HomeMy WebLinkAbout12355RESOLUTION NO. 12355
A RESOLUTION APPROVING AN AIRPORT USE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND GREAT LAKES
AVIATION, LTD., AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Airport Use Agreement, by and between the City of Pueblo, a Municipal
Corporation, and Great Lakes Aviation, Ltd., relating to the use of facilities at Pueblo Memorial
Airport, a copy of which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved, subject to the conditions as set forth in said Airport Use
Agreement.
SECTION 2.
The President of City Council is hereby authorized to execute said Airport Use
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: April 9, 2012
BY: Leroy Garcia
COUNCIL PERSON
Background Paper for Proposed
R
ESOLUTION
# M-4
AGENDA ITEM
DATE: April 9, 2012
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AIRPORT USE AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND GREAT LAKES AVIATION, LTD.,
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Airport Use Agreement between the City of Pueblo and Great
Lakes Aviation?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Pueblo Airport’s commercial airline service is under the Federal Essential Air Service program.
The USDOT requested proposals for airline service at the Pueblo Airport and Great Lakes
Aviation was selected to provide service until January 31, 2014.
FINANCIAL IMPACT
Great Lakes Aviation will pay the City $15,829.48 annually for counter, office, outbound
baggage and records storage space. They will also pay landing fees at the rate of $.75 per 1,000
pounds of maximum allowable gross landing weight for aircraft landing at the Airport.
PUEBLO MEMORIAL AIRPORT
AIRPORT USE AGREEMENT
THIS INDENTURE of Lease, made and entered into this 9th day of April, 2012, by and between THE
CITY OF PUEBLO, a Municipal Corporation, hereinafter called "Lessor ", and GREAT LAKES
AVIATION, LTD., an Iowa corporation, hereinafter called "Lessee,"
WITNESSETH:
WHEREAS, Lessor now owns certain real property in the County of Pueblo, State of Colorado, known
as the Pueblo Memorial Airport, hereinafter called "Airport" and Lessee is engaged in the business of
transporting persons, property, cargo, and mail by air; and Lessor desires to grant the use of, and Lessee
desires to use, certain premises and facility on the Airport, together with certain rights, licenses, and
privileges thereon.
NOW, THEREFORE, Lessor does hereby grant unto Lessee for the purpose of conducting its air
transportation service business, and Lessee does take and accept from Lessor, for such purpose, the use of
certain premises and facilities, rights, licenses, services, and privileges in connection with and on the Airport
as follows, to -wit:
I. RIGHTS
A. Use of Airport
The use in common with others of the common use areas of the Airport and its appurtenances
including, if available and functioning, but not limited to: landing field, runways, aprons,
taxiways, roadways, sewer and water facilities, flood lights, landing lights, and all conveniences
for flying, landing, and take -offs of aircraft of Lessee, which use shall include the operation of a
transportation system by it's aircraft for the carriage of persons, property, cargo and mail,
including without limitation: loading and unloading of it's aircraft, the right to load and unload
persons, property, cargo and mail at the Airport by such motor cars, buses, trucks or other means
of conveyances as Lessee may require in the conduct of it's business, and the right to install,
maintain, use and operate such radio, communications, meteorological and aerial navigation
equipment and facilities in, on, or about the Airport as may be deemed necessary by Lessee for
it's operations provided same shall not interfere with Lessor's, or Federal Aviation
Administration's, existing or expanded equipment and facilities as well as the right, subject to
Lessor's approval, to install advertising signs, and any other operation or activity reasonably
necessary to the conduct by Lessee of it's air transportation service business or training of it's
personnel, provided such other operation or activities will not interfere with the use of the
Airport by Lessor or it's employees, agents, or other tenants and used on the Airport.
B. Terminal Building
1. Lessee shall be entitled to the use of the following space in the terminal building:
a. Counter Space — 255 square feet
b. Office Space — 299 square feet
c. Outbound Baggage Space — 460 square feet
d. Record Storage Space — 96 square feet
2. The Lessor shall designate the specific areas to be used by Lessee. Lessee's designated space
is shown on Exhibit "A" attached hereto.
3. Indoor operation of gasoline- powered equipment is prohibited in the terminal building,
including the baggage and freight handling area.
4. Lessor further grants Lessee the option of taking use for its operation of an air transportation
system of similar space in any new passenger terminal building which Lessor may construct
during the term hereof, said space and rental therefore to be mutually agreed upon between
Lessor and Lessee. Such use shall include, without limitation, the sale of tickets, cargo, and
the operation of a traffic operations and communication office. Lessee, it's employees,
passengers, guests, patrons and invitees shall also have the use, in common with others, of
any public space now available in the terminal building, or which may hereafter be made
available, including, but not limited to, waiting rooms, restrooms.
C. Miscellaneous Rights of Lessee Including, But Not By Way of Limitation
Lessee shall have:
1. The non - exclusive right of ingress and egress, without charge, to and from the premises
outlined in Paragraph I.B above.
2. The right to purchase or otherwise obtain property, facilities or services deemed by Lessee to
be required by, or incident to it's operation from any persons or organizations it may choose,
provided that such suppliers of materials and furnishers of service have complied with the
requirements of Section 3- 1 -2(c) of the Pueblo Municipal Code to the extent applicable; and
further provided, that in consideration of Lessee's agreement to pay landing fees for it's
flights that land at the Airport, persons or organizations furnishing charter aircraft services to
Lessee in substitution of Lessee's scheduled flights shall be exempt from the requirements of
said Section 3- 1 -2(c).
3. Except as herein otherwise specifically provided, the right to use the Airport and
appurtenances free of any other charges, fees or tolls by Lessor of any nature, direct or
indirect, (except sales and use taxes) or any discriminatory restrictions by Lessor against
Lessee or it's suppliers or contractors of property, facilities or services, for the privilege of
using the Airport and appurtenances, including, without limitation, the privilege of
purchasing, using, storing, withdrawing, handling, consuming, loading, unloading or
delivering of any such property or of transporting the same to, from, or on the Airport,
provided such activities are reasonably necessary to the conduct by Lessee of it's air
transportation service business.
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1I. TERM
The term of this Lease shall be for the period commencing February 1st, 2012, and ending January
31st, 2014. Unless terminated earlier as provided herein, this Lease shall terminate at the end of the
term and Lessee shall have no further right or interest in the leased premises, except that upon
termination of this Lease for any reason, Lessee shall have the right for a period of ten days after the
date of termination, to remove any or all of it's property from the Airport, provided, however, that
Lessee shall not be in default in it's payments to the Lessor hereunder and Lessee shall repair all
damage to the Airport caused by such removal.
III. RENTALS AND FEES
Lessee agrees to pay to Lessor for the use of the premises, facilities, rights, licenses, services and
privileges granted hereunder, rentals, fees and charges (there being no other rentals, fees, or charges,
and no tolls payable to Lessee during the term hereof) according to terms specified in Exhibit "B"
attached hereto and made part hereof.
IV. MAINTENANCE OF AIRPORT BY LESSOR
Lessor shall provide all maintenance services required to keep in good repair the Airport terminal
building and all appurtenances, facilities and services now or thereafter connected with the
foregoing, and shall operate the Airport in all respects in a manner at least equal to the standards or
ratings of Airports of similar size and character issued by the Federal Aviation Administration.
Without limiting the generality of the foregoing, the maintenance provided for herein shall include
the keeping of runways, taxiways, aprons, and ramps free of snow and other obstructions insofar as
reasonably possible. Lessor shall maintain the premises leased hereunder for Lessee's use in an
attractive condition and shall provide maintenance necessary to accomplish that end.
Notwithstanding the foregoing, Lessee shall be responsible to repair any damage to Pueblo Memorial
Airport or it's facilities caused by it or it's agents, employees, or invitees other than due to normal
wear and tear or fire. If Lessor fails to make such repairs or if Lessor shall be in default in the
performance of any provision of this Airport Use Agreement on it's part to be performed, such
failures or default shall not give rise to any action or claim by Lessee or it's agents, employees or
invitees against Lessor; Lessee's only remedy for such failure or breach is to terminate this Airport
Use Agreement.
V. BUILDING BY LESSEE
Lessee, at it's own expense, may construct, install, alter, modify, repair, and maintain in or on any
space which is or may be leased by Lessee hereunder and described in Paragraph I.B, any
improvements that it shall determine to be necessary for use in connection with it's business. No
restrictions shall be placed upon Lessee as to the architects, contractors or materialmen who may be
employed by it in connection therewith, who shall have free ingress and egress from said premises.
Notwithstanding the foregoing, no improvement to or modification of the leased premises shall be
made by Lessee until plans and specifications therefore have been first approved by Lessor, which
approval shall not be unreasonably withheld, and provided the construction and installation of such
improvement to or modifications of the leased premises shall be in compliance with all applicable
laws and codes and shall not unreasonably interfere with Lessor's operation of the Pueblo Memorial
Airport or terminal building or other Lessee's use thereof.
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VI. LIABILITY AND INSURANCE
A. Lessee agrees to indemnify, defend and save and keep Lessor, its officers, agents and employees,
harmless from any and all loss, expense, including reasonable attorney fees, claims, demands, or
liability, resulting from the use of the Airport, Terminal Building, Lessee's designated space, and all
other Airport facilities, by Lessee or any of its employees, agents, licensees, or invitees in their use
and occupancy thereof.
B. Lessee shall obtain and maintain in effect, at Lessee's expense, during the term of this
Agreement, Aircraft Liability Insurance covering both owned and non -owned aircraft with
coverage for both aircraft passengers and non - passengers. The Aircraft Liability Insurance shall
be written with a combined single limit for bodily injury and property damage of $1,000,000 per
occurrence and $2,000,000 aggregate.
C. Lessee shall also obtain and maintain in effect at Lessee's expense, during the term of this
Agreement, Airport Liability Insurance, covering the premises operations of Lessee, including
operation of mobile equipment, with a combined single limit of not less than $1,000,000 per
occurrence for bodily injury and property damage, and such insurance shall include Products &
Completed Operations, Contractual Legal Liability and Personal Injury Legal Liability. The
policy shall apply to liability assumed by the Lessee under this Agreement, and this Agreement
shall be deemed to be an "Airport Contract" required by Lessor as a governmental authority as a
prerequisite for the use of the Airport, the Terminal Building and Lessee's designated space.
D. Lessee shall maintain in force, at Lessee's expense, during the term of this Agreement, Pollution
Liability Insurance covering its liability for bodily injury, property damage, and environmental
damage resulting from sudden and accidental releases of pollution, and covering related or
resultant characterization, cleanup and /or remediation costs arising from the occupancy and use
of the Airport, Terminal Building and designated space. Combined single limit bodily injury,
property damage, environmental liability and cleanup /remediation shall not be less than
$1,000,000 in the annual aggregate.
E. Lessee shall obtain and maintain Workers' Compensation and Employer's Liability coverage
protecting Lessee against all claims under applicable State Workers Compensation laws. Limits
of liability shall be not less than:
Workers' Compensation — Statutory
Employer's Liability
Each Accident $100,000
Disease — Policy Limit - $500,000
Disease — Each Employee - $100,000
This coverage shall include all of Lessee's employees, including the owner(s) and shall contain
an endorsement waiving subrogation against the City of Pueblo.
F. Prior to the effective date of this Agreement, Lessee shall furnish Lessor with a certificate of
insurance executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements shown above.
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G. Coverage and limits enumerated in this lease insurance provision represent only the minimum
insurance required by the City of Pueblo, and Lessee should rely on its expertise to obtain any
additional insurance coverage needed to protect the City of Pueblo and the Lessee under this
lease agreement.
H. In the event the premises covered by this Agreement are wholly or partially destroyed or
damaged so as to render the whole or a substantial part thereofunfit for occupancy, and the same
cannot be repaired with reasonable diligence within one hundred twenty (120) days after the
happening of such destruction or damage, or if Lessor, in its sole judgment determines that it is
not economically feasible to repair same, then this Lease, at the option of the Lessee or Lessor,
shall cease and terminate as of the date of such damage or destruction. Upon such termination,
Lessor shall repay to Lessee any rents theretofore paid by Lessee with respect to any period
subsequent to the date of such termination. Lessee shall surrender possession of the premises to
the Lessor upon such termination. If, in the sole opinion of Lessor, such destruction or damage
can be repaired within one hundred twenty (120) days, Lessor shall forthwith repair the same
with all reasonable diligence, and at its own expense, and this Lease shall continue in force and
effect. During the period of such repair, the rent shall be abated in the same ratio as that portion
of the premises which is rendered unfit for occupancy bears to the whole.
VII. CANCELLATION BY LESSOR
Lessor, in addition to other rights of termination or cancellation given herein or by law, may cancel
this Lease and terminate all or any of its obligations hereunder by giving Lessee thirty (30) days
advance notice, upon or after the happening of any one of the following events:
A. The filing of Lessee of a voluntary petition in bankruptcy.
B. The adjudication of Lessee as a bankrupt pursuant to such proceeding.
C. The appointment of a receiver of Lessee's assets or the divestiture of Lessee's estate herein by
operation of Law.
D. The abandonment by Lessee of its conduct of air transportation service at the Airport.
E. The default by Lessee in the performance of any covenant or agreement herein required to be
performed by Lessee and the failure by Lessee to remedy such default for a period of thirty (30)
days after receipt from Lessor of written notice to remedy the same; provided, however, that no
notice of cancellation, as above provided, shall be of any force or effect if Lessee shall have
remedied the default prior to receipt of Lessor's notice of cancellation.
F. Recapture of the Airport by the Federal Government and assumption of control over aviation
activities at the Airport by the Federal Government for a period of more than thirty (30) days.
G. Issuance by any Court of Competent Jurisdiction of any injunction in any way preventing or
restraining the use of the Airport or any part thereof for airport purposes, and the remaining in
force of such injunction for a period of at least thirty (30) days.
H. No waiver of default by Lessor of any of the terms or conditions hereof to be performed, kept
and observed by Lessee, shall be construed to be an act as a waiver of any subsequent default of
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any of the terms and conditions herein contained to be performed, kept and observed by Lessee
and acceptance of rent or part thereof by Lessor shall not constitute a waiver or any breach by
Lessee then existing.
VIII. CANCELLATION BY LESSEE
Lessee, in addition to any other rights of termination or cancellation given herein or by law, may
cancel this Lease and terminate all or any of it's obligations hereunder at any time that Lessee is not
in default in it's payments to Lessor, hereunder, by giving Lessor thirty (30) days advance written
notice, upon or after the happening of any one of the following events:
A. The order or the action of the Department of Transportation or other governmental authority
terminating, suspending or relieving Lessee's right or obligation to operate.
B. Issuance by any Court of Competent Jurisdiction of any injunction in any way preventing or
restraining the use of the Airport or any part thereof for airport purposes, and remaining in force
of such injunction for a period of at least thirty (30) days.
C. Any action by the Federal Government or it's agencies refusing to permit Lessee to operate into,
from, or through the Airport such aircraft as Lessee may reasonably desire to operate thereon, as
long as services provided are not less than essential air service to Pueblo.
D. The breach by Lessor of any of the covenants or agreements herein contained and the failure of
Lessor to remedy such breach for a period of thirty (30) days after receipt of a written notice of
the existence of such breach; provided, however, that no notice of cancellation, as above
provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt
of Lessor's notice of cancellation.
E. The inability of Lessee to use said premises and facilities continuing for a longer period of thirty
(3 0) days due to any deficiency of the Airport or unsafe condition for operating at the Airport of
the type of aircraft then being flown by Lessee or any law, order, rule or regulation of any
appropriate Governmental Authority having jurisdiction over the operations of Lessee or due to
war, or other casualty.
F. The assumption by the United States Government or any authorized agency thereof of control of
said Airport and facilities or any substantial parts thereof.
G. The erection of any obstacle on or in the vicinity of the Airport which would occasion a
modification of Lessee's air carrier operating certificate or similar authorization establishing
minimum safety standards for the operation of Lessee.
H. No waiver of default by Lessee of any of the terms, covenants or conditions hereof to be
performed, kept and observed by Lessor shall be construed to be or act as a waiver by Lessee of
any subsequent default of any of the terms, covenants and conditions therein contained to be
performed, kept and observed by Lessor.
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I. At the expiration or termination of any Essential Air Service contract ( "EAS Contract) between
Lessee and the United States Department of Transportation ( "DOT ") or any governmental
agency succeeding to the jurisdiction of the DOT, under which EAS Contract Lessee has or had
agreed to provide Essential Air Services to THE CITY OF PUEBLO, Colorado.
IX. ASSIGNMENT
Lessee may not assign or sublease the premises leased hereunder without the prior written consent of
Lessor which may be granted or denied at its sole and absolute discretion, except an assignment to a
successor corporation which has merged with, or acquired substantially all the assets of the Lessee, if
such successor corporation should specifically agree in writing to perform this Airport Agreement.
Any assignment made hereunder may be conditioned upon the payment of an assignment fee to be
determined by the Lessor and/or an increase in rent.
X. APPLICATION OF PUEBLO MUNICIPAL CODE
All terms and conditions of this Lease are hereby made subject to the provisions of Title III, Chapter
1 of the Pueblo Municipal Code, and in event of conflict between said Pueblo Municipal Code and
any provision herein, said Pueblo Municipal Code shall control.
XI. QUIET ENJOYMENT
Lessor represents that it has the right to lease the Airport, together with the facilities, rights, licenses,
and privileges herein granted, and has full power and authority to enter into this Lease in respect
thereof, subject to the right of Recapture reserved by the United States of America. Except otherwise
provided herein, Lessor agrees that, on payment of the rent and performance of the covenants and
agreements hereunder by Lessee, Lessee shall peaceably have and enjoy the leased premises and all
rights and privileges specified herein of the Airport, it's appurtenances and facilities.
XII. REGULATION
A. Lessee agrees to observe and obey all reasonable regulations imposed by Lessor during the term
hereof, provided the same are consistent with safety and do not conflict with the regulations and
procedures prescribed by the Federal Aviation Administration for operation of Lessee's aircraft at
the Airport.
B. This lease is subject to prior FAA approval.
XIII. NOTICES
Notices to Lessor provided for herein shall be sufficient if served personally or sent by certified mail,
return receipt requested, addressed to: Director of Aviation, Pueblo Memorial Airport, 31201 Bryan
Circle, Pueblo, CO 81001 and notices to Lessee, if sent by certified mail, return receipt requested,
addressed to: Great Lakes Aviation, Ltd., 1022 Airport Parkway, Cheyenne, WY 82001, or to such
other respective addresses as the parties may designate to each other in writing from time to time.
XIV. INVALID PROVISION
It is further expressly understood and agreed by and between the parties hereto that in the event that
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any covenant, condition or provision herein contained is held to be invalid by any Court of
Competent Jurisdiction, the invalidity of any such covenant, condition or provision shall in no way
affect any other covenant, condition or provision herein contained, provided, however, that the
invalidity of any such covenant, condition or provision does not materially prejudice either the
Lessee or the Lessor in their respective rights and obligations contained in the valid covenants,
conditions or provisions in this Lease.
XV. SECURITY
Lessee shall comply with and be responsible for all applicable: (1) Federal Aviation Administration
Regulations; (2) Transportation Security Administration Regulations; (3) City Ordinances; and (4)
Airport Rules and Regulations, involving all of their leased area and use of the Airport and terminal
building, including TSAR Part 1540, Lessor's FAA approved Airport Security Program and all other
Department of Transportation and FAA directives pertaining to airport security.
XVI. CONDUCT OF BUSINESS
Lessee agrees to operate the premises leased for the use and benefit of the public and that in the
operation of its business upon the leased premises, Lessee agrees:
A. To furnish good, prompt and efficient services adequate to meet all the demands for its services
at the Airport,
B. To furnish such services on a fair, equal and non - discriminatory basis to all users thereof; and,
C. To charge fair, reasonable and non - discriminatory prices for each unit of sale or service, provided
that the Lessee may be allowed to make reasonable and non- discriminatory discounts, rebates or
other similar types of price reductions to volume purchases.
XVII. NON - DISCRIMINATION
The Lessee, in the operations to be conducted pursuant to the provisions of this Airport Use
Agreement and otherwise in the use of the Airport, will not discriminate or permit discrimination
against any persons or class of persons by reason of race, color, religion, sex, disability, or national
origin in any manner prohibited by 49 CFR Part 21 of the Regulations of the Office of the Secretary
of Transportation, or any amendments thereto. The Lessor reserves the right to take such action as
the United States Government may direct to enforce this covenant.
XVIII. AFFIRMATIVE ACTION
The Lessee assures that it will undertake an Affirmative Action Plan as required by 14 CFR Part 152,
Subpart E, to ensure that no person shall, on the grounds of race, creed, color, sex, disability, or
national origin, be excluded from participating in any employment activities covered in 14 CFR Part
152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any program or activity covered by such
Subpart. The Lessee assures that it will require that its covered sub - organizations provide assurances
to the Lessor that they similarly will undertake an Affirmative Action Plan and that they will require
assurances from the suborganizations as required by 14 CFR Part 152, Subpart E to the same effect.
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XIX. OTHER AIRCRAFT
It is clearly understood by the Lessee that no right or privilege has been granted which would prevent
any person, firm or corporation operating aircraft on the Airport from performing any services on its
own aircraft with its own regular employees (including, but not limited to, maintenance and repair)
that it may choose to perform.
XX. NON - EXCLUSIVE RIGHT
It is understood and agreed nothing herein contained shall be construed to grant or authorize the
granting of an exclusive right.
XXI. DEVELOPMENT OF AIRPORT
Lessor reserves the right to further develop or improve the public areas of the Airport including the
landing area of the Airport as it sees fit, regardless of the desires or views of the Lessee, and without
interference or hindrance from Lessee or liability to Lessee.
XXII. MAINTENANCE
Lessor reserves the right, but shall not be obligated to Lessee, 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.
XXIII. NATIONAL EMERGENCIES
During the time of war or national emergency, Lessor shall have the right to lease the landing area or
any part thereof to the United States Government for military or naval use, and if such lease is
executed, the provisions of this lease insofar as they are inconsistent with the provisions of the lease
to the Government, shall be suspended.
XXIV. AERIAL APPROACHES
Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of
the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting
to be erected, any building or any other structure on or adjacent to the Airport which, in the opinion
of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft.
XXV. UNITED STATES
This Lease shall be subordinate to the provisions of any existing or future Agreement between Lessor
and the United States, relative to the operation or maintenance of the Airport, the execution of which
has been, or may be, required as a condition precedent to the expenditure of the federal funds for the
development of the Airport.
XXVI. EFFECTIVE DATE
Regardless of the date of execution, the effective date of this Airport Use Agreement is February 1st,
2012.
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XXVII. MISCELLANEOUS
A. This Airport Use Agreement expresses the entire understanding and agreement between the
Lessor and Lessee with respect to the subject matter hereof and shall be binding and inure to the
benefit of Lessor and Lessee and their respective successors and approved assigns. No
amendment or modification hereof shall be effective unless in writing signed by Lessor or
Lessee.
B. This Airport Use Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado. Venue for any action arising out of this Airport Use Agreement shall be
Pueblo County, Colorado. Lessor and Lessee, to the extent permitted by law, waive trial by jury
in any action brought on or with respect to this Airport Lease Agreement.
C. Lessee is leasing and using the leased premises and Airport "AS IS, WITH ALL ITS FAULTS"
in its present condition. Except as expressly provided herein, Lessee acknowledges and agrees
that Lessor has not made any representation or warranty with respect to the present or future
condition or suitability for a particular use of the leased premises or Airport.
D. Lessee shall be responsible for all costs, fees, charges or penalties associated with the discharge
or release of any hazardous material (including petroleum products), or mitigating, containing, or
removal of any contamination or hazardous material (including petroleum products) on, over and
under the leased premises or Airport caused, in whole or in part, by Lessee, its officers, agents,
employees, contractors or fuel suppliers. It is understood that Lessee is not responsible for any
conditions which may be determined to have been caused by parties other than the Lessee, its
officers, agents, employees, contractors or fuel suppliers, or caused or existing prior to the
effective date of this Airport Use Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of this day and year
first above written.
DATED THIS 9 day of April, 2012.
ATTEST: = CITY OF PUEBLO, a Municipal Corporation
b IL/ '
City lerk = Chris aufm. , President of City Council
ATTEST: Great Lakes Aviation, Ltd.
/ by
Charles R. Howell IV, CEO
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "B"
RENTALS AND FEES
PUEBLO MEMORIAL AIRPORT
AIRPORT USE AGREEMENT
BETWEEN THE CITY OF PUEBLO AND GREAT LAKES AVIATION, LTD.
RENTALS
For the period February 1, 2012 through January 31, 2014 the following rental rates should apply:
(1) 255 square feet of Counter Space at $16.10 per square foot per annum.
(2) 299 square feet of Office Space at $16.10 per square foot per annum.
(3) 460 square feet of Outbound Baggage Space at $13.20 per square foot per annum.
(4) 96 square feet of Records Storage at $8.73 per square foot per annum.
Rentals shall be paid in 12 equal monthly installments in advance without notice and without setoff or
deduction on the first day of each calendar month commencing February 1, 2012.
EMPLOYEE PARKING SPACE
Lessor is willing to rent up to 10 automobile parking spaces at the Airport to Great Lakes Aviation, LTD., to
be used by their employees at a location to be determined by the Director of Aviation. The rental rate for
reserved automobile parking at Pueblo Memorial Airport is $10.00 per month for each space, payable
monthly in advance.
ACTIVITIES FEES
Lessee agrees to pay landing fees at the Pueblo Memorial Airport for all revenue - producing and non - revenue
(training) flights of the Lessee that land at the Airport at the rate of seventy-five (75) cents per thousand
pounds ofmaximum allowable gross landing weight of such aircraft, to include any flight that is diverted to
the Airport by the Lessee, provided, however, that no landing fees shall be due and payable in the event an
aircraft departs from the Airport to return and land at the Airport because of meteorological conditions,
mechanical or operating causes or for any similar emergency or precautionary reason.
Within five (5) days following the end of each calendar month, the Lessee shall transmit to the Director of
Aviation a true and accurate report, giving data necessary to calculate the amount of landing fees. Data for
training flights at Pueblo is to be included. Lessee agrees to pay landing fees monthly within thirty (30) days
of date of statements from Lessor.