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HomeMy WebLinkAbout09330RESOLUTION NO. 9330 A RESOLUTION APPROVING A HANGAR LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND FLYING WINDS, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, 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 Flying Winds, Inc., for land and improvements located at Pueblo Memorial Airport, by 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. INTRODUCED: June 252001 M O. APPROVED: SIDENT OF CITY COUNCIL ATTESTED B �L ��•�� ITY CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # S DATE: June 18, 2001 DEPARTMENT: AVIATION TITLE A RESOLUTION APPROVING A HANGAR LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND FLYING WINDS, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a Hangar Lease Agreement for land and improvements at the Pueblo Memorial Airport between the City of Pueblo, a Municipal Corporation, and Flying Winds, Inc. RECOMMENDATION Approval of this resolution. BACKGROUND The hangar is located on the ramp area of the Pueblo Memorial Airport and is now the property of the City of Pueblo. Flying Winds, Inc. wishes to lease this hangar on a monthly basis. FINANCIAL IMPACT The lease amount is $500 monthly plus a combined service fee of $24.86 a month. PUEBLO MEMORIAL AIRPORT HANGAR LEASE AGREEMENT This Lease Agreement entered into as of April 1, 2001 between the City of Pueblo, a Municipal Corporation, herein called Lessor, and Fl n�ng Winds, Inc. herein called Lessee, WITNESSETH: That in consideration of the payment of rent hereinafter provided and the keeping and performance of each of the covenants and agreements of the said Lessee hereinafter set forth, said Lessor has and does hereby lease unto the said Lessee the land and improvements located at Pueblo Memorial Airport, Pueblo County, Colorado (herein "Airport") described in Exhibit "A" attached hereto and incorporated herein as if set out in full (herein "Property ") commencing April 1, 2001 for a term of one calendar month, said term shall automatically be renewed from month to month thereafter, unless terminated by either party by written notice delivered at least 90 calendar days prior to termination, specifying the date of termination. RENTAL RATE AND OTHER FEES A. Lessee hereby leases the Property from Lessor and shall pay to Lessor a rental fee of 500.00 per month, payable in advance on or before the tenth day of each month throughout the term, without notice, demand, deduction or setoff. 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 fife 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. 2. PLACE AND MANNER OF PAYMENTS A. In all cases where Lessee is required by this Lease to pay any rentals, rates, fees or other charges or to make other payments to Lessor, such payments shall be made at -1- 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. 3. RIGHTS AND PRIVILEGES OF LESSEE A. Lessee shall have the exclusive use of the Property for the purpose of storing his aircraft and personal property except as specifically set forth hereinafter. Lessee shall not assign nor sublet the Property or any part thereof without the prior written approval of the Lessor. B. Lessee shall not, without the prior written consent of the Director of Aviation, make improvements, modifications, revisions, installation of signs or other alterations to the Property. Costs of approved improvements, modifications, revisions, signs and alterations shall be borne solely by Lessee and all such improvements, modifications, revisions or alterations shall upon expiration of the original term or any renewal term or prior termination of this lease for any reason become and remain the property of the Lessor. C. Lessee, it's employees and invitees shall have the right of ingress and egress between the Main entrance of the Airport as the same now exists or may hereafter be relocated and the Property over, upon and through such streets and not other as from time to time shall be designated by the Director of Aviation. Driveways from existing streets into the Property shall be located as designated by the Director of Aviation. 4. RIGHTS AND PRIVILEGES OF LESSOR A. All rights not herein granted to the Lessee are reserved to Lessor and nothing herein contained shall be construed to grant or authorize the granting or an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. B. Lessor shall have full and unrestricted right to enter upon those portions of the Airport occupied and leased herein by the Lessee, and Lessor, it's agents or representatives shall be permitted to inspect same at any reasonable hour. C. Lessor reserves the right to maintain and keep in repair the landing area and other components of the Airport and all publicly owned facilities ofthe Airport but shall not be obligated to the Lessee for any failure to so maintain or keep in repair. D. There is hereby reserved to the Lessor, it's successors and assigns, 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 Property, together with the right to cause in said airspace such noise -2- as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using such airspace or landing at, taking off from, or operating on Pueblo Memorial Airport. E. It is further understood and agreed that this Agreement is subject to the written prior approval of the Federal Aviation Administration and that the provisions hereof cannot be modified without prior written approval by said Federal Aviation Administration. 5. OBLIGATIONS OF LESSEE A. The Lessee, shall, at it's own expense, maintain and keep the Property in good order and repair, clean, safe and orderly at all times, free of waste, rubbish and debris, and shall provide a complete and proper arrangement for the sanitary handling and disposal of all trash, garbage and other refuse resulting from Lessee's activities at the Airport. No outside storage of parts, materials, equipment, inventory, or other material shall be permitted. B. Lessee shall furnish at it's own expense and promptly pay for all utilities. C. The Lessee agrees to indemnify, defend, and save the Lessor, it's agents, officers, representatives and employees, harmless from and against any and all penalties, liability or loss including costs and attorney fees resulting from claims or court action, whether civil, criminal or in equity, and arising directly or indirectly out of acts of the Lessee, his agents, employees, or servants or through any injury or casualty occurring on the Property. D. Lessee shall not hold or attempt to hold Lessor liable for any injury, including loss of life, to any person, or for damage to any property while on the Property or the Airport, irrespective of how such injury or damage may be caused or occasioned. E. All risk of loss or damage to Lessee's aircraft and other personal property in or upon the Property is assumed by Lessee, and Lessor shall not be liable or responsible for any loss or damage to such aircraft and other personal property regardless of the cause thereof, including, without limitation, the negligence of Lessor, its officers, agents or employees. 7. GENERAL CONDITIONS A. The terms and conditions of this Lease and Lessee's rights hereunder are hereby made subject to the provisions of Title III Chapter 1 of the 1971 Code of Ordinances of the City of Pueblo and as same may be subsequently amended. In the event of conflict between said Code of Ordinances and any provision herein said Code shall control. -3- B. The Lessee, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the Property, that in the event facilities are constructed, maintained or otherwise operated on the Property for the purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. The Lessee, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the Property, that (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Property, (2) that in the construction of any improvements on, over, or under the Property and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Lessee shall use the Property in compliance with all other applicable requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this lease and to re -enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. C. The Lessee by accepting this Lease expressly agrees for itself, it's successors and assigns that it will not make use of the Property in any manner which might interfere with the landing and taking-off of aircraft from Pueblo Memorial Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Lessor reserves the right to enter upon the Property and cause the abatement of such interference at the expense of the Lessee. D. This Lease and all the provisions hereof are subject to all rights the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, re -entry upon and taking over of the said Airport including the Property. E. The Lessee shall observe faithfully all rules and regulations affecting use of the Airport, whether established by the Director of Aviation, by the City or other political subdivision having jurisdiction, by the State of Colorado or the United States, or -a- agencies thereof, including but not limited to rules affecting the operation of motor vehicles upon, to and from the Airport. F. The Lessee, and all officers, agents and employees of Lessee, hereby agree to be bound by and subject to all the Police Ordinances ofPueblo, a Municipal Corporation, at all times while on the Airport, whether acting in the course of Lessee's business or otherwise, to all intents and purposes the same as though the Property were located within the City Limits of Lessor. G. The Lessee represents that it has inspected the Property, Airport and all of City's premises and facilities and that it accepts the conditions of same and fully assumes the risk incident to the use thereof. The Property is being leased by Lessor and accepted by Lessee "as is" without warranty or representation as to the quality, quantity or condition of the Property, environmental or otherwise. The Lessor shall not be liable to the Lessee for any damages or injuries to the Property or personnel of the Lessee which result from hidden, latent or other dangerous conditions on the Airport or Property. 8. NON- PERFORMANCE CONDITIONS A. That if the Lessee shall be declared insolvent or bankrupt, or if any assignment of the Lessee's property shall be made for the benefit of creditors or otherwise, or if Lessee's leasehold interest herein shall be levied upon under execution, or seized by virtue of any writ of any Court of Law, or a Trustee in Bankruptcy or a Receiver appointed for the property of the Lessee, whether under the operation of the State or the Federal statutes, then and in any such case, the Lessor may, at its option and if lawful, immediately with or without notice, notice being expressly waived, terminate this Lease and immediately retake possession of the Property without the same working any forfeiture of any accrued obligations of the Lessee hereunder. B. That if the rent above reserved, or any part thereof shall be in default, or in case of a breach by the Lessee of any of the covenants or agreements herein, the said Lessor may declare this Lease terminated, and after the expiration of three (3) days from the date of the service of a written notice to that effect, be entitled to the possession of the Property either by the expiration of this Lease or by any violation on any term or provision as herein provided for, and the said Lessee shall refuse to surrender and deliver up the possession of the Property, after the service of said notice as aforesaid, then and on that event, the said Lessor may, without further notice or demand, enter into and upon the Property, or any part thereof, and take possession thereof and repossess them, and expel, remove and put out of possession the Lessee, using such help, assistance and force in so doing as my be needful and proper, without prejudice to any remedy allowed by law, available in such cases. C. That in case the Property is left vacant and any part of the rent herein reserved be due and unpaid, then the Lessor may, without in any way being obligated to do so, and -5- without terminating this Lease, retake possession of the Property and rent the same for such rent, and upon such conditions as the Lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Lessee shall be liable for the balance of the rent herein reserved until the expiration of this Lease. D. In the event the Lease Agreement be terminated as herein provided, Lessor should have and is hereby given a lien upon Lessee's equipment, fixtures, furniture and inventory located in or upon the Property for all rent, expenses, attorney fees and costs then due or to become payable by Lessee hereunder, and such lien may be enforced by the taking and sale of such property in the same manner and as provided for the disposition of collateral under the Colorado Uniform commercial Code. E. Lessee agrees to pay the Lessor all costs, including a reasonable attorney fee, incurred by Lessor in recovering any rent or other money due and unpaid under the terms of this Lease or to recover possession of the Property after termination hereof. 9. NOTICES A. 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: Mahlon T. White, Flymg Winds, Inc., Minnequa Bank, P.O. Box 2097, Pueblo, CO 81004 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. 10. SPECIAL CONDITIONS A. Lessee agrees that no inflammable liquids or hazardous materials shall be used or stored on the Property; excepting the fuel in the aircraft fuel tanks or in the tank of a stored automobile. B. It is expressly understood that no person other than the Lessee or his regular employee may perform services (including, but not limited to, maintenance and repair) on any aircraft on the Property. C. Lessee agrees to provide drip pans of a non - inflammable material under the aircraft to prevent damage to the asphalt floor in the building on the Property from dripping oil or fluid. D. Violations of Airport Security Rules shall be sufficient grounds for termination ofthis Lease. -6- I 1. MISCELLANEOUS PROVISIONS A. That no assent, expressed or implied, to any breach of any one or more of the covenants and agreements hereof, shall be deemed or taken to be a waiver of any succeeding or other breach. B. That all covenants and agreements in this Lease contained shall be binding upon and inure to the benefit of the successors and assigns of said Lessor and said Lessee, provided lessee may not assign this lease without prior consent of Lessor. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as ofthe day and year first above written. ATTEST: 7MR t F APPROVED AS TO FORM: ity Atto LESSOR CITY OF 0 LESSEE: CORPORATION of the City Council Mahlon T. White, Flying Winds, Inc. -7- EXHIBIT "A" A parcel ofground in the NE 1 /4 of Section 25, Township 20 South, Range 64 West, described as follows: Commencing at the West 1 /4 corner of Section 30, Township 20 South, Range 63 West; thence North 0 08'40" West a distance of 381.54 feet; thence South 88 18'05" West a distance of 225.00 feet; thence North 1 ° 41'55" West a distance of 372.66 feet to a point of beginning; thence North 1 41' 55" West a distance of 207.00 feet; thence South 88° 18' 05" West a distance of 211.00 feet; thence South P 41'55" East a distance of 207.00 feet; thence North 88° 18'05" East a distance of 211.00 feet to the point of beginning. Said parcel contains 1.0027 acres. The dimensions ofthe concrete hangar located on the above parcel is 8 1. 0 ft. in width x 48.7 ft. in depth, a total of 3,800 square feet. See attached drawing. -8- EXHIBIT NORTHEAST 114 OF SECTION 25, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6th PRINCIPAL MERIDIAN COUNTY OF PUEBLO, STATE OF COLORADO S 88' 15' ,43 -" W 21 1.00 z 0 �� V W FOUND 3 " CAP IN MONUMENT BOX (AS PER MONUMENT RECORDS) ABEL ENGINEERING PROFESSIONALS, INC. P.O. BOX 1826 PUEBLO, COLORADO 81002 (719) 546 -2235 J. N. 2001 -212 -- -- G- -- -FOUND PK NAIL & SHINER PLS #16128 • FOUND #4 REBAR O SET #4 REBAR WITH PLASTIC YELLOW CAP, PLS #30107 ----- -- , O--FENCE 0 TREE FIRE HYDRANT N RR' 15' 4.3" F 2 1 n Rn'