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RESOLUTION NO. 13734
A RESOLUTION APPROVING A HANGAR LEASE BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND LOCKHEED
MARTIN CORPORATION, A MARYLAND CORPORATION,
RELATING TO LAND AND A BUILDING LOCATED AT THE
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The hangar lease dated July 24, 2017 between the City of Pueblo, a municipal corporation
and Lockheed Martin Corporation, a Maryland corporation (“Company”) a copy of which is
attached hereto and incorporated herein by this reference, having been approved as to form by
the City Attorney is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the hangar lease in
the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest
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 hangar lease which are necessary
or appropriate to implement the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED: July 24, 2017
BY: Ed Brown
City Clerk’s Office Item # M-9
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 24, 2017
TO: President Stephen G. Nawrocki and Members of City Council
VIA: Gina Dutcher, City Clerk
FROM: Sam Azad, City Manager
SUBJECT: A RESOLUTION APPROVING A HANGAR LEASE BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND LOCKHEED MARTIN CORPORATION, A
MARYLAND CORPORATION, RELATING TO LAND AND A BUILDING
LOCATED AT THE PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a Resolution approving and authorizing the President of City Council to sign a hangar
lease between the City and Lockheed Martin Corporation, a Maryland corporation (“Company”).
PREVIOUS COUNCIL ACTION:
Not applicable.
BACKGROUND:
The City and the Company have negotiated a hangar lease containing the following terms and
conditions:
1. The lease is for approximately 22,500 square feet of an airplane hangar located
at the Pueblo Memorial Airport.
2. The term of the lease is for two years, with the Company having the option to
renew the lease for an additional two terms of one year each. The monthly base
rent for the hangar is $5,000 increasing to $5,500 per month for the first renewal
term and $6,000 per month for the second renewal term. In addition, the
Company agrees to pay landing fees and further agrees to reimburse the City for
snow removal.
3. The hangar lease is made on a “triple net” basis with the Company paying all
applicable taxes, insurance and utilities. In addition, the Company agrees to pay
the City of Pueblo’s combined service fee.
4. The City agrees to install a concrete floor in the hangar building in accordance with
specifications agreed to by the parties.
FINANCIAL IMPLICATIONS:
As set forth above.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
If this Resolution is not approved the City will not receive income from the Company for the lease
of the airport hangar building.
RECOMMENDATION:
Approve the Resolution.
Attachments:
Proposed Resolution
Proposed hangar lease
LEASE COMMENCEMENT AGREEMENT
This Lease Commencement Agreement is made as of this day of September,2017,and is
hereby attached and made a part of the Lease dated July 24,2017("Lease")by and between City of
Pueblo("Landlord")and Lockheed Martin Corporation("Tenant")for approximately 22,500 rentable
square feet of space located at 31201 Bryan Circle,Pueblo,CO(as more particularly described in the
Lease,the"Premises").
Landlord and Tenant acknowledge that the address for the Premises is 32501 Walt Bassett Avenue,
Pueblo,CO 81001.As of July 24,2017,all references in the Lease to the Premises shall be deemed to
mean 32501 Walt Bassett Avenue, Pueblo,CO 81001.
This Commencement Date of the Lease shall be July 25,2017.
The Rent due under the Lease shall commence on July 25,2017.
The Expiration Date of the Lease shall be July 24,2019.
Landlord and Tenant agree to be bound by all the terms,covenants and conditions and agreements set
forth in the Lease,as supplemented by this Lease Commencement Agreement.
The premises address and dates set forth above in this Lease Commencement Agreement shall replace
and supersede any conflicting addresses and dates set forth in the Lease.
Landlord: Tenant:
City of Pueblo Lockheed Martin Corporation
By: LMC Properties,Inc.,Attorney in Fact under
Irrevocable Power of Attorney effective April 4,2016
By: /tglldIL By: a-4
Sam Azad V /,
Title:City Manager Title: /t(c� 4' X 1:1-4-62-
f ..,.,i2.,i
Date: 1-i- 11 Date: . fr/l1/1
LEASE
THIS LEASE entered into as of this 24th day of July, 2017 by and between City of Pueblo, a
Colorado municipality (the "Lessor") and Lockheed Martin Corporation, a Maryland Corporation (the
"Lessee"), with WITNESSETH:
WHEREAS,the Lessor is the owner of an airplane hangar at the Pueblo Memorial Airport,
Pueblo, CO, ("Airport") consisting of a building containing approximately 22,500 square feet located at
31201 Bryan Circle,Pueblo, CO (the "Building") and the adjacent Ramp (the "Land") (collectively the
Land and Building are referred to herein as the "Leased Premises"), as shown on Exhibit A attached
hereto, and
WHEREAS, Lessee is desirous of leasing the Leased Premises upon the terms and conditions
hereinafter set forth;
NOW,THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, Lessor and Lessee hereby agree as follows:
Article 1. Leased Premises.
1.01 Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, subject to the
covenants, provisions and conditions herein, the Leased Premises. Lessor hereby grants Lessee a non-
exclusive easement to access the runways and taxiways from the Ramp and Leased Premises. Lessee is
not hereby granted access to and use of the fuel tanks located at the Airport("Fuel Tanks"), without a
separate agreement for their use.
1.02 This Lease and Lessee's use of the Leased Premises are subject to the easements, right-
of-way, covenants, conditions, restrictions, reservations and limitations appearing of record, and
applicable zoning and land use laws, ordinances, codes, and regulations governing and regulating the
Leased Premises and its use.
1.03 Prior to the Commencement Date, Lessor, at its cost and expense, shall install a concrete
floor in the Building in accordance with the specifications set forth on Exhibit B attached hereto
("Concrete Floor"). Lessor shall scrape and remove any oil spots and/or stains on the floor prior to the
installation of the Concrete Floor.
Article 2. Term.
2.01 The Term of this Lease shall be two (2) years commencing upon completion of the
Concrete Floor installation and delivery of the Leased Premises to Lessee for use for business operations
("Commencement Date") and ending two (2) years after the Commencement Date ("Term"). Promptly
following the Commencement Date, Lessor and Lessee shall execute a commencement date certificate
certifying the Commencement Date and expiration date. If Lessor has not delivered the Leased Premises
to Lessee with the Concrete Floor installation completed within ninety (90)days following full execution
of this Lease, Lessee may cancel the Lease, without penalty, by providing written notice thereof to
Lessor.
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2.02 If not in default beyond any applicable notice and cure period hereunder at the time of
Lessee's notice as described below, Lessee shall have the option to renew this Lease for an additional two
(2)terms of one (1) year each (each a"Renewal Term") upon the same provisions, covenants and
conditions as are set forth herein, except that the monthly Rent payable during each Renewal Term shall
be as set forth in Section 3.01 below, and Lessee shall have no further option to renew this Lease beyond
the expiration of the second Renewal Term. Each option to renew may be exercised by Lessee by
delivering to Lessor written notice of Lessee's exercise of the option at least ninety (90) days prior to the
last day of the then current Term of this Lease, as it may be extended. If Lessee fails for any reason to
give timely notice of its exercise of the option to renew, the option rights granted hereby shall
automatically terminate.
2.03 Landing Fees are$1.00 per 1,000 pounds. Lessee is required to file a landing fee report
to Pueblo Memorial Airport Administration, 31201 Bryan Circle,Pueblo, CO 81001. Lessee shall file
such landing reports within fifteen (15) days following the end of each month. Lessee shall pay any
Landing Fees which may be due along with the next monthly installment of Rent which becomes due
following submission of the applicable landing fee report.
2.04 All employees who access the property within the fence are required by the
Transportation Security Administration to have access badges. The cost is $35.00 per person for a two-
year access badge and can be obtained by contacting Memorial Airport Administration, 31201 Bryan
Circle, Pueblo, CO 81001. Lessee's representatives and guests may enter the hangar from Walt Bassett
Street without a badge as long as they do not venture onto the airport tarmacs, taxiways, etc.
2.05 Lessor shall perform any necessary snow removal for access to the hangar from the
airport landing area and Lessee shall pay for such snow removal services in the amount of$250.00 per
incident payable to Pueblo Memorial Airport Administration, 31201 Bryan Circle, Pueblo, CO 81001,
payable within thirty (30) days following receipt of invoice from Lessor.
2.06 Lessee, at any time during the Term or any Renewal Terms or other extensions, shall
have the right to terminate the Lease by providing 90 days' written notice thereof to Lessor. In the event
Lessee terminates the Lease early pursuant to this Section 2.06, Lessee shall, on or before the early
termination date, pay a termination fee("Termination Fee") to Lessor in the amount of the sum of all
Base Rent that would have become due from the early termination date until the originally scheduled
expiration date of the Lease(or Renewal Term, as applicable). Other than: (i) Lessee's restoration and
surrender obligations under Sections 6.02 and 7.01, (ii) Lessee's indemnification obligations under
Section 10.01 which accrue prior to the early termination date, (iii)Lessee's obligations under Article 23
which accrue prior to the early termination date, (iv) Section 24.13, and(v) any other items which
expressly survive the expiration or termination of the Lease, Lessee shall have no further obligations or
responsibilities under the Lease and accruing after the early termination date, and Lessor releases Lessee
from any and all liability under the Lease accruing after the date of early termination; provided that
Lessee shall remain liable for any defaults or other liabilities accruing prior to the early termination date.
Article 3. Rent.
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3.01 Lessee shall pay to Lessor monthly rent("Base Rent") of$5,000.00 in advance, without
notice or demand, beginning with the Commencement Date and on the 1st day of each month thereafter
during the entire term. Base Rent for the first Renewal Term is $5,500.00 per month with the same terms
and conditions of the initial Lease. Base Rent for the second Renewal Term is $6,000.00 per month with
the same terms and conditions of the initial Lease. Base Rent for any partial months shall be pro-rated
based on the number of days in such month.
3.02 All monthly rent and other payments required to be made by Lessee hereunder which
shall remain unpaid fifteen (15) days after their due dates shall bear interest at the rate of ten percent
(10%) per annum until paid. All rent and other payments shall be made at or mailed by United States
mail to the following address: City of Pueblo, Finance Dept., 1 City Hall Place., Pueblo, CO 81003 or
such other address as Lessor may from time to time designate to Lessee in writing. The existence of
default interest on unpaid rent shall not alter, nor shall it be construed or interpreted to alter, or confer a
grace period after, the due date of the rent as set forth in Section 3.01 above.
3.03 Lessee's obligation to pay rent and other payments to Lessor hereunder is absolute and
unconditional and rent or additional rent shall not be offset, abated, reduced or withheld for any cause
whatsoever, except as specifically set forth in the Lease.
3.04 It is the intent of the parties hereto that this Lease be a "net" lease with Lessor incurring
no obligation, monetary or otherwise, for any expense of any nature associated with the use and operation
of the Leased Premises and any component part thereof by the Lessee. Notwithstanding the foregoing,
Lessor shall be responsible for the costs of installing the Concrete Floor as set forth in Section 1.03
above, as well as the costs of curing any latent defects in the Leased Premises.
Article 4. Use of Leased Premises.
4.01 The Leased Premises shall continue to be used and occupied by Lessee exclusively for
commercial purposes associated with or incident to Lessee's established business activities and for such
other activities of Lessee as are reasonably incident thereto.
4.02 Lessee shall use the Leased Premises in a careful, safe and proper manner in compliance
with all laws and regulations applicable to the Leased Premises and Lessee's use thereof. Lessee shall not
cause, maintain or permit any nuisance or waste in, on, or about the Leased Premises.
4.03 Lessee shall not abandon nor cease to conduct business on the Leased Premises for any
period longer than 180 consecutive days without the payment of Rent.
Article 5. Condition of Premises.
5.01 EXCEPT AS SPECIFICALLY SET FORTH IN THIS LEASE, IT IS UNDERSTOOD
AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY
WARRANTY OR REPRESENTATION OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE LEASED PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OR REPRESENTATION AS TO HABITABILITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE(OTHER THAN THE COVENANT OF QUIET
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POSSESSION SET FORTH IN ARTICLE 16), ZONING, PHYSICAL OR ENVIRONMENTAL
CONDITIONS, UTILITIES, GOVERNMENTAL APPROVALS, COMPLIANCES OF THE LEASED
PREMISES WITH GOVERNMENTAL LAWS,THE TRUTH, ACCURACY OR COMPLETENESS OF
ANY DOCUMENT OR OTHER INFORMATION PROVIDED TO LESSEE BY ANY OTHER
PERSON, OR ANY OTHER MATTER OR THING REGARDING THE LEASED PREMISES.
5.02 The taking of possession of the Leased Premises, including but not limited to all building
component and systems, by Lessee after the Commencement Date shall be conclusive evidence that the
Lessee accepts the Leased Premises in its then present condition "As Is, Where Is, With All Faults",
subject to the discovery of latent defects and to Lessor's installation of the concrete floor pursuant to
Section 1.03 above, and that the Leased Premises are in good and satisfactory condition at the time of the
commencement of this Lease.
Article 6. Alterations and Improvements.
6.01 Lessee shall not make any additions, alterations or improvements in or to the Lease
Premises("Alterations") without Lessor's prior written consent, which consent shall not be unreasonably
withheld,conditioned, or delayed. Lessee shall not permit or allow any lien to be filed or recorded
against the Leased Premises or Lessor's interest therein, and Lessee shall fully cooperate with Lessor in
obtaining the protection afforded Lessor under Section 38-22-105(2), C.R.S., as amended to date. All
Alterations made in or to the Leased Premises by Lessee shall immediately become part of the Leased
Premises and be surrendered with the Leased Premises at the termination of this Lease. Upon the
expiration of the Lease, the Lessee shall not be required to remove any of the initial Fit-out work or any
improvements existing at the time of delivery of the Premises to Lessee, regardless of who performed or
paid for such work. Notwithstanding the foregoing, any generators and/or chill-packs installed by Lessee
shall be considered personal property, and Lessee shall have the option, at Lessee's sole election, to
remove such generator(s)and/or chill-pack(s) or leave said installations on the Premises upon Lease
expiration.
6.02 All equipment, fixtures and improvements of a detachable or temporary nature installed
or placed upon the Leased Premises by Lessee, including trade fixtures, shall remain the property of
Lessee, subject to Lessee's right, at its option, to remove same not later than ten (10) days after
termination of this Lease. Lessee, at its expense, shall promptly repair any damage resulting from such
removal. The failure of lessee to remove its equipment, fixtures and detachable improvements within ten
(10)days after receipt of written notice from Lessor following the expiration or termination of this Lease,
shall at the option of Lessor, be deemed an abandonment of such property and Lessor may dispose of
such property as the Lessor, in its sole discretion, may determine.
Article 7. Repairs and Maintenance.
7.01 Lessor shall not be obligated to repair, replace, maintain or alter the Leased Premises or
any component part thereof, provided that Lessor shall be responsible for repairing any latent defects in
the Leased Premises, including, without limitation, the Concrete Floor. In addition, Lessor shall be
responsible for all maintenance and repair to the taxiways, runways, and Fuel Tanks. Lessee, at its
expense, shall keep and maintain the Leased Premises, including, without limitation, the Building,
structural components including but not limited to foundation, floors, roofs and walls, fixtures, and
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electrical, heating, mechanical, plumbing and air conditioning systems, in good condition and repair and
in a good, clean and safe condition at all times and return the same to Lessor in as good condition and
state of repair as the same were in as of Commencement Date, except for ordinary wear and tear and
damage from casualty. The duty of the Lessee to repair and maintain includes the duty to replace where
repair or maintenance will not restore the component or system to good working condition, provided that
Lessee shall not be responsible for any repairs or replacements which would be considered capital repairs
or replacements according to generally accepted accounting practices.
7.02 If Lessee becomes obligated to make repairs which are or may be covered by any
manufacturer's or General Contractor's warranty issued to or for the benefit of Lessor, Lessor will assign
and transfer to Lessee its interest in any such warranty for the purpose of making such repairs and/or
replacement. If any such warranty may not be legally assigned, Lessor, at the request and expense of
Lessee, will in good faith enforce such warranty on behalf of Lessee.
7.03 If Lessee becomes obligated to make repairs caused by an occurrence covered by the
insurance described in Article 11.01,the net proceeds of such insurance shall be made available to Lessee
to offset the cost of such repairs.
Article 8. Right of Entry.
Subject to Lessee's security requirements, including, without limitation,providing no less than 48
hours' notice and Lessee's right to require escorts for any persons entering the Leased Premises, Lessor,
or Lessor's officers, employees, agents and representatives, as the case may be, may enter the Leased
Premises during normal business hours upon no less than 48 hours' written or verbal notice to Lessee,
except notice shall not be required in case of emergency, such as fire. Lessor acknowledges and agrees
that no non-U.S. citizen shall at any time gain access to the Premises without the express prior permission
of Lessee. Lessor further agrees that it will make all of its contractors aware of this prohibition and ensure
that all contractors, including, without limitation,janitorial contractors, shall only use U.S. citizens in the
Premises.
Article 9. Assignment or Sublease.
Lessee shall not voluntarily or by operation of law assign all or any part of the Lease or Lessee's
interest herein without the express written consent of Lessor, which consent will not be unreasonably
withheld,conditioned, or delayed. Lessor may withhold its consent if the proposed assignee's financial
standing and responsibility at the time of the proposed assignment is not sufficient in the Lessor's sole
discretion to give assurance of performance and compliance with all terms and conditions of this Lease.
Upon such an assignment and consent,Lessee shall be released from all obligations arising or occurring
under this Lease after the effective date of such assignment and consent, provided that such assignee shall
execute, acknowledge and deliver to Lessor and assumption agreement in form and substances
satisfactory to Lessor, whereby assignee agrees to observe and keep all the terms, provisions,covenants
and conditions to be observed, performed and kept by Lessee hereunder. Any assignment or attempted
assignment of the Lease or any interest herein by Lessee without Lessor's express written consent shall be
null and void. In the event that Lessee makes a request in writing to Lessor for consent to any such
sublease or assignment and Lessor does not respond to Lessee in writing within thirty (30) days of
Lessee's request, Lessor shall be deemed to have consented to Lessee's request for such sublease or
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assignment. Lessee hereby represents and warrants that hereby entering into this Lease, it is acting on its
own behalf and not as an agent for any other person or entity, including any undisclosed principal. For
purposes of this Article, sublease or an attempt to sublease by Lessee shall be considered an
"assignment". Notwithstanding the foregoing, Lessee shall not be required to obtain consent for an
assignment or sublease (i) to a subsidiary, affiliate, successor in interest to Lessee by merger, operation of
law, or acquisition; or(ii) to the business unit of Lessee then in occupancy of the Leased Premises; or(iii)
to any third party business that is contractually obligated to perform contract-related work with Lessee
("Related Parties"), provided there is no material change in use of the Leased Premises. In addition,
Lessee may share occupancy of the Leased Premises with Lessee's contractors, customers, partners, or
business teammates, which for purposes hereof shall not be considered an assignment or subletting
Article 10. Insurance and Indemnification.
10.01 Lessee shall indemnify and hold Lessor harmless from and defend Lessor against any and
all claims or liability, including cost of defense and reasonable attorney fees, for any injury or damage to
Lessee or its officers, agents or employees, or to Lessee's property, or to any third person, or to property
of any third person: (a) occurring in, on or about the Leased Premises or any part thereof by or from any
cause whatsoever except injury or damage caused by the negligence or willful misconduct of Lessor, its
officers or employees; or(b) arising out of or resulting from the Leased Premises, or any condition
thereon, or from Lessee's use and occupancy of the Leased Premises, or any equipment therein or
appurtenances thereto, or any activity conducted thereon, except injury or damage caused by the
negligence or willful misconduct of Lessor, its officers or employees. Notwithstanding the foregoing, this
Section 10.01 shall not apply to any environmental issues or indemnifications, which items are addressed
in Article 23.
10.02 Lessee shall secure and maintain in full force and effect, at its expense, during the Term
and any Renewal Term, if applicable, of this Lease, commercial general liability insurance including
personal injury, property damage and contractual coverage in the minimum amount of$2,000,000.00
combined single limits listing Lessor as an additional named insured.
10.03 Lessee shall secure and maintain during the Term of this Lease Colorado Worker's
Compensation insurance or other similar coverage in the statutorily mandated amounts.
10.04 A certificate of insurance thereof, issued by an association or company authorized to
issue such policy or policies under the law of the State of Colorado containing a provision prohibiting
cancellation or material modification of the insurance except after thirty (30) days' notice to Lessor, shall
be delivered to the Lessor within thirty (30)days after date of this Lease and thereafter the Lessee will
furnish to Lessor evidence of the continuance of the insurance coverage required herein within a
reasonable time after the same has been issued.
10.05 Lessor shall indemnify Lessee and save it harmless from and against any and all claims,
damages, fines,judgments, penalties, costs, expenses, liability and expenses arising out of or in
connection with (i) matters arising in Pueblo Memorial Airport outside of the Leased Premises, unless
such claim or loss arises from Lessee's, or its agents,contractors or employees' negligence or willful
misconduct,or(ii) occasioned wholly or in part by any negligent act or omission or willful misconduct of
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Lessor, its contractors, agents or employees. Notwithstanding the foregoing, this Section 10.05 shall not
apply to any environmental issues or indemnifications, which items are addressed in Article 23.
11.06 In no event shall Lessor or Lessee be liable to the other for any special, punitive or
consequential damages arising from matters related to this Lease.
Article 11. Fire and Extended Coverage Insurance.
11.01 Lessee shall, at its expense, during the Term and any Renewal Term of this Lease, secure
and maintain in full force and effect"All—Risk" property insurance(including, without limitations, fire,
extended coverage and all risk perils including mechanical breakdown)upon the Leased Premises. Such
insurance shall be in an amount not less than the full replacement value of the Building and improvements
(without deduction for physical depreciation), and issued by an insurance company or association
authorized to issue such policies under the laws of the State of Colorado, and shall not be subject to
cancellation, reduction or modification upon less than thirty (30) days' written notice to Lessor. Such
insurance, by its terms or by endorsement, shall waive any right of subrogation of the insurer against
Lessor and the City of Pueblo, and their respective officers, agents and employees, for any loss or damage
resulting from covered perils. Lessee will furnish to Lessor a Certificate of Insurance evidencing such
required insurance and its continuance during the Term and any Renewal Term of this Lease.
11.02 Lessee shall, at its expense, secure and maintain fire and extended coverage insurance on
all fixtures, equipment and improvements installed by Lessee on the Leased Premises. Such insurance, by
its terms or by endorsement, shall waive any right of subrogation of the insurer against Lessor and the
City of Pueblo,and their respective officers, agents and employees, for any loss or damage resulting from
covered perils.
11.03 A certificate of insurance thereof, issued by an association or company authorized to
issue such policy or policies under the law of the State of Colorado containing a provision prohibiting
cancellation or material modification of the insurance except after thirty (30) days' notice to Lessor, shall
be delivered to the Lessor within thirty (30) days after date of this Lease and thereafter the Lessee will
furnish to Lessor evidence of the continuance of the insurance coverage required herein within a
reasonable time after the same has been issued.
Article 12. Taxes and Assessments.
12.01 Lessee shall pay to Lessor the Possessory Interest Tax (for buildings on tax exempt
property and payable to the County of Pueblo). The Possessory Interest Tax is currently approximately
$6,000.00 per year, provided that the exact amount changes annually based on the mil levy. Said
payments of Possessory Interest Tax shall be prorated for periods falling within the Term and Renewal
Term of this Lease. All amounts due from Lessee as specified in this Section shall be deemed, for all
purposes, additional rent.
12.02 Lessee shall pay, before delinquency, any and all property taxes levied or charged against
any of the personal property belonging to it and situated on the Leased Premises or used in connection
with the operation and maintenance of the Building on the Leased Premises.
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12.03 Lessee shall have the right to contest or review, by legal proceedings at its own expense,and
if necessary in the name of the Lessor,or in such other manner as it may deem suitable,any tax,assessment,
levy or charge herein agreed to be paid by Lessee under this Article 12. Lessee may defer payment of any
such contested item if in connection with the proceeding instituted by Lessee there shall have been obtained
a stay of the collection of the item so contested. In the event of such contest, Lessee shall give Lessor
written notice prior to the commencement of any such contest which shall be at least ten (10)days prior to
the delinquency of the item in contest and, on request of the Lessor,Lessee shall give to Lessor a good and
sufficient surety bond indemnifying Lessor and the Leased Premises against any such tax,assessment, levy
or other charge and from any cost, liability or damage arising out of such contest. In the event any notices
of proposed increases in taxes, assessments, levies or charges which are the obligation of the Lessee are
received by Lessor, it shall promptly, but in no event later than 45 days after receipt thereof, forward the
same to Lessee in order that Lessee may proceed with payment or contest procedures within the periods
provided for such purposes.
12.04 Upon request by Lessor,Lessee shall furnish Lessor within thirty(30)days after any amount
is payable by Lessee under this Article 12,official receipts of the appropriate taxing authority or lien holder
or other proof satisfactory to Lessor evidencing such payments as are required under this Article 12.
Article 13. Utilities.
Lessee shall pay, before delinquent, City of Pueblo's combined service fee (which is currently
$42.50 per acre per month) and all charges for sewer, water, gas, electricity, telephone and all other utility
services furnished to or used in or supplied to the Leased Premises. For purposes of this Article 13, the
Leased Premises shall be deemed to consist of one (1.00) acre. Lessor shall not be obligated to furnish,
provide, or pay for any utilities, facilities or services of any kind. Lessor shall provide Lessee with
reasonable prior notice of any planned delay, interruption, suspension, curtailment or stoppage of any
utility, service, system, or access to the Leased Premises or Building. In the event there is an interruption
of building services that renders the Leased Premises unable to be used for ordinary business operations
and lasts for three (3) consecutive business days or more, then Lessee's obligation to pay Base Rent and
additional rent shall abate with respect to the affected portion of the Leased Premises, or to a greater extent
if in the reasonable judgment of Lessee such affected portion of the Leased Premises results in a material
impact to Lessee's ability to conduct business within a substantially larger area within the Leased Premises,
from the inception of such interruption until the Leased Premises is again tenantable.
Article 14. Damage to or Destruction of Premises.
14.01 If, during the Term or Renewal Term of this Lease, the Leased Premises shall be damaged
to such an extent that the repair of such damage and the restoration of the Leased Premises can be
accomplished, with reasonable diligence,within one hundred twenty (120) days after such damage,Lessee
shall promptly repair such damage and cause the Leased Premises to be restored to their condition prior to
the event causing the damage. If, during the Term or Renewal Term of this Lease, the Leased Premises
shall be destroyed or damaged, or partially destroyed or damaged, to such an extent that the repair of such
destruction or damage and the restoration of the Leased Premises cannot be accomplished, with reasonable
diligence, within one hundred twenty (120) days after destruction or damage, then Lessee shall promptly
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notify Lessor in writing of such fact within forty-five(45)days after the date of such destruction or damage,
and Lessee shall thereafter have the right,during a period of thirty(30) days following such notification,to
terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided,
however, that, as a condition precedent to such termination, all proceeds of insurance required to be
maintained by Lessee under Article 12.01, an amount equal to the insurance proceeds which would have
been available but for such failure shall be paid by Lessee to Lessor. Unless such notice of immediate
termination shall be given within such 30-day period, this Lease shall continue in full force and effect and
Lessee shall promptly repair such destruction or damage and cause the Leased Premises to be restored to
its condition prior to the event causing the destruction or damage. In the event the Leased Premises are
destroyed or damaged, or partially destroyed or damaged, the monthly rent payable by Lessee shall be
abated proportionately according to the floor area of the Leased Premises which is useable by Lessee,
provided that if there is damage to the Leased Premises which results in Tenant being unable to use the
Leased Premises for ordinary business operations,even if such damage is not to the entire Leased Premises,
monthly Rent shall be completely abated. Such abatement shall continue for the period commencing with
such damage or destruction and ending when Lessee completes repair work or reconstruction, provided
Lessee diligently commences and expeditiously completes the repair work or reconstruction. In the event
the taxiway(s)and/or runway(s) are damaged or destroyed or rendered inaccessible to the extent that Lessee
is not able to perform ordinary business operations at the Leased Premises, the monthly rent payable by
Lessee shall be abated for the period commencing with such damage or destruction and ending when the
taxiway(s) and/or runway(s) are repaired and accessible to Lessee such that Lessee can resume ordinary
business operations.
14.02 Lessee shall make the repairs, restoration or rebuilding as expeditiously as reasonably
possible in accordance with plans and specification submitted to and approved in writing (such approval
not to be unreasonably withheld, conditioned, or delayed) by Lessor and in compliance with all applicable
laws,regulations and codes.
Article 15. Eminent Domain.
If the whole or substantial part of the Leased Premises shall be taken or condemned by any
competent authority for any public or quasi-public use or purpose under any statute or by the right of
eminent domain,or purchased under threat of such taking, then this Lease shall terminate on the date when
the condemning authority takes possession of the Leased Premises or the substantial part thereof so taken.
There shall be no apportionment of the award for taking or condemnation, the entire award going to the
Lessor, provided Lessee shall have the right to recover any award which may be made for damages to or
condemnation of Lessee's movable trade fixtures, equipment, furniture and furnishings or payments for
relocation, if any. In the event the taxiway(s) and/or runway(s) are taken or condemned or rendered
inaccessible by other takings or condemnations to the extent that Lessee is not able to perform ordinary
business operations at the Leased Premises, the monthly rent payable by Lessee shall be abated for the
period commencing with such taking or condemnation and ending when the taxiway(s) and/or runway(s)
are usable and accessible to Lessee such that Lessee can resume ordinary business operations
Article 16. Quiet Possession.
9
Lessee shall, and may peacefully have, hold and enjoy the Leased Premises, subject to the other
terms hereof,provided that Lessee is not in default beyond any applicable notice and cure period under the
Lease.
Article 17. Default.
17.01 In the event of default at any time by Lessee in the payment of the monthly rent or additional
rent herein provided for or in the performance of any other of its covenants herein contained, Lessor shall
have the right, after (i) in the event of a monetary default, ten (10) days' notice in writing to Lessee and
Lessee's failure within said ten (10) day period to cure said default, or(ii) in the event of a non-monetary
default, thirty (30) days' notice in writing to Lessee and Lessee's failure within said thirty (30) day period
to cure such default, provided that, if the nature of the default is such that it cannot reasonably be cured
within thirty (30) days, it shall not be an event of default so long as Lessee commences to cure within the
thirty (30) day period and diligently pursues such cure to completion, to undertake and diligently pursue
action to cure said default, to either:
(a) terminate this Lease and re-enter and take possession of the Leased Premises, and/or
(b) pursue any remedy whatsoever provided by law, and/or
(c) re-enter and take possession of the Leased Premises and use its best efforts to re-let the
same for the then full remaining portion of the unexpired Term or Renewal Term of this Lease or for any
longer or shorter period, and to collect and receive payment of rent therefore, but no such re-entry or re-
letting shall be construed as a termination of this Lease or as a release of Lessee from Lessee's obligation
to perform any other covenant herein contained. It expressly being understood and agreed that in the event
of any such re-entry or re-retting buy Lessor such re-entry shall not operate to terminate this Lease or alter
the obligation of Lessee to perform its covenants and to pay monthly rent or additional rent pursuant to the
terms hereof unless Lessor expressly so elects pursuant to paragraph 17.01(a) above. Lessor shall in no
way be responsible or liable for any failure to re-let the Leases Premises, or any part thereof, or for any
failure to collect any rent due upon such re-letting. No notice from Lessor hereunder or under a forcible
entry and detainer statute or similar law constitutes an election by Lessor to terminate this Lease unless
such notice specifically so states. Lessor reserves the right following any such re-entry and/or re-letting to
exercise its right to terminate this Lease; and/or
(d) cure the default on Lessee's behalf and at Lessee's expense, in which event, all costs,
expenses and reasonable attorney's fees actually incurred by Lessor in curing the default together with
interest thereon at the rate of ten (10) percent per annum shall constitute additional rent payable to Lessor
by Lessee within thirty (30)days of written demand.
17.02 If Lessor does not elect to terminate this Lease but takes possession as provided for in Article
17.01(c), Lessee shall pay to Lessor the monthly rent and other charges at the times and in the manner as
herein provided which would be payable if such repossession had not occurred, less the net proceeds, if
any, of any re-letting of the Leased Premises after deducting all Lessor's reasonable expenses including,
without limitation, all repossessions costs, brokerage commissions, legal expenses, attorneys' fees, repair
costs, and expenses of preparation of such re-letting.
17.03 In the event the parties hereto become involved in a dispute arising out of this Lease, or the
performance or breach thereof, the Court shall award costs, expenses, and reasonable attorney fees to the
prevailing party.
10
17.04 Intentionally Deleted.
17.05 Lessor shall be in default of this Lease if any of the following events occur: (i)the failure
of Lessor to make payment of any sums required to be paid by Lessor under this Lease when and as the
same shall become due and payable; (ii) the failure of Lessor to comply with any of the covenants,
agreements, terms or conditions contained in this Lease other than those referred to in the foregoing (i)
provided such default continues for a period of thirty (30) calendar days after written notice thereof from
Lessee is received by Lessor, and provided further that Lessor time to cure such default shall be extended
for such additional time as shall be reasonably required for the purpose if Lessor shall proceed with due
diligence during such thirty(30)day period to cure such default and is unable by reason of the nature of the
work involved to cure the same within the said thirty (30) days and/or (iii) the breach or untruthfulness of
any representation or warranty by Lessor herein. All rental due hereunder shall abate during any default
which continues beyond the applicable notice and cure period. Lessee shall have the right to avail itself of
all rights and remedies at law or in equity, including, but not limited to, injunctive relief or specific
performance,termination of this Lease, and an action for damages.
Article 18. Waiver and Time of Essence.
No waiver of any breach or breaches of any provision,covenant or condition of this Lease shall be
construed to be a waiver of any preceding or succeeding breach of such provision, covenant or condition,
or of any other provision, covenant or condition. Acceptance of monthly rent or partial monthly rent by
Lessor shall not constitute a waiver of any then existing or subsequent breach or default. Time is of the
essence for each and every provision, covenant and condition herein contained and on the part of Lessor
and Lessee to be done and performed.
Article 19. Assignment by Lessor.
Lessor shall have the right to transfer and assign, in whole or in part, all its right and obligations
hereunder and in the Leased Premises, and in such event and upon Lessor's transferee assuming Lessor's
obligations hereunder no further liability or obligation shall thereafter accrue against Lessor hereunder after
the date of such transfer or assignment. Lessor shall give Lessee written notice of its intent to make an
assignment or transfer of this Lease and a copy of the Express (written) assumption agreement between
Lessor and assignee or transferor.
Article 20. Subordination to Mortgage.
Upon receipt of a fully executed subordination, non-disturbance, and attornment agreement
("SNDA") on a commercially reasonable form, Lessee agrees that this Lease shall be subordinate to any
mortgage or deeds of trust of Lessor which may hereafter encumber the Leased Premises and to all renewals,
modification, consolidations, replacements and extensions thereof. This clause shall be for the benefit of
any mortgagee and/or Grantee or Beneficiary of a Deed of Trust. In order to affect such subordination,
however, Lessee shall, at Lessor's request, enter into good faith negotiations to execute promptly any
commercially reasonable SNDA that Lessor may request. Notwithstanding the fact that this Lease may be
subordinate as provided above, Lessee will as a result of the enforcement of the default or foreclosure
11
provisions of such mortgage or deed of trust, including conveyance by deed in lieu of foreclosure,pursuant
to the terms of an SNDA as described above, become the Lessee of the person or party succeeding to the
interest of Lessor without change in the terms or other provisions of this lease and Lessee agrees to attorn
to such party subject to the terms of the SNDA; provided, however, that such mortgagee or successor in
interest shall not (i) be bound by any amendment or modification to the Lease made without the written
consent of such mortgagee or such successor in interest, such consent not to be unreasonably withheld,
conditioned,or delayed,provided that if such mortgagee or successor in interest fails to respond to a written
request for consent within ten (10) days, such consent shall be deemed granted; (ii) be liable for any
previous act or omission by Lessor under this Lease, other than continuing conditions of physical default
which are the responsibility of the landlord under the Lease; or (iii) be subject to any offset which shall
theretofore have accrued to Lessee against Lessor. Lessee further agrees, upon demand, to enter into good
faith negotiations to execute such commercially reasonable non-disturbance and attornment agreements as
any such mortgagee or successor shall request.
Article 21. Estoppel Certificate.
At Lessor's request, Lessee will execute either an estoppel certificate addressed to Lessor's
mortgagee or any prospective successor of Lessor, or a third-party agreement among Lessor, Lessee and
said mortgagee or successor,certifying to such facts(if true) regarding the status and terms of this Lease as
may be requested.
Article 22. Notices.
All notices,demands or communications of any kind which may be required or desired to be served,
given or made by Lessee upon or to Lessor, under the terms of or in connection with this Lease, shall be
sufficiently served, given, or made if such notice, demand or communication is sent by registered or
certified United States mail, postage prepaid, return receipt requested, or sent by nationally recognized
overnight courier, addressed to:
City of Pueblo
ATTN: John Vigil
I City Hall Place
Pueblo, Colorado 81003
(or to such other person or address as may be hereafter from time to time be designated for this purpose by
Lessor to Lessee in writing). All notices, demands or communications of any kind which may be required
or desired to be served, given or made by Lessor upon or to Lessee, under the terms of or in connection
with this Lease, shall sufficiently served, given, or made if such notice, demand or communication is sent
by registered or certified United States Mail,postage prepaid,return receipt requested,or sent by nationally
recognized overnight courier, addressed to:
Lockheed Martin Corporation
1111 Lockheed Martin Way
Mail Stop BB-15S/157-3J6
Sunnyvale, CA 94088
Attn: Facilities Manager
12
With a copy of all invoices and legal notices to:
LMC Properties, Inc.
100 South Charles Street
Suite 1400
Baltimore, MD 21201
Attn: Lease Administration
(or to such other person or address as may hereafter from time to time be designated for this purpose by
Lessee to Lessor in writing).
All notices shall be effective upon receipt or refusal thereof.
Article 23. Environmental Provisions.
23.01 For the purpose of this Lease, "Hazardous Materials" means any hazardous or toxic
substance, material or waste which is or become regulated by any local government authority, the State of
Colorado or the United States government and shall include, but not be limited to(1) substances defined as
"hazardous waste","restricted hazardous waste","hazardous substance"or"hazardous material"under any
applicable federal, state or local law or regulation ("Environmental Regulations"), (2) asbestos-containing
materials, (3) PCBs. (4) petroleum or petroleum based products, and (5) lead. Notwithstanding the
foregoing, reasonably quantities of common office and/or cleaning materials shall not be considered
Hazardous Materials for purposes of this Lease, provided that Lessee handles any such materials in
accordance with all Environmental Regulations.
23.02 Lessee will comply with Environmental Regulations that are applicable to the Lessee and
its use of the Leased Premises. No activity shall be undertaken by the Lessee, its employees, agents,
licensees, invitees,contractors or subcontractors,on all or any portion of the Leased Premises which would
cause: (i) the presence, use, generation, release, discharge, storage or disposal of any Hazardous Material
in, on, under, about, or from the Leased Premises or any part thereof in violation of any Environmental
Regulations; (ii) any portion of the Leased Premises to become a hazardous waste treatment, storage or
disposal facility without receiving proper governmental authorization, and in compliance with all
Environmental Regulations; or(iii)the discharge of pollutants or effluents into any water source or system,
or the discharge into the air of any emissions without receiving proper governmental authorization, and in
compliance with all Environmental Regulations, including, without limitation,the Federal Water Pollution
Control Act, U.S.C. Section 1221 et seq. and the Clean Air Act,42 U.S.C. Section7401 et seq.
23.03 Lessee agrees to defend, indemnify and forever hold harmless the Leased Premises,City
of Pueblo and Lessor, and their respective agents, successors, and assigns, as their interest may appear,
from all claims, losses, damages, penalties , expenses and costs, including, but not limited to, reasonable
attorneys' fees, remedial, and cleanup costs, incurred by reason of the use, storage, generation, release,
discharge, maintenance, disposal, or removal of Hazardous Materials in, on, under, about or from the
Leased Premises, or any part thereof, by Lessee, its employees, agents, licensees, authorized guests,
contractors and subcontractors.
13
23.04 The provisions of this Article 23 shall expressly survive the expiration of the Term or
other termination of this Lease.
Article 24. Miscellaneous Provisions.
24.01 Colorado Law. This Lease shall be governed by the laws of the State of Colorado and
shall be construed in accordance therewith without reference to such State's choice of law and/or conflict
of law principles.
24.02 Writing for Waiver or Modification. No provision of this Lease may be waived or
modified except by an agreement in writing signed by the parties hereto. A waiver of any term or
provision shall not be construed as a waiver of any other term or provision.
24.03 Binding Effect. This Lease sets forth the entire and complete understanding and
agreement of the parties hereto. Lessee acknowledges and agrees that it has not relied upon any
statements, representations, agreements or warranties of Lessor except such as are expressed herein. This
Lease shall be binding on the parties,their successors and approved assigns.
24.04 Construction. Throughout this Lease,the singular shall include the plural; the plural shall
include the singular; and the masculine and neuter shall include the feminine, wherever the context so
requires.
24.05 Text to Control. The headings of sections are included solely for convenience of
reference. If any conflict between any heading and the text of this Lease exists, the text shall control.
24.06 Severability. If any provision of this Lease is declared by any court of competent
jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions. On the
contrary, such remaining provisions shall be fully severable, and this Lease shall be construed and
enforced as if such invalid provisions had never been inserted in the Lease.
24.07 Venue and Jury Trial. Lessor and Lessee agree that the venue for all actions or causes of
action relating to this Lease or the Leased Premises shall be Pueblo County, Colorado. All such actions
shall be filed in the District Court, County of Pueblo, State of Colorado, and Lessor and Lessee submit to
the jurisdiction of that Court. To the extent allowed by law, each party waives its right to a jury trial.
24.08 Warranties. Lessee represents and warrants that the persons signing this Lease on
behalf of Lessee and Lessee have the requisite power and authority to enter into, execute and deliver the
Lease and that this Lease is a valid and legally binding obligation of Lessee enforceable against Lessee in
accordance with its terms. Lessor represents and warrants that the persons signing this Lease on behalf of
Lessor and Lessor have the requisite power and authority to enter into, execute and deliver the Lease and
that this Lease is a valid and legally binding obligation of Lessor enforceable against Lessor in
accordance with its terms.
24.09 Time of Essence. Time shall be of the essence as to the performance of all terms,
conditions and obligations under this Lease.
14
24.10 Third Parties. The provisions of this Lease are and will be for the benefit of Lessor and
Lessee only and not for the benefit of any third party, and accordingly, no third party shall have any right
or remedy hereunder or the right to enforce any provision of this Lease. The term "third party" as used
herein shall not include an assignee of the Lessor pursuant to Article 19 hereof, a person or entity that has
succeeded to the interest of Lessor as set forth in Article 20 hereof, nor an assignee of Lessee, approved
and consented to by Lessor in accordance with Article 9 hereof.
24.11 Brokerage Commission. Lessor and Lessee each represent to the other that they have not
entered into any agreement or incurred any obligation in connection with the Lease transaction which
might result in the obligation to pay a brokerage commission to any brother. Each party shall indemnify
and hold the other party harmless from and against any claim or demand by any broker or other person for
bringing about this Lease who claim to have dealt with such indemnifying party, including all expenses
incurred in defending any such claim or demand (including reasonable attorney's fees).
24.12 Intentionally Deleted.
24.13 Hold Over. If Lessee shall hold over after the expiration of the term or any renewal term
of this Lease, without a signed renewal or new Lease,then Lessee shall be deemed a Lessee from month
to month on all of the terms and conditions set forth in this Lease, except that the monthly Base Rent due
under Article 3 hereof shall increase to one hundred fifty percent(150%) of the Base Rent payable during
the month immediately preceding such holdover period, due and payable in accordance with the
provisions of Article 3. Nothing in this Section shall be construed as permission of the Lessor to hold
over beyond the expiration of the Term or any Renewal Term of this Lease.
Article 25. F.A.A. Lease Requirements:
25.01 Lessor reserves the right, without any obligation on its part to do so, to develop, modify,
change, improve or abandon the Airport or any part thereof, as it may determine in its sole discretion, at
any time, regardless of the desires or views of Lessee, and without interference or hindrance from Lessee
or liability to Lessee. Lessor shall use commercially reasonable efforts to avoid materially adversely
affecting Lessee's ability to access the Leased Premises and the taxiways and runways to which Lessee
requires access in order to perform ordinary business operations at the Leased Premises. In the event the
taxiway(s)and/or runway(s)are rendered inaccessible as a result of any development,modification,change,
or improvement by Lessor as described above to the extent that Lessee is not able to perform ordinary
business operations at the Leased Premises, the monthly rent payable by Lessee shall be abated for the
period commencing with the beginning of such inaccessibility and ending when the taxiway(s) and/or
runway(s) are usable and accessible to Lessee such that Lessee can resume ordinary business operations.
In the event the taxiway(s)and/or runway(s)are rendered inaccessible for a period of greater than sixty(60)
days,Lessee shall have the right to terminate this Lease without penalty by providing written notice thereof
to Lessor.
25.02 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.
15
25.03 This Lease shall be subordinate to the provisions and requirements of any existing or future
agreement between Lessor and the United States, relative to the use, development, operation, or
maintenance of the Airport.
25.04 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. Notwithstanding the foregoing, Lessor shall be responsible for any
notifications and review requirements under Part 77 of the Federal Aviation Regulations as they may relate
to or arise from the installation of the Concrete Floor.
25.05 It is understood and agreed that nothing contained in this Lease shall be construed to grant
or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation
Act.
25.06 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 and Ramp, 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 Airport.
25.07 Lessee by accepting this Lease 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 thirty-five (35) feet above ground level. In the event
the aforesaid covenant is breached, Lessor reserves the right to enter upon the Leased Premises and to
remove the offending structure or object or cut the offending tree, all of which shall be at the expense of
the Lessee. Lessor represents and warrants that the height of the Building does not exceed thirty-five (35)
feet above ground level as of the date of the Lease.
25.08 Lessee shall not make use of the Leased Premises, Ramp or Fuel Tanks in any manner
which might interfere with the landing or taking off of aircraft at the Airport, or otherwise constitute a
hazard to aviation. In the event the aforesaid covenant is breached, Lessor reserves the right to enter upon
the Leased Premises, Ramp and Fuel Tanks and cause the abatement of such interference at the expense
of the Lessee.
25.09 If during the term of this Lease, all or part of the Leased Premises, Ramp or Fuel Tanks
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.
25.10 Lessor reserves the right to grant and to take easements or rights of way in, under, over or
across the Leased Premises and Ramp, in which event, Lessee shall only be entitled to compensation for
damages to improvements of the Lessee destroyed or damaged thereby, but not to damages for loss of use
of the Leased Premises or Ramp. In the event Lessee is not able to use the Leased Premises for ordinary
business operations for more than three (3) days as a result of any easement(s) or right(s) of way granted
16
by Lessor as described above, then, to the extent that Lessee is not able to perform ordinary business
operations at the Leased Premises, the monthly rent payable by Lessee shall be abated for the period
commencing with the beginning of such inability to operate and ending when Lessee can resume ordinary
business operations. In the event Lessee is rendered unable to perform ordinary business operations for a
period of greater than sixty (60) days, Lessee shall have the right to terminate this Lease without penalty
by providing written notice thereof to Lessor.
25.11 Lessee agrees to annually complete and submit a Department of Transportation - Federal
Aviation Administration Airport Activity Survey (FAA Form 1800-31) that documents Lessee's air taxi-
commercial passenger enplanements for each calendar year.
25.12 Lessee agrees to annually report on certificated air carrier aircraft that it services. The
report shall detail the aircraft registration number,manufacturer, make and model,and aircraft owner. This
information will be used by the Airport to determine the Airport's eligibility for federal airport improvement
program grants and will be shared with the Federal Aviation Administration.
[Signature Page Follows]
17
IN WITNESS WHEREOF, Lessor and Lessee, by their duly authorized representatives, have
executed this Lease on the day and year first above written.
CITY OF PUEBLO LOCKHEED MARTIN CORPORATION
By: LMC Properties, Inc., Attorney in Fact
under Irrevocable Power of Attorney effective
April4201�6�
By ANIMill.litk /
By L ��'�y'
Name: eve Nawrocki Name: Che,-.4r a4 e
Title: President-City Council Title: itla-t te-4-41
i
/ y
Attest: _ ��*-� Witness:
Name: Gin utcher, City Clerk Name: Zi re,, DA 07
18
EXHIBIT A
Description of the Leased Premises
(to be attached)
19
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EXHIBIT B
Concrete Floor Specifications
(to be attached)
20
: '"— FREMONT PAVING and REDI-MIX, INC.
839 MacKenzie Avenue Telephone:
P. O. Box 841 (Bus.) 719 - 275-3264
Canon City, Colorado 81215 (Fax) 719 - 275-8897
Mix Identification No.: 4712
Design Strength: 4000
Cementitious Content: 6,0
Typical Usage: General Interior
Mix Proportions:
ASTM Design Weights
Materials: Type or Size Standard per Cubic Yard
Cement 1-2 C-150 451 lb.
Fly Ash Class C C-618 113 lb.
Coarse Aggregate 67 C-33 1700 lb.
Int.Aggregate #8 C-33 lb.
Fine Aggregate Sand C-33 1420 lb.
AEA C-260 oz.
WRA A C-494 oz.
MRWR A C-494 45.1 oz.
HRWR F C-494 oz.
Water City C-94 255 lb.
Special Material Fibermesh lb.
The above weights are based upon aggregates in a saturated,surface dry(SSD)condition.Batch plant corrections must be
made for moisture in aggregates.Mix proportions may be adjusted in accordance with ACI 301-99,section 4.2.3.6
Water Requirements: Total Cementitious Materials
W/C Ratio(gal./sack) 5.10
W/C Ratio(By Weight) 0.45
Water Content(gal./cu.yd) 30.6
Physical Properties of Mixture:
Slump 3 to 5 in.
Air Content 1 tot 3 %
Unit Weight 145.2 pcf
Yield 27.13 cu.ft.
Compressive Strength (psi):
7 Day 28 Day
3975 5270
`FJohn oung
remoN Paving & Redi-Mix
1.111111111111111111111`—
Office( • •)275-3264
Fax (719) 275-8897
Mobile(719)429-1442
johnyounq(a.arycorp.com
ASPHALT • CONCRETE • SAND & GRAVEL
Equal Opportunity Employer
CEMENT
P.O. Box 529
Air
MILL
Lyons, CO 80540
,.
CC-mC-}� Plant (303) 823 2100 TEST
Sales (303) 475-3988 REPORT
Cement Identified as:
Plant: CEMEX Lyons Cement TYPE II CEMENT Date: 6/12/2017
Location: Lyons,CO
Production Dates:
Beginning: May 1, 2017
Ending: May 31, 2017
ASTM C150 1
STANDARD CHEMICAL REQUIREMENTS TEST AASHTO M85 TYPE TYPE ASTM C1157 TYPE
(ASTM C114) RESULTS SPEC. I II SPEC. GU
Silicon Dioxide(Si02),% 20.1 ---- ---- ----
Aluminum Oxide(A1203).% 4.6 Maximum ---- 6 0 ----
Ferric Oxide(Fe203).% 3.4 Maximum ---- 6 0 ----
Calcium Oxide(CaO),% 63.1 ---- ---- ----
Magnesium Oxide(Mg0),% 1.1 Maximum 6.0 6.0 ----
Sulfur Trioxide(SO3),%" 3.4 Maximum 3 0" 3.0" ----
Loss on Ignition(LOI),% 2.2 Maximum 3.5 3.5 ----
Insoluble Residue.°/n 0.27 Maximum 1.5 1.5 ----
A kalies(Na2O equivalent).% 0.85 ---- ---- ----
Tncalcium Silicate(C,S).% ' 53 ---- ---
Dicalcium Silicate(C5) °ro ' 16 ---- ---- ----
Tncalcium Alurninate(C,A) %' 6 Maximum ---- 8 ----
Tetracalcium Aluminoferrite(C4AF),%' 10 --- ---- ----
(03S*4.75C5A) 83 - - ---- ----
(C4AF+ 2C3A)or (C4AF *C;F).% 23 -- ---- ----
CO,,% 1.4 ---- ---- ----
Limestone.% 4.3 Maximum 5.0 5.0 ----
CaCO3 in Limestone.% 73 Minimum 70 70 ----
(ASTM C1702)Heat of Hydration @ 3 day(cal/g)' 79 --- ---- ----
PHYSICAL REQUIREMENTS
(ASTM C 204) Blaine Fineness,cm'/gm 3850 Minimum 2600 2600 ----
(ASTM C 430) -325 Mesh.51, 98.1 ---- ---- ----
(ASTM C 191) Time of Setting(Vicat)
Initial Set,minutes 110 Min •Max 45-375 45-375 Mm -Max 45-420
Final Set.minutes 199 ---- ---- ----
(ASTM C 451) False Set °5 78 minimum 50 50 Minimum 50
(ASTM C 185) Air Content % 7 Maxmum 12 12 ----
(ASTM C 151) Autoclave Expansion.% -0.03 Maximum 0 80 0 80 Maximum 0.80
(ASTM C 187) Normal Consistency.'A 26.0 --- ---- ----
(ASTM C 1038)Expansion in Water,% 0.007 Maxmum 0.020 0.020 Maximum 0.020
(ASTM C 109) Compressive Strength,psi(MPa) p.52i MPa
1 Day 2620 18.1 ---- ---- ----
3 Day 4230 29.2 Minimum 1740(12.0) 1450(10.0) Minimum 1890(13)
7 Day 5010 34.5 Minimum 2760(19.0) 2470(17.0) Minimum 2900(20)
'• Note D,n Table fol AS IM C t 50 t6 allows for addd,onar sultate provided erpans,on as rneasured by AS FM C 1038 does not exceed 0 020°5
-Acr;.isted for Lrnestone A,t,//onoc norn C ;50-16 A t 6
• les;Cf ,dra;:cr 0 prov.Oei fo,nnormatron only
CEMEX hereby certifies that this cement meets or '�' �
exceeds the chemical and physical Specifications of By: -
ASTM C150-16 for Type I Portland Cement Timothy W Rawlsky
ASTM C150- 16 for Type II Portland Cement Quality Control Manager
ASTM C1157-11 for Type GU Hydraulic Cement CEMEX-Lyons Cement Plant
AASHTO M85-16 for Type I Portland Cement
AASHTO M85-16 for Type II Portland Cement
CEMENT
Ar
fir P.O. Box 529
Lyo , CO88027(23,100 MILL
CCmC Plantns(303) TEST
Sales (303) 758-1334 REPORT
Cement Identified as:
Plant: CEMEX Lyons Cement TYPE II CEMENT Date: 6/12/2017
Location: Lyons, CO
Production Dates:
Beginning: May 1, 2017
Ending: May 31, 2017
Additional Data
Limestone Inorganic Processing Addition Data
TYPe ...
Amount 4.3 None Added
Silicon Dioxide(Si02), % 8.0
Aluminum Oxide IA1203),% 1.8
Ferric Oxide(Fe203),`A, 0.6
Calcium Oxide(CaO),% 49.2
Sulfur Trioxide(S03).% 0.2
Base Cement Phase Composition
C3S(%) 56
C2S(%) 17
C3A(%) 7
C4AF(%) 11
CEMEX hereby certifies that the above described data represents the materials used in the cement manufactured during
the production period indicated
By
Timothy W.Rawlsky
Quality Control Manager
CEMEX-Lyons Cement Plant
„ y; 8ORAL
sum
acmt .
REPORT OF FLY ASH ANALYSIS
Project Name: Craig
Sample ID#: 170327002 Tested By: QC
Sample Date: March 2017 Report Date: 16-May-17
CHEMICAL TESTS RESULTS ASTM C 618 AASHTO M 295
CLASS F/C CLASS F/C
Silicon Dioxide(Si02), % 56.52
Aluminum Oxide(A1203), % 22.75
Iron Oxide (Fe203), % 4.56
Sum of Si02, A1203, Fe203, % 83.83 70.0/50.0 min. 70.0/50.0 min.
Calcium Oxide (Ca0), % 8.53
Magnesium Oxide(MgO), % 2.64
Sulfur Trioxide(SO3), % 0.40 5.0 max. 5.0 max.
Sodium Oxide (Na20), % 0.69
Potassium Oxide(K20), % 1.16
Available Alkalies (as Na20), % 0.73
PHYSICAL TESTS RESULTS ASTM C 618 AASHTO M 295
CLASS F/C CLASS F/C
Moisture Content, % 0.05 3.0 max 3.0 max.
Loss on Ignition, % 0.35 6.0 max. 5.0 max.
Amount Retained on No. 325 Sieve, % 15.83 34 max. 34 max.
Specific Gravity 2.31
Autoclave Soundness, % 0.00 0.8 max. 0.8 max.
Strength Activity Index with Portland Cement
at 7 days, %of Control 87.3 75 min.' 75 min.'
Strength Activity Index with Portland Cement
at 28 days, % of Control 102 1 75 min.' 75 min '
Water Required, %of Control 94.2 105 max. 105 max.
Loose Bulk Density, lbs/ft3 70,1
Meets ASTM C 618 and AASHTO M 295,Class F
*Meeting the 7 day or 28 day strength activity index will indicate specification compliance.
///4(!:',16, ,en
Melissa Garcia
Quality Assurance/Laboratory Manager
:6M1 .;gip atC U ','_7C., S -.:^.:TC v,:;,S '2`0)3$9.:M9
CESARE,INC.
SUMMARY OF LABORATORY TEST RESULTS
Pueblo East Pit-Pueblo, CO
Washed Concrete Sand - Fine Aggregate
Lab ID 165220 and F175007
,. Gradation (ASTM C136)
Passing 'ASTM'C38`; : AASHTO M6 =-: CDOT Table
Sieve Size (%) •Table 1 • Table 1 703=2
(%) •. .(%) . (%) ...:
3/8"(9.5 mm) 100 100 100 100
#4(4.75 mm) 99 95-100 95-100 95-100
#8(2.36 mm) 84 80-100 80-100 80-100
#16(1.18 mm) 60 50-85 50-85 50-85
#30(600 um) 39 25-60 25-60 25-60
#50(300 um) _ 14 5-30 10-30 _ 10-30
#100 (150 um) 3 0-10 2-10 2-10
#200(75 um) 1.3 0-3 - --
ASTM C33 AASHTO M6 CDOT
Sec.6.2 Sec.5.3 Sec.703.01
Finess Modulus 3.0 2.3-3.1 2.3-3.1 2.5-3.5
Minus#200 Wash(ASTM C117)
Passing • ASTM C33 AASHTO M6 CDOT Section
Sieve Size (%) Table 1 : Table 2,Class A 703.01
. :.(MI6) _ - (%) • : (%)
#200(75 µm) 1.0 5 3.0 5 2.0 5 3.0
Specific Gravity and Absorption(ASTM C128J
Bulk Specific Gravity(Oven Dry) 2.62
Bulk Specific Gravity(SSD) 2.63
Apparent Specific Gravity 2.66
Absorption(%) 0.6
Ughtweeht Particles(ASTM C123)
ASTM C33,Table
2,Coal and . •
ASTM C33 Table
Lightweight. Ugnite, • AASHTO 146 `: 2,Coal and :: AASHTO.M6:•:
Pieces at 2.0 Concrete Table 2,Class A Lignite,All Other Table•2,Class B,
Specific Gravity Surface
(%) Appearance :: (°jo) Concrete (%).:'
Important (%)
(%)
0.1 50.5 50.25 .5 1.0 51.0
17.012 Fremont Paving and Redi Mix Pueblo East Pit Washed Concrete Sand Aggregate Testing Letter 04.28.17 2
CESARE,INC.
SUMMARY OF LABORATORY TEST RESULTS
Pueblo East Pit-Pueblo, CO
Washed Concrete Sand - Fine Aggregate
Lab ID 165220 and F175007
Cla�Lump and Friable Partides(ASTM C142)
Grading of. Masi of Test:` =Mass of:Telt .. •.,.' Clay Lumps
Passing Afte
Sieve Size Original , -Fraction Fraction j: Test , and.Friable`
Sample Before Test After 'est.: 'Partides :.
(%) • ::(g):.: :,• g). , . ' ..-`-'`''• (Vo) •
#4(4.75 mm)to
#16(1.18 mm) 40 25.2 25.1 0.4 0.4
ASTM C33 Table 2 5 3.0
AASHTO M6 Table 2,Class A 5 3.0
Magnesium Sulfate Soundness(ASTM CBS)
Grading of Mass of Test •.. Ma'ss of.Test
Original° Fraction 'Fraction._. Passing Aftier; Weighted
Sieve Size Test. Loss
Sample ..`Before Test.,' AfterTest• (W8)1' (qio)
(%) (g) (• a) _ •.
3/8 Inch(9.5 mm) 14.0 0.1.
to#4(4.75 mm) 1 - --
#4(4.75 mm)to
#8(2.36 mm) 15 100.2 86.2 14.0 2.1
#8(2.36 mm)to
#16(1.18 mm) 25 100.3 92.4 7.9 1.9
#16(1.18 mm)to
#30(600 pm) 21 100.8 91.8 8.9 1.9
#30(600 Nm)to
#50(300 pm) 24 100.6 95.7 4.9 1.2
Minus#50(300
Pm) 14 -- -- -- --
Total Weighted Loss(1Yo) 7
ASTM C33 Section 8.1 5 15
AASHTO M6 Section 8.1 5 15
Organic Impurities(ASTM C40)
Color Plate . ASTM C33:Sectlon•7..2.1 . AASHTO M6 Section 7.2.1
1 5 Plate 3(Standard) 5 Plate 3(Standard)
Sand Equivalen (ASTM D2419)
Sand Equivalent Result 91
CDOT Section 703.01 80
Potential Alkali Reactivity,Mortar-Bar Method(ASTM C1567)
Average Expansion at 16 Days •ASTM C1567 Test. Result Interpreta• tion
0.05 Expansion < 0.10%: Innocuous
Expansion > 0.20%: Reactive ,
tPotentlally deteterlous expansion
17.012 Fremont Paving and Redl Mix Pueblo East Pit Washed Concrete Sand Aggregate Testing Letter 04.28.17 3
CESARE,INC.
SUMMARY OF LABORATORY TEST RESULTS
State Pit
ASTM Size #57/67 -Coarse Aggregate
Lab ID F175006
GradationlASTM C136)
P
assing. •. ASTM:C33 ` AAASHT•O°M43 CDOT
Sieve Size % Table 3 Table 1 - Table 703-2
(0/6)' (%6) (%)
1.5"(37.5 mm) 100 100 100 100
1"(25 mm) 100 100 100 100
3/4"(19 mm) 96 90-100 _ 90-100 90-100
1/2"(12.5 mm) 44 25-60 25-60 25-60
3/8"(9.5 mm) 22 20-55 20-55 20-55
#4 (4.75 mm) 4 0-10 0-10 0-10
#8 (2,36 mm) 3 0-5 0-5 0-5
Minus#200 Wash(ASTM C117)
- : ASTM C33 . AASHTO M80 •CDOT Section
Passing . Table 4,.
Sieve Size Table 2,Class A. 703.02
(9/b) . Class 4S (%). h)
(%)
#200 95µm) 0.8 5 1.5 S 1.5 AASHTO M80
Spedfic Gravity and Absorptio LASTM C127)
Bulk Specific Gravity(Oven Dry) 2.592
Bulk Specific Gravity(SSD) 2.623
Apparent Specific Gravity 2.673
Absorption(%) 1.2
Lightweight Particles(ASTM C1.23)
Lightweight Lightweight ASTM C33 AASHTO M80 ASTM C33 :AASHTO M80
Pieces at 2:4 Pieces at 2.0 Table 4,Class: Table 2,CIBss Table 4,Class Tattle 2,Class
4S at 2.4 ^. Aat.2.4
Specific Specific 4m Coal and :A,Coal:and
Gravity..' GreWty specific a: .Specific :. Ugnite. Lignite =
(%)* .(%) . Gravity Gravity. .(0ja) ._ .. (°�)
1.2 0.0 5 5.0 5 3.0 S 0.5 5 0.5
*ASTM C123 test results provided by WesTest,LLC.
Clay Lumps and Friable Partides(ASTM C142)
Grading of• Mass of Test Mass of TesE_ Clay Lumps
Original Fraction Fraction -SsT � and Friable
Sieve Size Sample Before Test Atter TestParticles
(%) (0) • • (0) (%) (Wo)
LS"(37.5 mm 0 0 0 0 0.0
to 3/4"(19 mm)
3/4"(19 mm)to 74 2,199.0 2,191.9 0.3 0.2
3/8"(9.5 mm)
3/8"(9.5 mm)to 18 1,199.1 1,195.5 0.3 0.1
#4(4.75 mm)
Total Weighted Loss 0.3
ASTM C33 Table 4,Class 4S 5 3.0
AASHTO M80 Table 2,Class A 5 2.0
17.012 Fremont Paving&Redi Mix State Pit ASTM #57-67 Coarse Aggregate Testing Letter 04.28.17 2
CESARE,INC.
SUMMARY OF LABORATORY TEST RESULTS
State Pit
ASTM Size #57/67-Coarse Aggregate
Lab ID F175006
Magnesium Sulfate SoundnessJASTM C88)
Grading of Mass of Test Mass:of Test ;,ping
Original Fraction Fraction ass
n Weighted Loss
Sieve Size After Test
Sample Before Test. After Test ' • (-%) (go)
(oh) (g) (CO
1.5"(37.5 mm)
to 3/4"(19
mm) — -- — — --
3/4"(19 mm)
to 3/8"(9.5
mm) 74 1,001.0 956.0 4.5 3.3
3/8"(9.5 mm)
to#4(4.75
mm) 18 300.0 273.6 8.8 1.6
Minus#4(4.75
mm) -- -- — -- --
Total Weighted Loss(%) 4.9
ASTM C33 Table 4,Class 4S 5 18
AASHTO M80 Table 2,Cass A 5 18
Unit Weight(Density)and Voids(ASTM C29)by Rodding
Unit Weight(pcf) 101.8
Unit Weight(pcy) 2749
Voids(%) 36.9
•
Los Angeles Abrasion and Impact(ASTM C131),
ASTM'C33 Table 4,
Abrasion and Iti 10 AA
Class 45 and strTo CD"Section 703.02
"
•
Material Grading •�L M80 Table 2,Class A and Aurora
(° ) , . (%) , ..
g 29 S 50 5 45
Potential Alkali Reactivity,Mortar-Bar Method(ASTM C1567)
Average Expansion at 16 Days ASTM C1260 Test Result Interpretation
Expansion <0.10%: Innocuous
0.02 Expansion > 0.20%: Reactive
Expansion 0.10%to 0.20%: Incondusive2
1 Potentially deleterious expansion
2 Indudes both innocuous and deleterious aggregates
17.012 Fremont Paving&Redi Mix State Pit ASTM #5747 Coarse Aggregate Testing Letter 04.28.17 3
EUCONX15
Euclid E � ;.
Admixtures
MID-RANGE WATER REDUCING ADMIXTURE
DESCRIPTION
EUCON X15 is a mid-range water-reducing and plasticizing admixture for concrete.EUCON X15 shows improved
finishing characteristics when compared to other commonly used Type A (typically 5 to 6%water reduction) or -
Type F(typically 12 to 15%water reduction) admixtures.This mid-range approach to water reducing admixtures
allows for a wide range of usable dosage rates for a broad application spectrum. EUCON X15 as produced,
should be used as received and does not contain calcium chloride.
PRIMARY APPLICATIONS
• Flatwork concrete
• Architectural concrete
• General purpose ready mixed concrete
• Concrete containing fly ash and other pozzolans
FEATURES/BENEFITS
Plastic Concrete
• Produces concrete with lower water:cement ratio allowing for increased strength
• Increased concrete strength lowers the potential for cracks
• Lower water:cement ratio allows for lower cement content, saving the producer money
• Increases concrete workibility allowing for easier concrete placement
• Produces concrete that is easier to finish which lowers labor costs
m
TECHNICAL INFORMATION 0
Perfomance Data Z
X
The following test results were achieved using typical ASTM C 494 mix design requirements, 517 Ib/yd' v,
(307 kg/m') cement content and similar (± 0.5)%air content.
These results were obtained under laboratory conditions with materials and mix designs meeting the specifications
of ASTM C 494. Changes in materials and mix designs can affect the dosage response of EUCON X15.
Eucon X.15 Compressive Stomp Osu(psi) Eucon X•15 Set Time Results ihrminl
1311 7112
■Fsh.w.0 0 4 ot:rn 11 w.c.t E:4f 11,41774,406wc+; ■1•a:w
6113 6 13O
6.41 W
1241 1.20
W
5010 4113 7166 O
.0
O
6,41 Oy
4::3 11
Yt'a' ;"1) 1303 336 raO,Ii''
OT7. O 3: 111]
.ai,112cV kk.,
, ,,„,
O-77
.'s„. O
6 "' "�.` sac
30t1 /Day 33 G1
The Euclid Chemical Company
OILD 19218 Redwood Rd. •Cleveland,OH 44110 An Company �®
Phone: [216]531-9222 •Toll-free: [800] 321-7628 • Fax: [2161 531-9596 ..
www.euclidchemical.com
PACKAGING
EUCON X15 is packaged in bulk, 275 gal (1041 L)totes, 55 gal (208 L) drums, and 5 gal (18.9 L) pails.
SHELF LIFE
1 year in original, unopened container.
SPECIFICATIONS/COMPLIANCES
EUCON X15 meets or exceeds the requirements of:
• ASTM C 494,Type A and Type F
• AASHTO M 194
DIRECTIONS FOR USE
EUCON X15 is typically used at dosages of 4 to 15 oz per 100 lbs(260 to 1000 mL per 100 kg) of cementitious
material.Dosage recommendations depend on the characteristics of the materials being used in the mix design.
Higher dosages are acceptable with prior testing and confirmation of the desired performance with specific
materials being used.
EUCON X15 should be added to the initial batch water when possible. It should not come in contact with dry
cement or other admixtures until they are mixed with the concrete batch.
Field testing is strongly recommended to optimize dose range and performance expectations with local materials.
EUCON X15 is compatible with Euclid Chemical admixtures.
PRECAUTIONS/LIMITATIONS
• Care should be taken to maintain EUCON X15 above freezing; however,freezing and subsequent thawing will
not harm the material if thoroughly agitated. Never agitate with air or an air lance.
• Add to mix independent of other admixtures.
• In all cases,consult the Material Safety Data Sheet before use.
Rev. 10.10
WARRANTY.the Euclid Chemical Company('Euclid')solely and expressly warrants that Its products shall be free from defects m materials and worLrnanship far ore(I)year from the date of purchase.Unless authorized
in writing by an officer of Euclidno other representations or statements made by Euclid or its representatives,IQ wntiag or orally,snail alter this warranty.EUCLID MAKES NO WARRANIIES.IMPLIED OR OTHERWISE.
AS TO TI HE ME dCI IANTAEILUTY OR El tNESS FOR ORDINARY OR PARTICULAR PURPOSES OF ITS PRODUCTS AND EXCLUDES THE SAME.If any Euclid product fads to conform vnth this warranty.Euclid will replace the
product at no cat to Buyer,Replacement of any product shall be the sole and exclusive remedy ava lable and buyer shat have no clam for incidental or consrguental damages.Arty warranty clam mast be made within
one(r year'rem the date of the claimed breach Euclid does not authorize anyone on ns behalf to make arty written cr oral statements ch in any way alter Eucl d s instalaton.infotmattcn or.instructions in its product
Coiat„re or on th pacxag ng labels Any n5tatllton of Eucl d products which fats to conl_m w Et s..'„h es.tllahon Enforrnaton of ristruct ors snail Lor.:It s warranty Prcd.xt dersonseat ors if anyaro done for illustrative
rind do riot tie"s:tate 3 warranty an wairanty ale'auon of any i,.nd.Buyer shall be ccl./ e nv''rsrblo or darer ,erg tee stat.i,cy at Eudl d s prnry;,as fcr tie Buyer s intended pu.poses.
4 i
LOCKHEED MARTIN
April 11, 2019 VIA FEDERAL EXPRESS
City of Pueblo
Attn: John Vigil
1 City Hall Place
Pueblo, CO 81003
Re: Lease dated July 24, 2017 as supplemented by that certain Lease Commencement
Agreement dated September 2017 (collectively the "Lease") by and between City
of Pueblo ("Lessor") and Lockheed Martin Corporation ("Lessee) with regard to a
hanger containing approximately 22,500 square feet located at 32501 Walt Bassett
Avenue, Pueblo, CO
Dear Mr. Vigil:
Pursuant Section 2.02 of the above-referenced Lease,Lockheed Martin Corporation hereby
provides the required prior written notice of our exercise of first of two (2)options to renew
the term of the Lease for a period of one (1) year. Accordingly, the period covered by this
renewal term is from July 25,2019 through July 24, 2020 and the monthly rental applicable
to such period is $5,500.00.
Should you have any questions or require any additional information, please contact me at
(410) 468-1038.
Sincerely,
Lockheed Martin Corporation,
By LMC Properties, Inc., Attorney in Fact
Under Irrevocable Power of Attorney effective
April 4, 2016
B y:
Charles B. Hardie
Manager, Real Estate
cc: Mr. Jim Craycraft/Mr. Frank Kreis - LM-Space
Ms. Petra-Ann Liverpool - LMCPI
Ms. Andrew Faraone/Ms. Tina Chase - JLL
LEASE COMMENCEMENT AGREEMENT
This Lease Commencement Agreement is made as of this day of September,2017,and is
hereby attached and made a part of the Lease dated July 24,2017("Lease")by and between City of
Pueblo("Landlord")and Lockheed Martin Corporation("Tenant")for approximately 22,500 rentable
square feet of space located at 31201 Bryan Circle,Pueblo,CO(as more particularly described in the
Lease,the"Premises").
Landlord and Tenant acknowledge that the address for the Premises is 32501 Walt Bassett Avenue,
Pueblo,CO 81001.As of July 24,2017,all references in the Lease to the Premises shall be deemed to
mean 32501 Walt Bassett Avenue, Pueblo,CO 81001.
This Commencement Date of the Lease shall be July 25,2017.
The Rent due under the Lease shall commence on July 25,2017.
The Expiration Date of the Lease shall be July 24,2019.
Landlord and Tenant agree to be bound by all the terms,covenants and conditions and agreements set
forth in the Lease,as supplemented by this Lease Commencement Agreement.
The premises address and dates set forth above in this Lease Commencement Agreement shall replace
and supersede any conflicting addresses and dates set forth in the Lease.
Landlord: Tenant:
City of Pueblo Lockheed Martin Corporation
By: LMC Properties,Inc.,Attorney in Fact under
Irrevocable Power of Attorney effective April 4,2016
By: /od By:
Sam Azad V
Title:City Manager Title: &a. ee
Date: - fl Date: fbrl ,