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HomeMy WebLinkAbout7595RESOLUTION NO. 7595 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE SENIOR RESOURCE DEVELOPMENT AND COORDINATING AGENCY INC. FOR THE JOSEPH HALE EDWARDS SENIOR CITIZEN CENTER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Agreement between the City of Pueblo and the Senior Resource Development and Coordinating Agency Inc. for the Joseph Hale Edwards Senior Citizen Center located at 230 North Union, Pueblo, Colorado, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is hereby directed and authorized to execute the Agreement in the name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. This Resolution shall become effective upon final passage. INTRODUCED APRIL 10, 1995 By SAMUEL CORMYTINO Councilperson ATTEST: APPRO D: Cit Clerk President of the City Council LEASE AGREEMENT THIS LEASE AGREEMENT entered into this loth day of APRIL , 19 between the City of Pueblo, a municipal corporation, (herein "Landlord ") and the Senior Citizen Resource Development and Coordinating Agency Inc., also known as SRDA, a Colorado nonprofit corporation (herein "Tenant "). 1. Premises Landlord leases to Tenant and Tenant leases from Landlord, subject to and upon the terms and provisions of this Lease, the building known as The Joseph Hale Edwards Senior Citizen's Center (herein "Building ") located at the address commonly known as 230 North Union, City of Pueblo, County of Pueblo, State of Colorado. This is a lease of only the Building itself and does not include the adjacent or subjacent land belonging to the Landlord (herein "Property "). Landlord shall not be responsible for any defect in the Building or obligated to make any repairs, alterations, or improvements or additions thereto except as provided in paragraph 7. Landlord reserves the right from time to time to make changes, additions, and modifications in and to the Building provided the size and location of the Building shall not be changed without Tenant's prior written consent. The taking of possession of the Building by Tenant shall be conclusive evidence that Tenant accepts the Building "as is" and that the Building is in good and satisfactory condition at the time such possession was taken. 2. Use. The use and occupation of the Building by the Tenant is limited and restricted to activities which benefit the elderly citizens of the City of Pueblo. Elderly citizens are citizens of the City of Pueblo who are 55 years of age or older. Subject to the other terms herein, Tenant shall have the right to control the use of the third floor of the Building and the exclusive right to use the kitchen area located on the first floor of the Building. Landlord reserves the right to grant to other entities or organizations the right to conduct activities for the benefit of the elderly citizens of the City of Pueblo in all other portions of the Building. Such other portions of the Building may be used by Tenant subject to the direction and approval of the Landlord. Tenant shall use the Building in a careful, safe and proper manner. Tenant shall not do or permit anything to be done in or about the Building which in any way obstructs or interferes with the rights of other tenants or users of the Building. Tenant shall not use or allow the Building to be used for any improper, unlawful, immoral or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance or waste in, on, or about the Building. 3. Rent Tenant agrees to pay to Landlord, without any right of offset or deduction whatsoever, annual rent of $10.00, in advance without notice or demand, on or before the 1 st day of each year during said term at such address as may be specified from time to time in writing by Landlord, with the first year's installment to be paid upon execution hereof. All past due installments shall bear interest at the rate of 12% per annum until paid. All other sums and charges required to be paid to Landlord by Tenant under this Lease shall be deemed to be rent and shall be payable in the manner provided and recoverable as rent, and Landlord shall have all rights specified in this Lease against Tenant for default in payment thereof as in the case of arrears of rent. 4. Term This Lease Term shall commence January 1, 1995. The Original Term shall terminate on December 31, 1995. The Lease Term may be continued solely at the option of the Landlord, for the first Renewal Term starting January 1, 1996 and for additional Renewal Terms thereafter, each of one year in duration. In the event the Landlord shall determine, for any reason not to renew this Lease, the Landlord shall give written notice to such effect to the Tenant not less than ninety (90) days prior to the end of the Original Term or the then Renewal Term; provided, however, that a failure to give such notice shall not prevent the Landlord from declining to renew this Lease, nor result in any liability on the part of the Landlord, provided, further, in no event shall Tenant have less than ninety (90) days to vacate the Building. The option of the Landlord to renew or not to renew this Lease shall be conclusively determined by whether or not the City Council of the City of Pueblo has, on or before the December 31 immediately preceding the commencement of any Renewal Term, budgeted and appropriated moneys sufficient to pay all financial obligations of the Landlord under this Lease for such ensuing Renewal Term. 5. Taxes Tenant shall pay, before delinquency, any and all taxes, assessments, license taxes and other charges imposed, levied or assessed and which become payable during the term hereof upon Tenant's operations, occupancy or conduct of business upon or from the Building or upon Tenant's equipment, furniture, fixtures, and other personal property located in the Building, whether said taxes are assessed against Landlord or Tenant, and upon all alterations, additions or leasehold improvements made by Tenant. 6. Utilities Tenant shall pay the costs of telephone services. Tenant shall pay a pro -rata share of all utility costs, except the costs of telephone services, based upon Tenant's use and occupancy of space in the Building but in no event less than sixty (60) percent thereof. Landlord and Tenant will on or before January 1 of each year, commencing January 1, 1995, mutually agree as to the pro -rata share of all utility costs, except the costs of telephone services, that Tenant shall pay. 7. Repairs Landlord shall keep and maintain the exterior walls, roof and structural portions of the Building. Tenant shall keep and maintain the interior of the Building in a clean and safe condition. Tenant shall keep and maintain all sidewalks adjacent to the Building in a clean and safe condition free of snow, ice and debris. Tenant shall, at its expense, provide materials for repairs to the interior of the building over which it has control; Landlord shall provide the labor to effect such repairs. Tenant shall, at its expense, provide materials for all structural and exterior repairs to the Building which are the result of acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Building; Landlord shall provide the labor -2- to effect such repairs. Tenant shall, at its own expense, make all necessary repairs, which are the result of acts or negligence of Tenant, its agents, employees, customers or invitee, or the particular nature of Tenant's use of the Building, to the following: plumbing, heating and air conditioning equipment and systems, the electrical equipment and system, and the sewer and waterline system and connections in and to the Building. To the extent that Tenant is not responsible for such defects, Landlord shall keep and maintain said systems in good condition and repair. Tenant shall give to the Landlord prompt written notice of any accident to or damages in said systems that may come to Tenant's notice. 8. Quiet Enjoyment Tenant shall, and may peacefully have, hold and enjoy the Building, subject to the other terms hereof, provided that Tenant pays the rental herein recited and performs all of Tenant's covenants and agreements herein contained. 9. Alterations Tenant shall not make any additions, alterations or improvements in or to the Building ( "Alterations ") without Landlord's written consent. Tenant shall not permit or allow any lien to be filed or recorded against the Property or the Building or Landlord's interest therein and Tenant shall fully cooperate with Landlord in obtaining the protection afforded Landlord under Section 38 -22 -105, C.R.S.. All additions, alterations and improvements made in or to the Building by either Landlord or Tenant, including Tenant's kitchen fixtures and equipment, shall, at the option of the Landlord, become the property of Landlord and be surrendered with the Building at the termination of this Lease or be removed by Tenant at its expense and the Building restored to its original condition. Tenant's kitchen fixtures and equipment in the Building may be removed from the Building if Tenant demonstrates to the reasonable satisfaction of the Landlord that the funding provided by the Area Agency on Aging pursuant to the Older American Act of 1965, as amended, Nutrition Services Programs, will continue to be made available to SRDA, or SRDA otherwise demonstrates to the Landlord's reasonable satisfaction that SRDA will continue to furnish and provide nutrition and meals programs to the elderly and needs the kitchen fixtures and equipment for such purpose. If another Tenant occupies and assumes control over the premises herein demised and assumes the responsibility of providing the Nutrition Services Program funded by the Area Agency on Aging pursuant to the Older American Act of 1965, as amended, Landlord will buy, at their then - current market value, the kitchen equipment and fixtures originally purchased by and belonging to Tenant. Subject to the provisions of this paragraph, Tenant may remove its removable trade fixtures, including its kitchen fixtures and equipment, provided Tenant repairs any damage caused by such removal. The failure of Tenant to remove its fixtures or any of its property at the termination of this Lease shall be deemed abandonment of such property at the option of Landlord. 10. Right Of Entry Landlord reserves and shall at all reasonable times have the right to enter the Building to inspect the same, to supply any service to be provided by Landlord to Tenant hereunder, and to alter, improve, or repair the Building and any portion of the Building without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Building where required by the character of the work -3- to be performed, provided entrance to the Building shall not be denied Tenant, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Building, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon or about the Building, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open such doors in an emergency in order to obtain entry. Any entry to the Building shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Building, or an eviction, of Tenant. Tenant shall permit Landlord (or its designees) to enter the Building to erect, use, maintain, replace and repair, pipes, cables, conduits, plumbing, vents and telephone, electric and other wires or other items, in, to and through the Building, as and to the extent that Landlord may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the Building. All such work shall be done, so far as practicable, in such manner as to minimize interference with Tenant's use of the Building. 11. Hold Harmless And Indemnification Landlord shall not be liable to Tenant or to Tenant's agents, employees, customers or invitee, and Tenant hereby waives all claims against Landlord, for any injury or damage, including personal injury, to any person or property in or about the Property or Building by or from any cause whatsoever, including, without limitation, the following: (a) those caused by snow, ice or water or sewer leakage or back -up of any character from the Property or the Building; (b) those caused by gas, fire, oil, electricity or any cause whatsoever in, on or about the Property or the Building; or (c) those caused by the acts of negligence of other tenants or occupants of the Property or the Building. Tenant shall hold Landlord harmless from and defend Landlord against any and all claims or liability for any injury or damage to any person or property whatsoever, including personal injury: (a) occurring in, on or about the Building or any part thereof unless caused by the acts of Tenant or its agent or employees, or (b) occurring in, on or about the Building and adjacent parking area and sidewalks when such injury or damage shall be caused in part or in whole by the act, neglect, fault of, or omission of any duty with respect to the same, by Tenant, its employees, customers or invitee; or (c) arising out of or resulting from Tenant's use and occupancy of the Building or any equipment therein or appurtenances thereto. 12. Liability Insurance Tenant shall, at Tenant's expense, maintain during the term of this Lease a policy or policies of comprehensive general liability insurance with the premiums thereon fully paid on or before due date, issued by and binding upon an insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000.00 single limit bodily injury for any number of persons injured or killed in one occurrence and $100,000.00 property damage. Any such policy shall cover both Tenant and Landlord. Tenant shall at Landlord's request furnish Landlord with copies of all insurance to be maintained by Tenant and with evidence of payment of the premiums thereon. All such policies shall contain a clause or endorsement to the effect that they may not be terminated or materially amended during the term of this Lease except In after 10 days' written notice thereof to Landlord. 13. Casualty Insurance Landlord shall maintain fire and extended coverage insurance on the Building and additions and improvements by Tenant which have become or are to become the property of Landlord upon termination of this Lease. Said insurance shall be maintained with an insurance company authorized to do business in Colorado, in amounts desired by Landlord and at the expense of Landlord, and payments for losses thereunder shall be made solely to Landlord. Tenant shall maintain at its expense fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Building and on all additions and improvements made by Tenant and not required to be insured by Landlord as above provided. If the annual premiums to be paid by Landlord shall exceed the standard rates because of Tenant's operations, the contents of the Building, or improvements with respect to the Building result in extra - hazardous exposure, Tenant shall promptly pay the excess amount of the premium upon request by Landlord. Whenever (i) any loss, cost, damage or expense resulting from any peril described in this paragraph 13 is incurred by any party to this Lease in connection with the Building or any part or contents thereof, and (ii) such party is then covered in whole by insurance with respect to such loss, cost, damage or expense, then the parry so insured hereby releases the other party, its officers, agents and employees from any liability it may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof, provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage (or increase the cost thereof, unless the other party reimburses the insured for any cost increase). If either Landlord or Tenant fails to maintain in force any insurance required by this Lease to be carried by it, then for purposes of this waiver of subrogation the parry failing to carry such insurance shall be deemed to have been fully insured and to have recovered the entire amount of its loss. If the release of either Landlord or Tenant as set forth herein shall contravene any law with respect to exculpatory agreements, the liability of the party in question shall be deemed not released but shall be secondary to that of the other party's insurer. 14. Casualty In the event of a fire or other casualty in or to the Building, Tenant shall immediately give notice thereof to Landlord. If the Building shall be damaged by fire or other casualty so as to render the Building untenantable, and Landlord, in its sole discretion, elects to repair the same, this lease shall continue. In the event the Building shall be damaged by fire or other casualty and Landlord shall decide not to rebuild or repair (which decision Landlord may make in its sole discretion), then this Lease shall terminate. 15. Public Taking If the Building, or any part thereof, is taken by or transferred under threat of condemnation, this Lease shall terminate on the date the Building shall be so taken or transferred and the rent shall be apportioned as of that date. No part of any condemnation award or payments in lieu thereof made by the condemning authority shall belong to the Tenant, except the -5- Tenant shall be entitled to payments made by the condemning authority for its relocation expenses, if any. 16. Breach Of Lease If default shall be made in the payment of any sum to be paid by Tenant under this Lease, and such default shall continue for 10 days, after written notice of default is given by Landlord to Tenant, or default shall be made in the performance of any of the other covenants or conditions which Tenant is required to observe and to perform, and such default shall continue for 20 days, after written notice of default is given by Landlord to Tenant, or if this Lease shall, by act of Tenant or by operation of law or otherwise, pass to any party other than Tenant, except with the prior written consent of Landlord, or if Tenant be declared insolvent according to law, or if any assignment of Tenant's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Tenant or Tenant's property, or if Tenant shall abandon or vacate the Building, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease. 17. Remedies Upon Breach In the event of a breach of this Lease by Tenant, Landlord may have any one or more of the following described remedies, in addition to all other rights and remedies provided at law or in equity: (a) Landlord may terminate this Lease and forthwith repossess the Building and be entitled to recover as damages a sum of money equal to the total of (i) the cost of recovering the Building, including Landlord's reasonable attorney's fees; (ii) damages for the wrongful withholding of the Building by Tenant; and (iii) any other sum of money and damages owed by Tenant to Landlord. (b) Landlord may retake possession of the Building and shall have the right, without being deemed to have accepted a surrender thereof, and without terminating this Lease, to relet same for the remainder of the term provided for herein; and if the rent received through such reletting does not at least equal the rent provided for herein, Tenant shall pay and satisfy any deficiency between the amount of the rent so provided for and that received through reletting; and, in addition thereto, at Tenant's option, Tenant shall either (1) remove all trash, repair any damage caused by removing its equipment or trade fixtures, and otherwise leave the building in broom -clean condition, or (2) pay for such actions. Tenant shall return the building to its original condition, reasonable wear and tear excepted, but Tenant shall not be responsible for renovating, making alterations or decorating the premises for a new occupant. Landlord shall exercise reasonable efforts to relet the Building for the remainder of the term provided for herein, but Landlord shall not be obligated to relet the Building in any manner inconsistent with the provisions of this lease. 18. Non - Waiver Failure of Landlord to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection therewith, or accepting partial or full payment of rent with knowledge of such breach or default, shall not waive such breach or default, but Landlord shall have the right to declare any such breach or default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. 19. Holding Over; Month To Month Tenancy If after the expiration of the term of this Lease Tenant shall remain in possession of the Building, or any part thereof, and continue to pay rent, without any express agreement as to such holding, then such holding over shall be deemed and taken to be a periodic tenancy from month to month, subject to all the terms and conditions of this Lease on the part of Tenant to be observed and performed and at a rent of $100.00 a month, payable in advance on the first day of each calendar month thereafter. Such holding over may be terminated by Landlord or Tenant upon ninety (90) days notice. In the event that Tenant fails to surrender the Building upon termination or expiration of this Lease or such month to month tenancy, then Tenant shall be liable to Landlord for loss or liability resulting from any delay of Tenant in not surrendering the Building, including, but not limited to, any amounts required to be paid third parties who were to have occupied the Building and any reasonable attorney's fees related thereto. 20. Assignment Or Sublease Neither this Lease nor any part of the Building shall be assigned or sublet by Tenant. 21. Signs Tenant shall not, without Landlord's prior written consent, install, affix or use any signs or other advertising or identifying media on the exterior or interior of the Building. 22. Notices All notices and demands which may be or are required to be given by either party to the other hereunder shall be in writing, and delivered in person or sent by United States certified mail, postage prepaid. Notices and demands to Tenant shall be addressed to it at the Building, or to such other place as the Tenant may from time to time designate in a written notice to the Landlord. Notices and demands to the Landlord shall be addressed to it at 1 City Hall Place, Pueblo, Colorado 81003, attention City Manager, or to such other firm or to such other place as Landlord may from time to time designate in a written notice to the Tenant. All notices shall be deemed given on the date of such delivery or mailing. 23. Attorney's Fees In the event Tenant makes default in the performance of any of the terms, covenants, agreements or conditions contained in this Lease and Landlord places the enforcement of this Lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery of the possession of the Building in the hands of an attorney, or files suit upon the same, Tenant agrees to pay Landlord a reasonable attorney's fee incurred by Landlord. 24. Successors And Assigns This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord, and shall be binding upon and inure to the benefit of Tenant and Tenant's successors and assigns to the extent assignment may be approved by Landlord hereunder. 25. Miscellaneous (a) The pronouns of any gender shall include the other genders, and either the singular or the plural shall include the other. -7- (b) The rights and remedies of Landlord hereunder, and any other rights and remedies provided by law shall be construed as cumulative and no one of them is exclusive of any other right or remedy. Such rights and remedies shall further be continuing rights, none of which shall be exhausted by being exercised on one or more occasions. Landlord shall be entitled to an injunction or the appointment of a receiver for Tenant in proper cases upon ex parte application therefor to enforce any part or parts of this Lease or to prevent or stop any violation, breach or default on the part of Tenant. (c) Whenever in this Lease Landlord reserves or is given the right and power to give or withhold its consent to any action on the part of Tenant, such right and power shall not be exhausted by its exercise on one or more occasions, but shall be a continuing right and power for the full term of this Lease. (d) Tenant acknowledges and agrees that it has not relied upon any statements, representations, agreements or warranties except such as are expressed herein. No amendment or modification of this Lease shall be valid or binding unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Lease. (e) If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. (f) This Lease is made in and shall be governed by and interpreted in accordance with the laws of the State of Colorado. (g) This Lease may not be altered, changed or amended, except by an instrument in writing, signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date aforesaid. LANDLORD: Pueblo, a Municipal corporation. By. President of the City Council TENANT: Senior Citizen Resource Development and Coordinating Agency Inc., a (-Qolorado nonprofit co ration. L �i B , ��. reuti President COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) 5:11 The foregoing in strum t was ac w ed efore me this %o- �ay of 19 5 by as President of the City Council of Pueb o, a Municipal corporation. Witness my hand and official seal. My commission expires , [SEAL] COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The re oing instrument was acknowledged before me this � day of 19j�' b u.u,A as President of Senior Citizen Resource Develo ment and Coordinating Agency Inc., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: to - /J' - 9 & . [SEAL] Notary Public In