OFFICE LEASE AGREEMENT
Lease Agreement ("Lease") between the CITY OF ALBUQUERQUE ("CITY"), a New Mexico municipal
corporation, as lessor, and the LA COLMENA, INC, a corporation of the State of New Mexico as LESSEE.
WHEREAS, the CITY owns the John Marshall Center For Family and Community Services, located at 1500
Walter S.E., Albuquerque, New Mexico ("Center"); and
WHEREAS, the residents of the South Broadway area need employment and social services with offices in the
area to provide such services; and
WHEREAS, the Lessee is able and wishes to provide work experience and life skills within the context of a
social group and related services to qualified residents of the South Broadway area.
NOW, THEREFORE, it is agreed that:
1. LEASE OF PREMISES. The CITY hereby leases to Lessee 805 square feet of office space in the Center
that is designated on exhibit A attached hereto ("Premises"). The Lessee may use the Conference Rooms in the Center
in common with the CITY, its officials, employees, agents, invitees and lessees of the CITY, subject to the rules
imposed by the CITY for the use of these common areas.
2. TERM OF LEASE. The term of this Lease shall commence on July 1, 2005 and expire June 30, 2007
("Original Term"). Lessee shall have the option to extend this Lease for one month ("Extended Term") by giving the
CITY written notice prior to the expiration of the Original Term or of an Extended Term of the exercise of the option to
extend the term of this Lease.
3. RENTS. From July 1, 2005 until June 30, 2007 lessee shall pay to the CITY annual rent in the amount of
$5.00 per sq. ft. for 805 sq. ft., payable in monthly installments of THREE HUNDRED AND THIRTY FIVE
DOLLARS AND FORTY CENTS ($335.42). Rent shall be paid, without notice or demand, in advance, on the first
(1st) day of each month, commencing on the first date of the Original Term. All rent shall be paid to the CITY OF
ALBUQUERQUE, Treasury Division, at P.O. Box 17, Albuquerque, New Mexico 87103, or at such other place as the
CITY may designate from time to time for this purpose.
4. QUIET ENJOYMENT. Upon the performance of all terms, conditions, and covenants of this Lease, which
the Lessee is required to perform, the Lessee shall, at all times during the Original Term and Extended Term of this
Lease, peaceably and quietly enjoy the Premises without any disturbance from the CITY.
5. USE OF THE PREMISES.
A. Lessee shall:
(1) Use and operate the Premises as and only for the purposes of providing employment and
social services to qualified residents of the City.
(2) Operate and maintain the Premises in a safe, sanitary and operable condition.
(3) Comply with all federal, state, county, municipal and other governmental statutes,
ordinances, laws, rules and regulations, now or hereafter enacted or amended, affecting the
B. Lessee shall not:
(1) Use, occupy or permit the Premises to be used or occupied for any unlawful purposes.
(2) Use, occupy or permit the Premises or any part of the Premises to be used or occupied, or do
or permit anything to be done in or on the Premises in any manner which will:
(a) Cause or be likely to cause structural damage to the Premises or any part thereof;
(b) Constitute waste or a public or private nuisance; or
(c) Violate CITY rules, regulations or policies promulgated for the operation and use of
C. Lessee acknowledges and represents that it has examined the Premises and has determined by its own
independent evaluation that the Premises are suitable and usable for the purposes, uses and activities
intended by Lessee and contemplated by this Lease. Lessee acknowledges that the CITY has made
no representation, warranty or guarantee, express or implied, that the Premises are now, or during the
Original Term or Extended Term of this Lease, will be suitable or usable for purposes or uses which
Lessee intends to make of the Premises or which are contemplated by this Lease.
6. REPAIRS AND MAINTENANCE. The CITY shall, at its sole cost and expense, make all necessary repairs
and replacements to the Premises, including the heating system, air conditioning system, and any other fixtures. Lessee
shall, at its sole cost and expense, repair or replace any damages caused by Lessee or its employees or invitees to the
Premises promptly as and when necessary. All repairs and replacements shall be at least equal in quality of materials
and workmanship to the original work. If Lessee refuses or neglects to commence or complete any repairs or
replacements as required by this paragraph, the CITY may, at its option, make or complete the repairs or replacements
and Lessee shall reimburse the CITY for such costs and expenses promptly upon receipt of an invoice.
7. PARKING. This Lease includes parking privileges on the Center's premises for clients and staff.
8. SURRENDER UPON TERMINATION. At the expiration of the original Term or the last Extended Term,
Lessee shall surrender the Premises to the CITY in as good condition as it was in at the beginning of the term,
reasonable use, wear and tear excepted.
9. ALTERATIONS. Lessee shall not make any alterations, improvements, additions or changes to the Premises.
10. UTILITY SERVICES.
A. The CITY shall provide to the Premises the same air conditioning, heat, water, gas, electricity, light,
sewage, janitorial and security services that are used in or rendered or supplied to the Center.
B. Lessee shall provide the telephones and telephone services, including answering services required for
its use of the Premises.
11. DEFAULT AND TERMINATION.
A. The occurrence of any one or more of the following events shall constitute a default by Lessee:
(1) Failure to pay rent when due.
(2) The abandonment of the Premises by Lessee for a period of thirty (30) days,
(3) The failure by Lessee to observe or perform any of the express covenants or provisions of
this Lease where such failure shall continue for a period of ten (10) days after written notice
thereof from the CITY to Lessee, provided that if the nature of Lessee's default is such that
more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed
to be in default if Lessee commences to cure within the ten (10) day period and thereafter
diligently prosecutes such cure to completion.
B. In the event of default by Lessee, as defined above, the CITY may terminate this Lease upon fifteen
(15) days written notice to Lessee, effective as of the expiration of the fifteen (15) day notice period.
C. Notwithstanding any provision in this Lease to the contrary and without limitation, the CITY or the
Lessee may terminate this Lease at any time without cause by giving the other party forty-five (45)
days notice in writing.
D. Except as otherwise provided, if this Lease is terminated, rent shall abate to the date of termination.
E. Not withstanding anything herein to the contrary, either CITY or Lessee may terminate this lease
upon thirty (30) days written notice to the other.
12. RIGHT OF ENTRY. The CITY and its agents and other representatives shall have the right to enter into and
upon the Premises or any part thereof at reasonable times for the purpose of inspecting the Premises.
13. FIRE OR OTHER CASUALTY LOSS.
A. In the event of damage to or destruction of the Premises by fire or other casualty, the CITY shall have
no obligation to rebuild, replace or restore the Premises. If the CITY determines that the damage has
rendered the Premises untenantable and that the CITY will not rebuild, replace or restore the
Premises, this Lease shall terminate effective as of the date of the damage to the Premises and rent
shall abate to the date of damage.
B. The CITY shall not be liable for any damage or loss of the Lessee's property on the premises from
any cause, including, but not limited to, bursting or leaking of water pipes, fire, theft and negligence
of co-lessees, unless caused by the CITY.
14. INDEMNIFICATION. Lessee agrees to defend, indemnify and hold harmless the CITY, its officers and
employees, against liability, claims, damages, losses or expenses arising out of bodily injury to person, including death
or damage to property caused by, or resulting from Lessee's and/or its employees, negligent act(s) or omission(s) while
Lessee and/or its employees perform(s) or fails to perform its obligations and duties under the terms and conditions of
this Lease, provided however, to the extent, if at all, section 59-7-1 NMSA (1978) is applicable to this indemnity
agreement. This agreement to indemnify will not extend to liability, claims, damages, losses or expenses, including
attorney's fees, arising out of l) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,
designs or specifications by the CITY, or the agents or employees of the CITY; or 2) the giving of or the failure to give
directions or instructions by the CITY, or the agents or employees of the CITY, whether such giving or failure to give
directions or instructions is the primary cause of bodily injury to persons or damage to property.
Lessee is not required to indemnify the CITY for the negligence or intentional acts, errors, or emissions of the
CITY or of its employees or agents.
15. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease or sublet the whole or any part of
16. ADMINISTRATION OF THE CENTER. The CITY will administer the Center. The Center shall be open
to the public between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding CITY holidays. The Lessee shall be
responsible for any use of the Center during other times and shall be subject to reasonable requirements governing such
use imposed by the CITY. The Center will be closed on all CITY holidays. The Lessee may open the premises on
CITY holidays, however, the CITY must allow the opening in writing. The Lessee shall provide the Director of the
Center written notice of the name and telephone number of the representative of the Lessee who shall be responsible for
the use and security of the premises and for the implementation of emergency procedures when a City representative is
not present at the Center. It shall also be noted that Lessee must adhere to all requirements indicated in the Center for
Family and Community Services Operating Procedures Manual which will be considered part of the agreement
17. INSURANCE. The Lessee shall procure and maintain, at its expense, until termination of this Lease,
insurance in the kinds and amounts hereinafter provided with an insurance company authorized to do business in the
State of New Mexico, covering all operations under this Lease, whether performed by Lessee or its agents. Before
providing any services, Lessee shall furnish to the CITY a certificate or certificates, in form satisfactory to the CITY,
showing that Lessee has complied with this provision. All certificates of insurance shall provide that thirty (30) days
written notice be given to the Director, Risk Management Department, City of Albuquerque, P.O. Box 1293,
Albuquerque, New Mexico 87103, before a policy is canceled, materially changed or not renewed. Various types of
required insurance may be written in one or more policies. Kinds and amounts of insurance required are as follows:
A. Comprehensive General Liability Insurance. Comprehensive general liability insurance policy with
liability limits in amounts no less than $1,000,000.00 single limit of liability for bodily injury,
including death, and property damage in any one occurrence.
The policies of insurance must include coverage for all operations performed by the Lessee and
contractual liability coverage which shall specifically insure the hold harmless provisions of the
Lease. The CITY shall be named as additional insured.
B. Workmen's Compensation Insurance. Workmen's Compensation Insurance for its employees in
accordance with the provisions of the Workmen's Compensation Act of the State of New Mexico.
18. ADDITIONAL OBLIGATION OF THE LESSEE.
A. The Administrative Officer of the Lessee shall issue a Statement of Policy to its Administrative Staff
to pledge their support to deliver professional services via their program and to work with existing
agencies in the Center to provide services for residents of the South Broadway area.
B. The Administrative officer of the Lessee shall issue a Statement of Policy to its Administrative staff to
refrain from any activities that would be detrimental to the spirit of cooperation with other agency
programs currently located in the Center and/or detrimental to their ability to deliver services to
residents of the South Broadway area.
C. Failure of the Lessee to enforce either Statement of Policy may be treated by the CITY as a breach of
19. PROGRAM MODIFICATIONS. The Lessee may not make significant modifications to the program it
offers at the Center without notifying the Director of the Center and obtaining written permission to make such
20. NOTICES. All notices or payments required by this Lease to be given any party shall be deemed to have been
fully delivered, given, made or sent when made in writing and deposited in the United States mail, certified, with
postage prepaid thereon, and addressed to the following unless either the CITY or Lessee change their respective
address by giving written notice of such change to the other:
LA COLMENA, INC CITY OF ALBUQUERQUE
1500 Walter S.E P.O. Box 1293
Albuquerque, New Mexico 87102 ALBUQUERQUE, NM 87103
ATTN: CHIEF ADMINISTRATIVE OFFICER
21. BINDING EFFECT AND EFFECTIVE DATE. This Lease is not binding until it is signed by all of the
parties and upon signature by all of such parties, the covenants, terms and conditions of the Lease shall be binding upon
and inure to the benefit of the CITY and Lessee and their successors and assigns.
22. ENTIRE AGREEMENT. This Lease constitutes the full and final agreement of the parties on all subjects
contained within it. All prior negotiations and agreements are merged into this Lease. No subsequent agreement may
modify this Lease unless it is in writing and signed by the parties or their authorized agents.
CITY OF ALBUQUERQUE LA COLMENA, INC
Valorie A. Vigil, Director
Dept., of Family and Community Services TITLE:______________________________