HomeMy WebLinkAbout8247RESOLUTION NO. .�7
A RESOLUTION RESCINDING RESOLUTION NO. 8196 AND TERMINATING A
HANGAR GROUND LEASE AGREEMENT FOR LOT NO. 7 IN THE GENERAL
AVIATION HANGAR DEVELOPMENT AREA BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND CRAIG SHAPIRO AND APPROVING A NEW
HANGAR GROUND LEASE AGREEMENT FOR LOT NO. 2 IN THE GENERAL
AVIATION HANGAR DEVELOPMENT AREA BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND CRAIG SHAPIRO, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME,
WHEREAS, a Hangar Ground Lease Agreement for Lot No. 7 in the General Aviation
Hangar Development area at Pueblo Memorial Airport was signed by Craig Shapiro and
approved by City Council under Resolution No. 8196 on August 11, 1997,
WHEREAS, both parties wish to terminate this Lease Agreement and enter into a new
Lease Agreement for Lot No. 2 in the General Aviation Hangar Development area at Pueblo
Memorial Airport,
NOW, THEREFORE, 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 Craig Shapiro, covering the lease of Lot No. 2
located in the General Aviation Hangar Development Area 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
Resolution No. 8196 is hereby rescinded and the Hangar Ground Lease Agreement for Lot No.
7 in the General Aviation Hangar Development area at Pueblo Memorial Airport, dated August
11, 1997, is hereby terminated.
Introduced Oct6ber 14, 1997
ATTEST:
By Al CA=le
Councilperson
APPROVED:
President o City 94duncif
HANGAR GROUND LEASE
THIS LEASE, made and entered into this 14th day of October , 19 97 A.D. between the
City of Pueblo, a municipal corporation, "Lessor ", and Craig Shapiro "Lessee."
WITNESSETH:
WHEREAS, the Lessor is the owner and operator of the Pueblo Memorial Airport together with the land on which said
airport is situated, and
WHEREAS, Lessee is desirous of leasing a tract of ground on said Airport property for the purpose of constructing and
occupying a new Hangar, approximately 50 ft. by 60 ft. in size,
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:
Land Parcel
The Lessor hereby leases unto the Lessee and Lessee hereby leases from Lessor for the term and upon the
rental and conditions hereinafter stated, the real property described in Exhibit "A ", attached hereto and made
a part hereof, situated in the City of Pueblo, State of Colorado. The attached Exhibit "B" consists of a diagram
of the Hangar. The term "leased premises" means and includes the real property, hangar and other
improvements located on the real property.
2. Term
A. The term on this Lease is for a period of twenty (20) years commencing October 14, 1997
and ending October 14, 2017 unless sooner terminated as herein provided.
B. Lessor grants unto Lessee the right and option to extend the lease term for two consecutive ten (10)
year periods immediately following the original twenty (20) year lease term. Such option shall be
exercised no later than one hundred eighty days before the end of the original term or the first
extended term, as the case may be. Exercise of such options to extend, shall be in writing but in no
event shall Lessee be entitled to exercise this option, even though such notice be timely given, unless
Lessee shall have timely performed all of its obligations hereunder and not be in default hereunder.
3. Rental Rate and Other Fees
A. Lessee shall pay rent to the Lessor for the ground lease herein granted a sum per month equal to one -
twelfth (1/12) of the initial annual rent during the original term, payable in advance without notice,
offset or deduction, and shall be due quarterly on the first day of each quarter at the Director of
Aviation's Office. The commencement date of this lease, as set forth in paragraph 2, Term, shall be
the date upon which rent begins. The initial annual is $ 410.00 calculated by multiplying the gross
leased land area by .05 per square foot. The amount of rent the Lessee pays will be adjusted based
upon the consumer price index for all urban consumers, CPI-L1 (all items 1982 - 1984 =100). The rent
shall be adjusted on the 5th, 10th, 15th, and 20th anniversary of the commencement date of this lease
and each five (5) year increment of any extended term. The rent will be increased by a percentage
equal to the percentage increase in the CPI -U for the preceding 5 -year period over the comparable CPI -
U for the first month of said 5 -year period. Any rent overdue for more than thirty (30) days will have
an additional fee added to cover extra administrative costs. The additional fee will equal ten percent
(10 %) of the gross amount of all overdue rents. In the event the Lessor initiates any proceedings to
collect any unpaid rent from Lessee or to enforce any other provision of this Lease, Lessee shall pay
all of the Lessor's expenses in connection therewith, including reasonable attorney's fees.
HANGAR GROUND LEASE
B. Lessee shall pay combined service fee for services and facilities now furnished by the Lessor at the
Pueblo Memorial Airport, namely: public street maintenance, fire protection and street lighting based
upon the amount established by Lessor which is currently $297.50 per acre per year. The Lessor may,
from time to time, reduce, alter, or eliminate any or all of the services or facilities presently being
furnished and may modify, increase, or decrease the annual combined service fee therefore and the
manner by which it is calculated, including making separate charges, therefore, provided (i) such
services and fee shall be non - discriminatory among other tenants and owners of land at Pueblo
Memorial Airport receiving such services and facilities then being furnished and (ii) such fee shall be
reasonable in relation to the Lessor's actual cost and expense of furnishing the services and facilities
then being furnished. The Lessor's cost may include the cost of capital improvements amortized over
the useful life of the improvements. Only domestic waste water shall be discharged from the leased
premises to Lessor's sanitary sewer system. Lessee shall be subject to the same restrictions,
conditions, fees and charges as other users of Lessor's sanitary sewer system.
4. Improvements and Use
A. Lessee shall cause to be constucted and installed upon the leased premises the Hangar and other
improvements in accordance with plans and specifications approved by Lessor including architectural
approval, which consent will not unreasonably be withheld. The Hangar and other improvements shall
be constructed in a good and workmanlike manner in accordance with the applicable ordinances and
building codes of the City of Pueblo and pursuant to a building permit issued by the Regional Building
Department. Lessee shall diligently take all action reasonably required and appropriate to (1)
commence construction and installation of the Hangar and other improvements within six (6) months
from commencement date, and (2) complete such construction and installation within twelve (12)
months from commencement date.
B. In addition to constructing the Hangar and improvements, Lessee shall cause all utilities to be used by
Lessee to be extended underground to the leased premises within easements and locations to be
designated by Lessor and the Lessee shall be responsible for constructing and maintaining a concrete
ramp area in front of the Hangar in accordance with plans and specifications approved by Lessor. This
concrete ramp area must be designed for a minimum weight bearing capacity of 12,500 pounds for
single wheel aircraft and must be built to the width of the Hangar door opening, less the area required
for the Hangar. Should development take place adjacent to the leased premises, the Director of
Aviation at his sole discretion may require Lessee to pave sections of the leased premises to the full
width of the leased premises. This concrete area must be built so as to connect onto any adjacent
ramp, taxiway, or other paved areas in order that a continuous and safe pavement section results. It
is the responsibility of the Lessee to maintain the entire ramp area in a manner which is safe and clean
of debris so as not to cause danger or unsafe conditions for taxiing aircraft and airport users.
C. The leased premises shall be used and occupied by Lessee as a Hangar facility for the storage of
aircraft owned or leased by Lessee and for such incidental purposes directly related to such use.
Lessee shall have no right to utilize the leased premises, or any improvement thereon, other than as
specifically allowed under this subsection, and it is specifically understood that the leased premises
shall not be used for any commercial purpose including, without limitation, an aviation fixed base
operation or other commercial aviation operation or the sale of aviation fuel.
D. No aircraft service or maintenance shall be performed on the leased premises on any aircraft not owned
or leased by the Lessee or Subtenant of the Lessee, provided, however, in no event shall Lessee or any
Subtenant of Lessee conduct or operate an aircraft service or maintenance business on the leased
premises.
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HANGAR GROUND LEASE
Lessee grants to the Lessor the right to enter the leased premises to do what is necessary for the
purposes of repairing, replacing and /or maintaining any and all utility lines under the leased premises
which serve other uses at the Pueblo Memorial Airport, it being understood that the Lessor will repair,
in a good and workmanlike fashion, any and all damage done to the leased premises as the result of
work done hereunder.
Lessee shall maintain the leased premises in accordance with the requirements and regulations of the
Lessor and Lessor's fire code. The Lessee shall be responsible for all costs, fees, charges and penalties
associated with the discharge or release of any hazardous material (including petroleum products) or
mitigating the containment or removal of any contamination or hazardous material (including petroleum
products) on the leased premises which is caused by the Lessee, its officers, agents, or employees.
It is understood that the Lessee is not responsible for any conditions which may be determined to have
existed prior to the commencement date of this lease. The storage and accumulation of flammables,
explosive liquids, or solids, waste, debris or other hazardous materials within on the leased premises
shall be in an environmentally sound manner and comply with all Federal, State and Local laws and
regulations.
G. Lessee will not modify, alter, paint or improve the completed Hangar except to the extent required to
maintain its original state. Any additional modification, painting or improvements to the Hangar or
leased premises must receive prior written approval from the Lessor, which approval shall not
unreasonably be withheld.
H. Lessee shall not park or leave aircraft on the taxiways or on pavement adjacent to the Hangar in a
manner which interferes with or obstructs access to adjacent hangars. Parking of automobiles will be
permitted only in paved designated parking areas or within the Hangar.
5. Maintenance Obligations
Lessee, at its expense, shall keep the the leased premises, and utilities extended to the leased premises, in
good repair and condition, and in a safe, sanitary, orderly, and sightly condition.
6. Title to Improvements
It is hereby stipulated and agreed that the Hangar and all improvements erected and constructed on the leased
premises by Lessee shall be attached to the leased premises and title to same shall remain in the Lessee while
this Lease is in effect.
7. Right of First Refusal
If Lessee desires to sell the Hangar and other Lessee improvements during the term of this Lease, Lessee shall
first offer in writing to sell same to Lessor upon the price, terms and conditions Lessee would be willing to
accept in a good faith arms - length sale to a third party (the "Offer "). Lessor shall have thirty (30) days after
receipt of the Offer to accept the Offer. If Lessor does not accept the Offer in writing within said thirty (30)
day period, Lessee may sell the Hangar and other Lessee improvements to a third party free of Lessor's right
of first refusal granted by this section, but not at a price less than, nor upon terms and conditions more
favorable than those contained in the Offer. If Lessee sells the Hangar and other Lessee improvements to
Lessor, this Lease shall terminate. If Lessee sells the Hangar and other Lessee Improvements to a third party,
Lessee shall remain obligated and liable under this Lease unless and until Lessee assigns this Lease pursuant
to Section 16(A) hereof.
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HANGAR GROUND LEASE
8. Signs
Lessee shall not erect, paint or maintain any signs whatsoever upon the leased premises without first securing
the written consent of the Lessor. Any such signs shall comply with all ordinances and regulations of the
Lessor or standards which might be developed by the Department of Aviation. Only one identification sign,
logo, or name may be permitted on the exterior of the Hangar.
9. Right of Inspection
The Lessor reserves and retains for its officers, employees and authorized representatives the right to enter the
leased premises during reasonable business hours, and after prior notice, for the purpose of inspecting and
protecting the leased premises, and of doing any and all things which the Lessor may deem necessary for the
proper general conduct and operation of the Pueblo Memorial Airport, and in the exercise of the Lessor's police
power.
10. Taxes and Licenses
Lessee covenants and agrees to pay promptly all valid taxes and other government charges of whatever nature
assessed against or applicable to the leased premises or Lessee or Lessee's property or operations on the
leased premises. Lessee also covenants and agrees not to permit any mechanic's or materialman's lien to be
filed against the leased premises or any part or parcel thereof by reason of any work or labor performed or
materials furnished by any contractor, subcontractor, mechanic or materialman. Lessee further covenants and
agrees to pay promptly when due all bills, debts and obligations incurred by it in connection with its operations
on the leased premises, and not to permit the same to become delinquent and to suffer no lien, mortgage,
judgment or execution to be filed against the leased premises which will be in any way an impairment of the
rights of the Lessor under this Lease Agreement.
11. Indemnification
Lessee assumes the risk of loss or damage to the leased premises and property thereon, whether from
windstorm, fire, earthquake, snow, water run -off, or any other causes whatsoever. Lessee covenants and
agrees that it will indemnify and save harmless Lessor, its officers, agents and employees from all demands,
claims, costs, causes of action or judgments, and from all expenses incurred by Lessor, in investigating or
resisting the same, including reasonable attorney fees, arising from or growing out of the negligent acts or
omissions of Lessee, its contractors, agents, members, stockholders, employees, invitees, servants,
subtenants, successors or assigns in connection with its use or occupancy or their use or occupancy of any
portion of the Pueblo Memorial Airport, including the leased premises.
12. Insurance and Damage
A. At all times during the term of this Lease Agreement, and of any renewal or extension hereof, Lessee
agrees that it will, at its own cost and expense, provide and keep in force commercial liability insurance
which includes personal injury and property damage with a combined single limit not less than
$1,000,000. Lessee shall insure the Hangar and other improvements in an amount equal to their full
insurable value. Lessee shall provide Lessor with copies showing proof of such insurance and
subsequent renewals or changes as might occur during the term of this lease. With respect to any
insured loss to the leased premises and property thereon, including aircraft, Lessee releases Lessor, it's
officers, agents, and employees from any claim or liability Lessee may have on account of such loss
and waives any right of subrogation which might otherwise exist in or occur to any person on account
thereof.
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HANGAR GROUND LEASE
B. Such policies shall provide that they may not be materially changed, altered, or canceled by the insurer
during its terms without first giving ten (10) days written notice by certified or registered United States
mail to the Lessor.
C. Lessee shall not violate the terms or prohibitions of any insurance policy herein required to be furnished
by Lessee.
D. If the Hangar or other improvements (the "Improvements ") are damaged or destroyed by fire or other
casualty, Lessee shall within one hundred twenty 0 20) days from the occurrence of such casualty
either (1) repair and restore the damaged or destroyed Improvements, (2) demolish the damaged or
destroyed Improvements, restore the leased premises to their original condition, and terminate this
Lease, or (3) demolish the damaged or destroyed Improvements and commence constructionof
replacement Improvements, and thereafter complete such construction within nine (9) months from the
occurrence of such casualty. All repairs to or restoration of Improvements and /or construction of
replacement Improvements shall be in compliance with applicable laws and codes, and in accordance
with plans and specifications therefor approved by Lessor, which approval will not be unreasonably
withheld.
13. Waivers
No provision of this lease may be waived except by an agreement signed by the waiving party. A waiver of
any term or provision shall not be construed as a waiver of any other term or provision.
14. Holding Over
Should Lessee hold over the use of or continue to occupy the leased premises after the termination or
cancellation of this Lease Agreement, such holding over shall be deemed merely a tenancy for successive
monthly terms upon the same conditions as provided in this Lease Agreement subject to termination upon thirty
(30) days prior written notice.
15. Inconvenience During Construction
Lessee recognizes that from time to time it will be necessary for the Lessor to initiate and carry forward
extensive programs of construction, reconstruction, expansion, relocation, maintenance and repair at and to
the Pueblo Memorial Airport in order that the Pueblo Memorial Airport and its facilities may be suitable for the
volume and character of air traffic and flight activity which will require accommodation, and that such
construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt
Lessee's operations at the Pueblo Memorial Airport. Lessee agrees that no liability shall attach to Lessor, its
officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience
or interruption, and for and in further consideration of the premises, Lessee waives any right to claim damages
or other consideration therefor, provided, however, that this waiver shall not extend to, or be construed to be
a waiver of, any claim for physical damage to property resulting from negligence or willful misconduct of the
Lessor, its officers, agents, employees, contractors, subcontractors and representatives.
16. Place and Manner of Payments
In all cases where Lessee is required by this Lease Agreement to pay any rentals, rates, fees or other charges
or to make other payments to Lessor, such payments shall be made at the office of the Director of Aviation
at the Pueblo Memorial Airport, or at such other place as Lessor may hereafter designate by notice in writing
to Lessee and shall be made in legal tender of the United States and any check shall be received by Lessor
subject to collection. Lessee agrees to pay any bank charges made for the collection of any such checks.
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HANGAR GROUND LEASE
17. Assignments and Subletting
A. Lessee shall not assign or transfer this Lease without the prior written consent of Lessor, which
consent shall not be unreasonably withheld. Any assignment or transfer without the prior written
consent of Lessor shall be void.
B. Lessee may sublet space in the Hangar to a Subtenant pursuant to a written sublease which shall
contain among other provsions the following:
(1) The sublease shall be subject to and governed by the covenants and provisions of this Hangar
Ground Lease and Subtenant shall abide by all the terms and conditions thereof applicable to
the leased premises and use thereof.
(2) The Subtenant shall maintain and keep in force commercial liability insurance with a combined
single limit not less than $ 1,000,000.
(3) An indemnification provision substantially the same as set forth in paragraph 11 hereto.
(4) The sublease shall not become effective until an executed copy thereof is delivered to the
City's Department of Aviation.
C. Lessor consents to Lessee assigning its leasehold estate created hereby (the "Leasehold Estate ") to a
financial institution (the "Lender ") as collateral security for the repayment of a construction and /or
permanent loan from Lender to Lessee for the sole and only purpose of financing the original
acquisition, construction and installation of the Hangar and other improvements (the "Improvements ")
(the "Loan "). For purposes of such Loan, Lessor further consents to Lessee morgaging or otherwise
encumbering its right, title and interest in the Improvements as security for the Loan (the "Mortgage "),
provided, however, that at no time shall Lessor's interest and title in and to the leased premises and
Improvements, if any, be or become subordinate or subject to such Loan and Mortgage. If Lessee so
assigns its Leasehold Estate and mortgages or otherwise encumbers its interest in the Improvements,
the Lender or any subsequent holder of the Loan may cause the Mortgage to be foreclosed in any
lawful manner, or by instrument of conveyance in lieu of foreclosure, acquire Lessee's title and interest
in and to the Leasehold Estate and Improvements subject to the terms, covenants and provisions of
this Lease.
18. Agreements with United States
This Lease Agreement is subject and subordinate to the terms, reservations, restrictions, provisions, and
conditions of the deed of conveyance from the United States Government to the Lessor and of any other
existing or future agreement between the Lessor and the United States, relative to the use, operation or
maintenance of the Pueblo Memorial Airport and its appurtenant facilities, the execution of which has been or
may be required as a condition precedent to the participation by any Federal Agency in the extension,
expansions, or development of said Airport and facilities.
19. Lessee's Default
A. Any one of the following shall constitute an event of default by Lessee hereunder:
(1) Failure of Lessee to pay in full all delinquent installments of rent and /or combined service fees
for a period of ten (10) days after written notice and demand therefor are given by Lessor to
Lessee.
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HANGAR GROUND LEASE
(2) Failure of Lessee to perform or comply with any obligations, covenant or agreement of Lessee
hereunder for a period of thirty (30) days after written notice specifying such failure is given
by Lessee to Lessor, except that if such obligation, covenant or agreement is not capable of
being performed within said thirty (30) day period, Lessee shall not be in default if Lessee shall
commence such performance within said thirty (30) day period and thereafter prosecute the
same with diligence and continuity to completion.
B. In the case of any event of default by Lessee, Lessor shall have the following remedy in addition to all
other rights and remedies provided by law or in equity, including without limitation, damages and
specific performance:
(1) Terminate this Lease by one hundred twenty (120) days prior written notice given to Lessee
specifying the date of termination. In the event of such termination, Lessee shall have the right
during said one hundred twenty (120) day period to either:
(a) remove the Hangar and other improvement of Lessee from the leased premises and
restore the leased premises to their original condition; or,
(b) provided Lessee has first complied with the provisions of Section 7 hereof, sell the
Hangar and other improvements of Lessee and assign this Lease to a third person with
the prior written consent of Lessor, which consent will not be unreasonably withheld,
contingent upon such third person (i) curing and correcting all existing events of default
by Lessee, and (ii) assuming and agreeing to comply with and perform all obligations,
covenants and agreements of Lessee under this Lease.
(2) If Lessee fails to complete either 1(a) or (b) above within said one hundred twenty (120) day
period, Lessee shall vacate the leased premises, Hangar and other Lessee improvements
thereon and surrender possession of same to Lessor, and, at the option of the Lessor, the
Hangar and all Lessee improvements shall remain on the leased premises as the property of
Lessor, or, Lessor may, at the expense of Lessee, cause the Hangar and other Lessee
improvements to be removed and the leased premises restored to their original condition.
20. Notices
All notices required to be given to Lessor hereunder shall be in writing and be sent by certified mail to Pueblo
Memorial Airport, Administration Office, 31201 Bryan Circle, Pueblo, Colorado 81001 All notices required
to be given to Lessee hereunder shall be in writing and sent by certified mail, addressed to: Craig Shapiro, 50
Sepulveda Dr., Pueblo, CO 81005 ; provided, that the parties, or either of them, may designate in writing from
time to time subsequent or supplementary persons or address in connection with said notices. The effective
date or service of any such notice shall be the date such notice is mailed by Lessee or Lessor.
21. Rules and Regulations
A. In addition to all other provisions of this Lease Agreement, Lessee agrees to comply with all Federal,
State, and Lessor's Rules and Regulations, and all amendments, thereto, including Chapter 1 of Title
III of the 1971 Code of Ordinances.
B. Lessee, its officers, agents and employees shall faithfully observe all rules and regulations affecting the
use of the Pueblo Memorial Airport or motor vehicles thereon or the use and occupancy of the leased
premises, whether established by the Director of Aviation, the City of Pueblo, the State of Colorado,
or the United States or agencies thereof and Lessee's use and occupancy of the leased premises and
improvements thereon are subject to all ordinances of the City of Pueblo the same as though the
Property and Pueblo Memorial Airport was located within the jurisdictional limits of the City of Pueblo.
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HANGAR GROUND LEASE
22. F.A.A. Lease Requirements
A. The Lessor reserves the right, without any obligation on its part to do so, to develop, modify, change,
improve or abandon the Pueblo Memorial Airport or any part thereof, as it may determine in its sole
discretion, at any time, regardless of the desires or view of Lessee, and without interference or
hindrance from Lessee or liability to Lessee.
B. The Lessor reserves the right, without any obligation on its part to do so, to maintain and keep in repair
the landing area of the Airport and all publicly owned facilities of the Airport, together with the right
to direct and control all activities of Lessee in this regard.
C. This Lease Agreement shall be subordinate to the provisions and requirements of any existing or future
agreement between the Lessor and the United States, relative to the use, development, operation, or
maintenance of the Airport.
D. Lessee shall comply with the notification and review requirements covered in Part 77 of the Federal
Aviation Regulations with respect to the construction of any structure or building on the leased
premises, or in the event of any planned modification or alteration of any present or future building or
structure on the leased premises.
E. It is understood and agreed that nothing contained in this Lease Agreement shall be construed to grant
or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal
Aviation Act.
F. Lessor reserves for the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the leased premises, together with the right to cause in said airspace
such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation
or flight in said airspace, and for use of said airspace for landing on, taking off from, or operations on
or over the Pueblo Memorial Airport.
G. Lessee by accepting this Lease Agreement expressly agrees for itself, its successors and assigns that
it will not erect nor permit the erection of any structure, building or object nor permit the growth of any
tree on the leased premises to a height not to exceed 22 feet above ground level. In the event the
aforesaid covenant is breached, the Lessor reserves the right to enter upon the leased premises and
to remove the offending structure or object and cut the offending tree, all of which shall be at the
expense of the Lessee.
H. Lessee shall not make use of the leased premises in any manner which might interfere with the landing
and taking off of aircraft at Pueblo Memorial Airport or otherwise constitute a hazard to aviation. In
the event the aforesaid covenant is breached, the Lessor reserves the right to enter upon the leased
premises and cause the abatement of such interference at the expense of the Lessee.
23. Miscellaneous
A. This Lease and all of its covenants and provisions shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors, subtenants and approved
assigns.
B. No waiver by the Lessor of any failure by Lessee to comply with any term or condition of this Lease
shall be or shall be construed to be a waiver by the Lessor of any other failure by Lessee to comply
with any term or condition of this Lease Agreement.
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HANGAR GROUND LEASE
C. This Lease and any amendments hereto are subject to prior approval of the Federal Aviation
Administration.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first
above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney i
LESSOR:
CITY OF PUEBLO, A MUNICIPAL CORPORATION
By
President of - ' A
City ouncil
LESSEE:
Craig Sha iro
J
LEASE TERMINATION
This Lease Termination entered into as of October 14, 1997 between Pueblo, a municipal
corporation (the "Lessor ") and Craig Shapiro (the "Lessee ")
In consideration of the mutual covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree
as follows:
The Hangar Ground Lease dated August 11, 1997 between Lessor and Lessee for Lot
7 in the General Aviation Hangar Development Area at Pueblo Memorial Airport is terminated and
cancelled effective October 14, 1997, and Lessor and Lessee are released and discharged from all
obligations thereunder.
2. This Lease Termination shall inure to the benefit and be binding upon Lessor and
Lessee and their respective heirs, personal representatives, successors and assigns.
Signed at Pueblo, Colorado as the day and year first above written.
LESSEE
Craig apiro '
LESSOR
Pueblo, a Municipal Corporation
By
President of 6e C Council
EXHIBIT "A"
LEGAL DESCRIPTION FOR PARCEL FOR GA -2 HANGAR
PUEBLO MEMORIAL AIRPORT
PUEBLO, COLORADO
A tract of land located in Section 25 of Township 20 S, Range 64 W of the Sixth
Principal Meridian, more specifically described as follows:
Beginning at the northwest corner of Section 25, thence S 75 °49'09 "E, 1666.99 feet
to the centerline at the west end of Runway 8L/26R, more specifically known as
Station 0 + 00;
Thence N 88 °16'36 "E, 2,815.00 feet along the Runway centerline to a point;
Thence S 1 °43'24 "E, 1,730.00 feet, to a point 1,730.00 feet right of Runway 8L/26R
Station 28 +15.00, to the True Point of Beginning;
Thence N 88 °16'36" E, 80.00 feet;
Thence S 1'43'24"E, 102.50 feet;
Thence S 88 °16'36 "W, 80.00 feet;
Thence N 1'43'24"W, 102.50 feet, to the True Point of Beginning.
Said lease parcel contains 8,200.00 square feet (0.1882 acres) more or less.
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PUEBLO PULMONARY ASSOCIATES
DUMONT F. CLARK, M, D., P.C.
HARVEY W. McCLUNG, M.D.. P C.
R. KEITH WILSON, M.D., P C.
CRAIG S. SHAPIRO, M.D. P.C.
1925 EAST ORMAN AVE., SUITE 254
PHONE 719 -564 -1542
FAX 719- 566 -0916
PUEBLO, COLORADO 81004
September 22, 1997
Mr Don Saling
C/O Pueblo Memorial Airport
31201 Bryan Circle
Pueblo, CO 41001 r�
Dear Mr Saling: U `
I am currently leasing under lot #6, and would like to be changed
to lot #2 as it would be very convenient for me. I am intending
on putting a 50x60 ft hanger.
If any questions, please feel free to contact me.
Sincerely,
Craig S apiro .D.
SEP 2 4 1997
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