs adjacent thereto in good order, repair and condition. Lessee shall not commit waste upon nor cause any environmental injury or damage to the leased premises. Lessee shall pay all utilities used on the leased premises during the effective term of this Lease and all taxes, if any, assessed against the leased premises. 5. Lessee shall use the leased premises and conduct all its activities thereon in full compliance with all applicable laws, rules and regulations including air pollution and environmental laws and regulations. 6. If Lessee shall fail to perform the covenants and conditions on its part to be performed hereunder, Lessor may terminate this Lease upon 10 days prior written notice. 7. Lessee is familiar with and has inspected the leased premises. Lessee shall not attempt to hold Lessor liable for any claim, damages, loss, or injury to persons or property on the leased premises for any cause or reason including without limitation the condition of the leased premises or any part thereof. 8. All personal property and equipment owned by Lessee located on the leased premises will be removed from the leased premises by Lessee upon expiration of the original term hereof. Lessor assumes no liability relating to such property and equipment, all risk or loss or damage thereto remains with the Lessee. 9. As to Lessor, Lessee assumes all liability for any injury or damage to persons or property while on the leased premises or arising out of activities conducted thereon and Lessee shall indemnify and save harmless Lessor from all claims, demands, costs and expenses (including reasonable attorney fees) made against or incurred or suffered by Lessor resulting from or arising, directly or indirectly, out of this Lease, Lessee's performance hereunder, or acts or omissions of Lessee, its officers, agents and employees. 10. Notice shall be deemed delivered if mailed by first class mail, postage prepaid, to: Lessor, in care of the City Manager, 1 City Hall Place, Pueblo, Colorado, 81003 Lessee at 120 Dayton Avenue, Pueblo, Colorado, 81003. 11. This Lease shall be binding upon and inure to the benefit of Lessor and Lessee and their respective successors. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION By '�: 12 k", -- Pres dent of the C' y Council BASSETT CONSTRUCTION COMPANY By President -2-