HomeMy WebLinkAbout12816RESOLUTION NO. 12816
A RESOLUTION APPROVING A RAMP GROUND LEASE
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND FLOWER AVIATION, 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 Ramp Ground Lease, 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 Flower Aviation, Inc. for the use of land located at
Pueblo Memorial Airport, is hereby approved, subject to the conditions as set forth in said Ramp
Ground Lease.
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.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached Ramp Ground Lease to effectuate
the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: October 28, 2013
BY: Ami Nawrocki
Background Paper for Proposed
R
ESOLUTION
DATE: AGENDA ITEM # M-1
October 28, 2013
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION APPROVING A RAMP GROUND LEASE BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND FLOWER AVIATION, INC. AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve a Ramp Ground Lease between the City and Flower Aviation,
Inc. for land at Pueblo Memorial Airport?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
This lease is for 83,626 square feet of ramp space at Pueblo Memorial Airport. Airport staff and
Flower Aviation have agreed that the lease will have a commencement date of August 1, 2013.
The term of the lease is for one month and will automatically be renewed each month unless
terminated by either party.
FINANCIAL IMPACT
Flower Aviation will lease the land (83,626 square feet) at $0.14 per square foot annually which
is $975.64 per month. They will also pay a combined service fee of $499.92 per acre annually
for 1.92 acres which is $79.99 monthly. Also, Flower Aviation will pay 2% of the monthly gross
revenues derived from all sales, operations, and services on the leased premises.
RAMP GROUND LEASE
THIS LEASE made and entered into as of October 15, 2013 A.D. between the City of Pueblo, a
municipal corporation, "Lessor ", and Flower Aviation, LLC, "Lessee."
WITNESSETH:
WHEREAS, the Lessor is the owner and operator of the Pueblo Memorial Airport ( "Airport "),
together with the land on which said Airport is situated, and
WHEREAS, Lessee has requested and has been awarded an aircraft ramp lease, and is desirous of
leasing a tract of ground on said Airport property for the purpose of occupying an existing Ramp, of
approximately 83626 square feet, and Lessee is desirous of leasing the existing Ramp of
approximately 83626 square feet,
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as
follows:
1. 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 shown on Exhibit
"A ", attached hereto and made a part hereof, situated in the County of Pueblo, State of
Colorado subject to existing easements; and the Ramp situated on the real property. The
attached Exhibit "A" consists of a legal description, plot plan and diagram of the Ramp. The
term "leased premises" means and includes the real property and other improvements located
on the real property.
2. Term:
A. The initial term on this Lease is month to month commencing August 1, 2013
( "commencement date ").
B. All conditions and covenants contained herein shall remain in full force and effect
during any and all extension periods.
C. Either party may terminate this Lease at any time and for any reason upon thirty (30)
days written notice to the other party.
3. Rental Rate and Other Fees:
A. Lessee shall pay rent to the Lessor for the ramp 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
monthly on the tenth day of each month at the Director of Aviation's Office. The
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commencement date of this lease, as set forth in paragraph 2, Term, shall be the date
upon which rent begins. The initial annual rent shall be calculated by multiplying the
gross leased land area by $.14 per square foot. Thereafter, the amount of rent the
Lessee pays will be adjusted based upon the consumer price index for all urban
consumers, CPI -U (all items 1982 -1984 =100 for Denver - Boulder - Greeley published
by the Bureau of Labor Statistics of the United States Department of Labor (the
"Bureau "); provided, that if the Bureau ceases to publish the CPI -U or materially
changes its compensation, the City and Lessee shall agree to and use comparable
published statistics or index to adjust the rent for inflation.). The rent shall be
adjusted every twelve (12) months. The rent will be increased or decreased by a
percentage equal to the percentage increase or decrease in the CPI -U for the
preceding 1 -year period over the comparable CPI -U for the first month of said 1 -year
period. Any rent overdue for more than fifteen (15) 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. Venue for any such proceeding shall be in
Pueblo County, Colorado.
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 $499.92 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 (1) such services and fee shall be nondiscriminatory among other tenants
and owners of land at Pueblo Memorial Airport receiving such services and facilities
then being furnished and (2) 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 wastewater 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.
C. For services and activities authorized to be performed within the Ramp on the leased
premises pursuant to Section 4.G., Lessee shall pay as additional rent two percent
(2 %) of the monthly gross revenues derived from all sales, operations and services
made, furnished or conducted on or from the leased premises. Such additional rent
shall be paid monthly without notice, offset or deduction on or before the tenth (10
of the following month at the Director of Aviation's office and shall be accompanied
with such reporting forms as the Director of Aviation shall determine. Lessor shall
have the right to examine and audit Lessee's and its subtenant's books and records to
determine the accuracy of the additional rent.
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D. All unpaid rent and other charges shall accrue interest at the rate of ten (10) percent
per annum.
4. Improvements and Use:
A. Lessee, at its sole cost and expense, may cause to be constructed and installed upon
the leased premises additional improvements in accordance with plans and
specification approved by Lessor, including architectural approval, which approval
may be granted or denied in Lessor's sole and absolute discretion. The
improvements shall be constructed in a good and workmanlike manner in accordance
with the applicable laws, ordinances and building codes and pursuant to a building
permit issued by the Regional Building Department. Lessee will not modify, alter, or
improve any improvements upon the leased premises whether now existing or
hereafter constructed without the prior written approval of Lessor, which approval
may be granted or denied in Lessor's sole and absolute discretion.
B. The leased premises shall be used and occupied by Lessee or its subtenants as a
facility for the fueling, servicing, storage, and maintenance of aircraft 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. No such activity will unreasonably interfere as determined by
the Director of Aviation with the use of taxiways and aprons or the activities of other
tenants of land of the Airport
C. 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.
D. 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, over or under 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 October 14, 1997. The
storage and accumulation of aviation fuel, flammables, explosive liquids, or solids,
waste, debris or other hazardous materials within or on the leased premises shall be
in an environmentally sound manner and comply with all Federal, State and Local
laws and regulations.
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E. Lessee will not modify, alter, paint or improve the Ramp except to the extent
required to maintain its original state. Any additional modification, painting or
improvements to the Ramp or leased premises must receive prior written approval
from the Lessor, which approval may be granted or denied in Lessor's sole and
absolute discretion.
F. Lessee shall not park or leave or allow to be parked or left aircraft on the taxiways or
on pavement adjacent to the Ramp in a manner which interferes with or obstructs
access to adjacent hangars or public ramp area. Parking of vehicles will be permitted
only in paved designated parking areas within the Ramp.
5. Maintenance Obligations:
Lessee, at its expense, shall keep the leased premises and utilities extended to the leased
premises in good repair and condition, and in a safe, sanitary, orderly, and sightly condition.
Lessee will be responsible for all damage which is not considered normal wear and tear as
determined by the Director of Aviation.
6. Utility Cost Recovery:
A. If Lessee connects to an existing utility installed or constructed by or through the City
or another Lessee at the Airport ( "Utility Installer ") to serve the Leased Premises,
Lessee shall pay to the Utility Installer an amount equal to the Lessee's proportionate
share of the cost of such utility as determined by the Director of Aviation ( "Cost
Recovery"). The Director of Aviation shall establish a reasonable formula or
methodology for apportionment of such costs and establishing Cost Recovery. In
order to be eligible for Cost Recovery, the Utility Installer shall submit to the
Director of Aviation detailed cost and payment information evidencing the cost of
constructing and installing the utility, including paid invoices and professional fees
for engineering or survey work with respect to such utility. City will administer the
collection and reimbursement of Cost Recovery, however, if for any reason the Cost
Recovery is not paid, City shall not be responsible or liable therefor.
B. If Lessee extends a utility to serve the Leased Premises, the Director of Aviation shall
designate its location and the size of such utility shall be as provided in C. below.
All utility extensions shall be installed underground. Lessee shall furnish City with
an appropriate survey showing the location of the utility as installed. If such utility
extension is of sufficient size and location so that such utility extension may serve
other property at the Airport as determined by the Director of Aviation, connections
to such utility extension may be authorized and approved by the Director of Aviation,
and, if eligible for Cost Recovery, Lessee shall be paid Cost Recovery determined as
provided in A. above.
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C. Sanitary sewer extension lines shall be a minimum of eight (8) inches or in such
larger size as determined by the Director of Wastewater. All other utilities will be
sized in accordance with the utility service provider's standards.
D. The Utility Installer shall be responsible for the maintenance, repair and replacement
of the utility and /or utility extension, and the cost and expense thereof shall be
proportionately paid and shared among the Utility Installer and each Lessee or other
party connecting thereto.
7. 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.
8. 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.
9. 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 material man'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 material man. 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.
10. 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,
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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. The provisions of this Paragraph 11 hall survive the termination of this Lease
Agreement.
11. Insurance and Damage:
A. At all times during the term of this Lease Agreement, and of any renewal orextension
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 Ramp and other improvements in an amount equal to their full insurable value
naming the Lessor as a loss payee. 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.
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 Ramp or other improvements (the "Improvements ") are damaged or destroyed
by fire or other casualty, Lessee shall within one hundred twenty (120) 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, in which event
the net proceeds of the property damage insurance required to be provided by Lessee
pursuant to Section 13.A. shall be retained by Lessee, or (3) demolish the damaged or
destroyed Improvements and commence construction of 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. Except in the event of (2)
above, the net proceeds of property damage insurance provided by Lessee pursuant to
Section 13.A. shall be released by City and paid to Lessee for the purpose of Lessee
repairing, restoring or replacing improvements damaged or destroyed by such insured
fire or other casualty.
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12. 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. 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.
13. Inconvenience During Construction:
Lessee recognizes that from time to time it will be necessary for the Lessor to initiate and
carry forward 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.
14. 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.
15. Assignments and Subletting:
A. Lessee shall not assign this Lease or any interest therein nor sublet the leased
premises or any portion thereon without the prior written consent of Lessor, which
may be granted or denied within its sole and absolute discretion. Any assignment
may be conditioned upon the payment of an assignment fee and /or an increase in rent
to be determined by the Lessor in its sole and absolute discretion. Any assignment or
subletting without the prior written consent of Lessor shall be void. No subletting of
this Lease or the leased premises shall release or discharge Lessee from its
obligations under this Lease.
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B. Should Lessor consent to a sublease, such written sublease must, at a minimum,
include the following provisions:
(1) The sublease shall be subject to and governed by the basic covenants and
provisions of this Hangar Ground Lease. Subtenant shall abide by all of the
other terms and conditions thereof applicable to the leased premises and use
thereof. The sublease may be for a lesser term than specified in Section 2
and for a rental greater than that specified in Section 3.
(2) The Subtenant shall maintain and keep in force commercial liability
insurance with a combined single limit not less than $1,000,000. Such
insurance requirement may be complied with by Subtenant's coverage under
Lessee's Master liability insurance policy.
(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 Lessor's Department of Aviation.
C. Lessor may deny its consent to any assignment or sublease for any reason within its
sole and absolute discretion, including if Lessor in its sole discretion determines
based upon written information supplied to Lessor by Lessee at least sixty (60) days
prior to the effective date of such assignment or sublease that the proposed assignee
or subtenant has failed to demonstrate the ability to perform this Lease or the
proposed sublease in a competent and financially responsible manner. Failure of
Lessee to provide adequate written information concerning the assignee or subtenant
sufficient for Lessor to make such determination shall be, in and of itself, a sufficient
basis for the Lessor to deny its consent to any proposed assignment or sublease.
Lessor shall inform Lessee in writing whether it grants or denies its consent to the
proposed assignment or sublease. Consent to one assignment or subletting for use by
any other person shall not be deemed consent to any subsequent assignment or
subletting.
16. 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.
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17. 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 fifteen (15) days after written notice
and demand therefor are given by Lessor to Lessee.
(2) Failure of Lessee to perform or comply with any obligation, covenant or
agreement of Lessee hereunder other than payment of money 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 a continuing 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 thirty (30) days prior written notice given to Lessee
specifying the date of termination and Lessee shall within said 30 -day period
vacate the leased premises and surrender possession thereof to Lessor.
18. 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
Flower Aviation, Todd Engel, 31000 Bryan Circle, Pueblo, CO 81001, 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.
19. Law, Rules and Regulations:
A. Lessee, its officers, agents and employees shall faithfully observe and comply with all
applicable federal, state and local laws, regulations and ordinances now existing or
hereafter adopted relating to the use and occupancy of the Airport or leased premises
including without limitation Chapter 1 of Title III of the Pueblo Municipal Code.
B. Lessee, its officers, agents and employees shall faithfully observe and comply with all
minimum standards and rules regulating operations and activities from and upon the
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Airport adopted from time to time by Lessor. Such minimum standards and rules
shall not be applied arbitrarily, discriminatorily, or unreasonably. Except with
respect to matters of public health and safety, if any provision of this Lease shall
conflict with any provision of the minimum standards and rules adopted or amended
by Lessor after commencement date, the conflicting provision of this Lease shall
control.
20. 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 25 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
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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.
If during the term of this lease, all or part of the leased premises should be taken or
threatened to be taken for any public or quasi - public use under any governmental law
or by right of eminent domain, or sold to the condemning authority under threat of
condemnation, this Lease shall terminate and the proceeds, if any, from such taking
or sale shall be allocated between Lessor and Lessee in accordance with applicable
condemnation law.
J. Lessor reserves the right to grant and to take easements or rights of way in, under,
over and across the leased premises, in which event, Lessor shall only be entitled to
compensation for damages to Hangars and other improvements of the Lessee
destroyed or damaged thereby, but not to damages for loss of use of the leased
premises.
21. Nondiscrimination Assurances
A. The Lessee, for itself, its successors and assigns, as a part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land that in the event
facilities are constructed, maintained, or otherwise operated on the leased premises or
ramp, for a purpose for which Department of Transportation program or activity is
extended or for another purpose involving the provision of similar services or
benefits, the Lease shall maintain and operate such facilities and services in
compliance with all requirements imposes pursuant to 49 CFR, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as the regulations may be amended.
B. The Lessee, for itself, its successors and assigns, as a part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land that (i) no person
on the grounds of race, color, religion, sex, disability or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the leased premises or ramp; (ii) that in construction of
any improvements on, over or under such land and the furnishing of services thereon,
no person on the grounds of race, color, religion, sex, disability, or national origin
shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination; and (iii) that the Lessee shall use the leased premises and
ramp in compliance with all other requirements imposed by or pursuant to 49 CFR,
Part 21, Non - discrimination in Federally Assisted Programs of the Department of
Transportation, and as the regulations may be amended.
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C. The Lessee assures that it will undertake an affirmative action program as required by
14 CFR, Part 152, Subpart E, to insure that no person shall on the grounds of race,
creed, color, religion, disability, national origin or sex be excluded from participating
in any contracting, leasing or 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 this subpart. The Lessee assures that it will require that its covered
suborganizations provide assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances from their
suborganizations, as required by 14 CFR, Part 152, Subpart E, to the same effect.
D. Lessee agrees to operate the leased premises for the use and benefit of the public and
to furnish good, prompt and efficient services adequate to meet all the demands for
its services at the Airport, to furnish service on a fair, equal and not unjustly
discriminatory basis to all users thereof, and to charge fair, reasonable, and not
unjustly discriminatory prices for each unit of service, provided that Lessee may be
allowed to make reasonable and nondiscriminatory discounts, rebates or other similar
types of price reductions to volume purchasers.
22. 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.
C. This Lease and any amendments hereto are subject to prior approval of the Federal
Aviation Administration.
D. Lessee is leasing the leased premises "AS IS" in its present condition. Lessor makes
no representation or warranties with respect to the present or future condition, or
suitability for a particular use of the leased premises or the Pueblo Municipal
Airport. Lessor shall be under no obligation to maintain the Pueblo Memorial
Airport or any part thereof in a particular location or condition. If the Pueblo
Memorial Airport shall permanently close or relocate, the use restrictions stated in
paragraph 4.C. shall not apply, and the Lessee may use the leased premises for any
lawful use or purpose allowed by the then existing Pueblo Municipal Code, or in the
alternative, Lessee may terminate this Lease upon thirty (30) days prior written notice
given to Lessor.
-12-
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the
day and year first above written.
LESSOR: LESSEE:
CITY OF PUEB FLOWER AVIATION, INC
A Munici..O'rpo . 00 0
�� B ,/ B /
!.� Y A
t- i en G. Nawroc i odd Engel
Title: President of City Council Title: Pr.e s
Attest:
City rk
Approved as to form:
‘- - }<5 y011,a-e
City Attorney
-13-
Q
N.R1N
4 E
EXHIBIT A w
FLOWER PARCEL A SCALE = =goo
City of Pueblo Bureau of Public Warks
2008 Pueblo County I
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Legend
® Set PK Nail with Shiner
Description P.L.S. 31925
A parcel of land located within a portion of Parcel H of Pueblo Memorial Airport
Industrial Park Subdivision, located in the SE 1/4 of the NE 1/4 of Section 25,
Township 20 South, Range 64 West, and in a portion of the SW 1/4 of the NW 1/4
of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian,
being more particularly described as follows:
Parcel A
BEGINNING at a point from which the monument found at the intersection at Skyway
Street and Atlas Avenue bears S 22° 41' 37" W a distance of 1,014.66 feet (bearings
based on the monument found at the intersection of Skyway Street and Atlas Avenue
to the monument found at the intersection of Skyway Street and Magnuson Avenue
to bear N 1 ° 31' 26" E, with all bearings contained herein being relative thereto;
thence N 1° 36' 04" W a distance of 234.00 feet; thence N 88° 23'
56" E a distance
of 352.00 feet; thence S 01 ° 36' 04" E a distance of 160.00 feet; thence N 88' 23'
56" E a distance of 17.00 feet; thence 5 01 ° 36' 04" E a distance of 74.00 feet;
thence S 88° 23' 56" W a distance of 369.00 feet to the POINT OF BEGINNING
Area = 1.92 Acres(83,626 s.f.)more or less
Riley Monroe Bryan Date
P.L.S. 31925 SHEET 1 OF 1