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Home My WebLink About05779 RESOLUTION NO. 5779 A RESOLUTION APPROVING AN AIRPORT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND TRAVELAIRE SERVICE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1: A CERTAIN AIRPORT AGREEMENT LEASE, DATED THE 24th DAY OF March, 1986 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 PUEBLO, A MUNICIPAL CORPORATION, AND RELATING TO THE USE OF THE PUEBLO MEMORIAL AIRPORT, BE AND THE SAME IS HEREBY APPROVED; SUBJECT TO THE CONDITIONS AS SET FORTH IN SAID AIRPORT AGRm m LEASE. SECTION 2: THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO EXECUTE SAID AIRPORT AGREEMENT LEASE ON BEHALF OF PUEBLO, A MUNICIPAL CORPORATION AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME, SECTION 3 : ALL NET PROCEEDS DERIVED FROM SAID AIRPORT AGREEMENT LEASE SHALL BE USED FOR THE OPERATION, MAINTENANCE AND IMPROVEMENT OF THE AIRPORT. INTRODUCED March 24 , 1986 BY SAMUEL CORSENTINO COUNCILMAN APPRO x AK P' IDENT OF THE COUNCIL ATTEST: CI C I PUEBLO MEMORIAL AIRPORT AIRPORT AGREEMENT AN AIRPORT AGREEMENT ENTERED INTO THIS 31st DAY OF January, 1986 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, HEREIN CALLED LESSOR, AND ROCKY DE VENCENTY, DBA TRAVELAIRE SERVICE 31201 BRYAN CIRCLE PUEBLO, COLORADO 81001 , HEREIN CALLED LESSEE; THAT IN CONSIDERATION OF THE PAYMENT OF RENT HEREINAFTER PROVIDED, SAID LESSOR DOES HEREBY AGREE TO LEASE UNTO THE SAID LESSEE, THE FOLLOWING DESCRIBED PREMISES SITUATE AT THE PUEBLO MEMORIAL AIRPORT: THE COUNTER SPACE IMMEDIATELY TO THE WEST INSIDE THE MAIN TERMINAL BUILDING ENTRANCE (SOUTH SIDE) ; SAID AREA IS 8' X 11' IN SIZE EQUATING TO 88 SQUARE FEET. THIS AREA IS TO BE USED AS COUNTER SPACE FOR TRAVELAIRE SERVICE'S AIR TRANSPORTATION SERVICE BUSINESS. IN CONJUNCTION WITH USE OF THIS COUNTER SPACE, THE "EAST EXIT" FROM THE CONCOURSE OF THE MAIN TERMINAL BUILDING HAS BEEN DESIGNATED FOR USE BY TRAVELAIRE SERVICE FOR THEIR SAID AIR TRANSPORTATION SERVICE BUSINESS. THE TERM OF THIS AGREEMENT IS ONE YEAR. THE AGREEMENT MAY BE TERMINATED EARLIER BY EITHER PARTY BY WRITTEN NOTICE DELIVERED AT LEAST 30 CALENDAR DAYS PRIOR TO SAID TERMINATION. LESSEE AGREES TO PAY TO LESSOR FOR THE USE OF THE PREMISES, FACILITIES, AND RIGHTS GRANTED HEREUNDER, RENTAL FEES AND CHARGES ACCORDING TO TERMS SPECIFIED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. BY ACCEPTING THIS AGREEMENT, TRAVELAIRE SERVICE, AS LESSEE, AGREES AS FOLLOWS: 1. THE LESSEE SHALL NOT ASSIGN NOR SUBLET THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE PRIOR WRITTEN APPROVAL OF THE LESSOR. 2, LESSEE, AT ITS OWN EXPENSE MAY INSTALL, ALTER, OR MODIFY THE SPACE WHICH IS LEASED BY LESSEE HEREUNDER WITH IMPROVEMENTS THAT IT SHALL DETERMINE TO BE NECESSARY FOR USE IN CONNECTION WITH ITS BUSINESS. 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 INSTALLATION OR MODIFICATION OF THE LEASED PREMISES SHALL NOT INTERFERE WITH LESSOR'S OPERATION OF THE PUEBLO MEMORIAL AIRPORT OR TERMINAL BUILDING. 3. LESSEE, ITS 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 AS DESIGNATED BY THE AIRPORT SUPERINTENDENT. 4. LESSEE AGREES, EXCEPT AS MAY BE OTHERWISE PROVIDED IN OTHER CONTRACTS ENTERED INTO BETWEEN THE LESSOR AND LESSEE, NOT TO ENGAGE IN ANY BUSINESS AT THE AIRPORT OTHER THAN THAT WHICH IS EXPRESSLY AUTHORIZED HEREIN. 5. LESSEE AGREES TO DEFEND, SAVE AND KEEP LESSOR HARMLESS FROM ANY AND ALL LOSS, EXPENSE OR LIABILITY RESULTING FROM NEGLIGENCE OF LESSEE OR ANY OF ITS EMPLOYEES, AGENTS OR INVITEES IN THEIR USE AND OCCUPANCY OF THE LEASED PREMISES AND AIRPORT, EXCEPT THAT LESSEE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO LESSOR'S PROPERY CAUSED BY FIRE OR OTHER HAZARDS INSURABLE UNDER AN EXTENDED COVERAGE ENDORSEMENT, INCLUDING VANDALISM OR MALICIOUS MISCHIEF. LESSEE AGREES TO OBTAIN AND KEEP IN FORCE THROUGHOUT THE TERM OF THIS LEASE COMPREHENSIVE PUBLIC LIABILITY INSURANCE WITH LIMITS NOT LESS THAN $1,000,000.00 BODILY INJURY AND $500,000.00 PROPERTY DAMAGE PER OCCURENCE. 6. LESSEE AGREES TO USE, IN COMMON WITH OTHERS AUTHORIZED TO DO SO, COMMON AREAS OF THE AIRPORT; INCLUDING RUNWAYS, TAXIWAYS, APRONS AND OTHER CONVENIENCES PROVIDED FOR PUBLIC USE FOR THE TAKE-OFF, FLYING AND LANDING OF AIRCRAFT. 2 THE SAID AIRPORT OR THE EXCLUSIVE OR NON-EXCLUSIVE USE OF THE AIRPORT BY THE UNITED STATES DURING THE TIME OF WAR OR NATIONAL EMERGENCY, INCLUDING THE LEASED PREMISES. 13. THE LESSEE SHALL ABIDE BY ALL APPLICABLE ORDINANCES OF THE CITY OF PUEBLO, ALL WRITTEN RULES AND REGULATIONS ADOPTED BY THE AIRPORT SUPERINTENDENT, AND ALL APPLICABLE PROVISIONS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND FEDERAL AGENCIES REGULATIONS ISSUED TO IMPLEMENT SAID ACT. THE PROVISIONS OF TITLE VI PART 21 ARE AS FOLLOWS: NO PERSON ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, OR SEX SHALL BE EXCLUDED FROM PARTICIPATING IN, DENIED THE BENEFITS OF, OR BE OTHERWISE SUBJECTED TO DISCRIMINATION IN THE USE OF SAID FACILITIES, (2) THAT IN THE CONSTRUCTION OF ANY IMPROVETTS ON, OVER, OR UNDER SUCH LAND AND THE FURNISHING OF SERVICES THEREON, NO PERSON ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, OR SEX SHALL BE EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR OTHERWISE BE SUBJECTED TO DISCRIMINATION, (3) THAT THE LESSEE SHALL USE THE PREMISES IN COMPLIANCE WITH ALL OTHER REQUIREMENTS IMPOSED BY OR PURSUANT TO TITLE 49 CODE OF FEDERAL REGULATIONS, DEPARTMENT OF TRANSPORTATION, SUB-TITLE A, OFFICE OF THE SECRETARY, PART 21 NON-DISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE CIVIL RIGHTS ACT OF 1964, AND AS SAID REGULATION MAY BE AMENDED. IF THE LESSEE SHALL VIOLATE OR BE IN DEFAULT OF ANY SUCH ORDINANCE, RULES, REGULATIONS, OR PROVISIONS OF SAID ACT, THE LESSOR MAY TERMINATE THIS AGREEMENT ON THIRTY DAYS PRIOR WRITTEN NOTICE. 14. THE LESSOR SHALL HAVE FULL AND UNRESTRICTED RIGHT TO ENTER UPON THE LEASED PREMISES AND SHALL BE PERMITTED TO INSPECT SAME AT ANY REASONABLE HOUR. 4 7. IT IS EXPRESSLY UNDERSTOOD BY LESSEE THAT SECURITY ON THE RAMP AREA NORTH OF THE TERMINAL BUILDING THROUGH THE CONCOURSE EXIT, AS ELSEWHERE ON THE AIRPORT IS VITAL. ONLY THE LESSEE, THEIR EMPLOYEES, OR INVITEES WILL BE PERMITTL) ON THE RAMP AREA AND THE LESSEE SHALL BE RESPONSIBLE FOR THE ACTIONS OF THESE PEOPLE. 8. VIOLATIONS OF AIRPORT SECURITY RULES SHALL BE SUFFICIENT GROUNDS FOR TERMINATION OF THIS AGREEMENT. 9. THE LESSEE, AND ALL OFFICERS, AGENTS AND EMPLOYEES OF LESSEE, HEREBY AGREE TO BE BOUND BY AND SUBJECT TO ALL THE POLICE ORDINANCES OF PUEBLO, 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 LEASED PREMISES WERE LOCATED WITHIN THE CITY LIMITS. 10. THE LESSEE REPRESENTS THAT IT HAS INSPECTED THE AIRPORT AND ALL ITS. PREMISES AND FACILITIES AND THAT IT ACCEPTS THE CONDITION OF SAME AND FULLY ASSUMES THE RISK INCIDENT TO THE USE THEREOF. 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 LEASED PREMISES, EXCEPT AS CAUSED BY ITS OWN NEGLIGENCE. 11, THE LESSEE BY ACCEPTING THIS LEASE EXPRESSLY AGREES FOR ITSELF, ITS SUCCESSORS AND ASSIGNS THAT IT WILL NOT MAKE USE OF THE LEASED PREMISES 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 COVENENT IS BREACHED, THE LESSOR RESERVES THE RIGHT TO ENTER UPON THE PREMISES HEREBY LEASED AND CAUSE THE ABATEMENT OF SUCH INTERFERENCE AT THE EXPENSE OF THE LESSEE, 12. THIS 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 3 15. ANY NOTICE WHICH EITHER PARTY IS REQUIRED OR PERMITTED TO GIVE PURSUANT TO ANY PROVISION OF THIS AGREEMENT SHALL BE GIVEN IN WRITING, AND LEFT AT THE LESSOR'S OR LESSEE'S ADDRESS AS SHOWN BELOW. EXECUTED THIS'. 24th DAY OF March. 1986 . PUEBLO, ' ICIPAL CORPORATION 41 / / BY P' SIDENT OF THE COUNCIL CITY OF PUEBLO 31475 BRYAN CIRCLE PUEBLO, CO. 81001 ATTEST: aAP p," CIT LERK TRAVELAIRE SERVICE ) .//1 '''' i — t// (/ 2(/ ,/*; ------77—(., z - ROCKY DCENTYL 31201$FAN CIRCLE (iraT PUEBLO, CO. 81001 APPROVED-- AS TO FORM: _l� ,et t— CITY ATTORNEY 5 • EXHIBIT "A" AIRPORT AGREEMENT BETWEEN THE CITY OF PUEBLO AND TRAVELAIRE SERVICE RENTAL FOR THE PERIOD January 1, 1986 THROUGH January 1, 1987 THE FOLLOWING RENTAL RATES SHALL APPLY: THE CURRENT RATE CHARGED BY THE CITY OF PUEBLO PER SQUARE FOOT OF RENTAL SPACE IN THE TERMINAL BUILDING AT PUEBLO MEMORIAL AIRPORT IS $8.91 PER YEAR. BASED ON THIS RATE OF $8.91 PER SQUARE FOOT PER YEAR X 88 SQUARE FEST, THE MONTHLY RENTAL RATE IS $65.34. MONTHLY RENTALS ARE PAYABLE IN ADVANCE ON OR BEFORE THE TENTH DAY OF EACH MONTH. COMMISSION IN ADDITION, FOR THE USE OF THE PREMISES AND RIGHTS GRANTED HEREIN, LESSEE SHALL PAY ACOMMISSION FEE OF FIVE PERCENT (5%) OF THE MONTHLY GROSS REVENUE OF HIS OPERATION AT THE AIRPORT. LESSEE SHALL SUBMIT A MONTHLY REPORT OF BUSINESS DONE EACH MONTH ON A FORM APPROVED BY THE AIRPORT SUPERINTENDENT BY THE TENTH DAY OF THE FOLLOWING MONTH AND AGREES TO PAY MONTHLY COMMISSION FESS WITHIN THIRTY DAYS OF RECEIPT OF INVOICE FROM LESSOR. EXHIBIT A