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HomeMy WebLinkAbout7834RESOLUTION NO. 78 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND AERONAUTICAL RADIO, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, Be it resolved by the City Council of Pueblo, Colorado, that: SECTION 1 A certain Lease Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Aeronautical Radio, Inc., relating to the rental of storage space in the baggage /freight area of the Airport Terminal building, located at Pueblo Memorial Airport, be and the same is hereby approved; subject to the conditions as set forth in said Lease Agreement. SECTION 2 The President of City Council is hereby authorized to execute said Lease Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3 All net proceeds derived from said Lease Agreement will be used for the operation, maintenance, and improvement of the Airport. Introduced March 25, 1996 ATTEST: City C k By �;amuPl C orspnt l no Councilperson APPROVED: Presid nt of City Council LEASE AGREEMENT THIS LEASE is made as of March 25 l gg(; between THE CITY OF PUEBLO, as Lessor, and AERONAUTICAL RADIO, INC. (a Delaware Corporation), as Lessee. 1. PREMISES Lessor hereby leases to Lessee the following: Sufficient space in the Baggage Room at the Pueblo Memorial Airport for a wall- mounted communication equipment cabinet measuring approximately four (4) square feet. 2. TERM The term of this lease shall be for a period of two years, commencing April 1, 1996, and continuing until March 31, 1998, providing either Lessor or Lessee may terminate this Lease Agreement upon giving the other party ninety (90) days prior written notice specifying the date of termination. 3. RENT Lessee shall pay to Lessor a rental of thirty -seven ($37.00) per month payable quarterly in advance. 4. USE AND ACCESS Lessee may install a communication equipment of not greater than six (6) square feet and shall have unrestricted access to the premises at all hours of night or day. 5. UTILITIES & TAXES Lessee, at it's expense, may arrange for such telephone and wire line service as it may require. Lessor shall pay all taxes on the leased premises, except on Lessee's tangible personal property. Electric power for the wall- mounted communication equipment shall be paid for by Lessor and is included in the rent. 6. LIABILITY Lessee shall indemnify and save harmless the City (Lessor), it's officers, agents, and employees from and against any and all claims, demand, actions, suits and expenses (including reasonable attorney fees) of any nature arising out of Lessee's use of the premises, including those based upon loss of use, arising out of, caused by, or sustained by the acts or omissions of Lessee, it's officers, agents, or employees, or in connection with the performance of the Lease or by conditions created thereby, or by conditions of the Property, or bases upon any violation of any statute, ordinance, or regulation, except those such matters which existed on the premises when Lessee took possession or which are caused by the negligence of the City (Lessor), it's officers, agents, or employees. 7. ASSIGNMENT & SUBLETTING Lessee shall not assign this Lease or sublet the premises without Lessor's written consent. 1 9 10 REMOVAL OF LESSEE'S PROPERTY At the expiration of the Agreement, Lessee shall remove all it's property and equipment and repair all damage to the Baggage Room cause thereby, leaving the premises in their original condition, ordinary wear and tear excepted. COMPLIANCE WITH LAWS Lessee shall comply with all applicable laws and regulations governing it's use of the premises. NOTICES All notices hereunder to either party shall be delivered by hand or sent by United States mail, first class postage prepaid, addressed as follows: TO LESSOR: City of Pueblo Department of Aviation 31201 Bryan Circle Pueblo, Colorado 81001 ATTN: James P. Elwood Director of Aviation IN WITNESS WHEREOF, the parties have signed this Agreement. LESSOR: CITY OF PUEBLO, COLORADO B� �L Preside , City Council TO LESSEE: Aeronautical Radio, Inc. 2551 Riva Road Annapolis, Maryland 21401 ATTN: Calvin E. Barfield Vice President - Operations LESSEE: AERONAUTICAL RADIO, INC. Calvin E. Barfield Vice President- Operations ATTEST: City Cle APPROVED AS TO FORM: City Attorn y..- 2