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ORDINANCE NO. 9500
AN ORDINANCE APPROVING A HANGAR LEASE AGREEMENT
FOR SPACE IN HANGAR D AT PUEBLO MEMORIAL AIRPORT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND JACK C. MALONE AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, the City of Pueblo is the owner and operator of the Pueblo Memorial Airport
together with the land on which said Airport is situated; and
WHEREAS, Jack C. Malone wishes to lease space in Hangar D that is owned by the City
of Pueblo; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Hangar Lease Agreement (“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 Jack C. Malone, to lease space in
Hangar D at Pueblo Memorial Airport, is hereby approved subject to the conditions as set forth in
said Lease, and the Mayor is hereby authorized to execute and deliver the same in the name of
the City.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance and the attached Lease to effectuate the terms and
conditions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 8, 2019 .
Final adoption of Ordinance by City Council on July 22, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on July 25, 2019 .
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 08, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING A HANGAR LEASE AGREEMENT FOR SPACE
IN HANGAR D AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND JACK C. MALONE AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign a Hangar Lease
Agreement with Jack C. Malone for space in Hangar D to store one aircraft.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND
The City owns Hangar D at the Pueblo Memorial Airport, which can be leased on a month-to-
month basis to general aviation pilots for storage of their personal aircraft. There is currently space
in the hangar that can be leased to Jack C. Malone.
FINANCIAL IMPLICATIONS:
The hangar will be leased at $180.00 per month, paid in six-month installments of $1,080.00.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If this ordinance is not approved, the hangar space will remain vacant.
RECOMMENDATION
It is the recommendation of the Department of Aviation that this Ordinance be approved.
Attachments:
Hangar Lease Agreement
Hangar:
City of Pueblo
Department of Aviation
Community Hangar Lease Agreement
This Community Hangar Lease Agreement ("Lease") entered into this 1st day of July, 2019
("Effective Date"), between the City of Pueblo, a Municipal Corporation ("Lessor" or "City"), and
Jack C. Malone, whose address is 1140 W. Bella Casa, Pueblo West, 81007 ("Lessee").
WHEREAS, Lessor owns and operates the Pueblo Memorial Airport ("Airport"); and
WHEREAS, Lessee is desirous of leasing a hangar at the Airport upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and mutual promises, covenants and
conditions contained herein, Lessor and Lessee hereby agree as follows:
1. LEASED PREMISES
a. Lessor hereby leases to Lessee the area generally known as_Hangar D , the portion of
the hangar shown on Exhibit "A", attached hereto and made a part hereof, located at
Airport for the use of storing aircraft,tail number N8219P_, which shall be continually
registered with the Federal Aviation Administration("FAA")throughout the life of this
Lease. Lessee agrees to report any changes in this aircraft tail number within fourteen
(14) days in order for Lessor to comply with FAA reporting requirements.
b. This Lease and Lessee's use of the leased premises are subject to the easements, rights
of way, covenants, conditions, restrictions, reservations and limitations appearing of
record, and all applicable zoning and land use laws, ordinances, codes and regulations,
including but not limited to all conditions, regulations, restrictions, and requirements
imposed by the FAA, governing and regulating the leased premises and its use.
2. TERM
a. The term of this Lease shall be for one calendar month, which shall automatically renew
for successive one month terms unless earlier terminated by a party.
b. Either party may terminate this Lease by providing at least fourteen (14) days prior
written notice to the other party stating that the Lease shall terminate on a certain date.
If this Lease is terminated prior to the end of any six-month payment term, rent for
terminated months will be prorated and returned to Lessee, except that Lessor may
retain funds to repair damage caused by Lessee or to apply to other outstanding fees
owed by Lessee.
3. RENT
a. In consideration of the rights and privileges contained herein, Lessee agrees to pay a
monthly fee, payable in six-month installments in advance without notice by July 1,
2019 and every sixth month anniversary thereafter, of $180.00 for use of the leased
premises. The six-month installment payment shall be $1,080.00. Rent not paid by the
tenth (10th) of each month rent is due shall accrue a late fee of eight percent (8%) per
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month. Rent shall include the combined service fee and utility costs for electricity. No
other utilities shall be provided or allowed at the leased premises.
b. Rent shall increase annually on the anniversary date of the Effective Date by two and
one-half percent (2.5%) over the previous monthly rent beginning with the third
anniversary date and continuing every year thereafter. The third anniversary date shall
be July 1, 2022.
4. DEPOSIT
a. Lessee also agrees to pay a security deposit to the airport equal to one month's rent.
The security deposit and first month's rent shall be paid upon execution of this
agreement. Deposits shall be refunded following termination of this agreement, less
any rent due or damages to the leased premises.
b. In the event that Lessee fails, neglects or refuses to pay any rent, fee, or other sum due,
or fails to perform any obligation under this Lease, then Lessor may, in its sole and
absolute discretion, draw from the security deposit to remedy Lessee's default. Nothing
contained in this Lease shall require Lessor to remedy Lessee's default in this manner,
and Lessor may instead, in its sole and absolute discretion, refuse to remedy Lessee's
default by drawing on the security deposit, and instead pursue the remedies for default
provided in this Lease or by law.
c. In the event that Lessor draws from this security deposit to remedy Lessee's default,
Lessor shall notify Lessee in writing and require Lessee to replenish the deposit to its
original level. Failure of Lessee to comply with this section shall constitute a material
breach of this Lease.
5. TAXES
a. Lessee shall promptly pay when due all taxes, fees, licenses, and other governmental
charges assessed against or applicable to the leased premises. Possessory interest tax is
assessed by the County of Pueblo and is the responsibility of the Lessee. The Lessor is
a tax-exempt entity and shall not be liable for any tax of the Lessee. Lessee should be
aware that there are multiple taxes and costs associated with owning and operating an
aircraft, including the leasing of hangar space. All applicable taxes and costs shall be
paid by Lessee, even if Lessee was unaware of such taxes and costs.
6. RELEASE; INSURANCE
a. Lessee assumes all risk of loss, damage, injury and liability for the same that may occur
to Lessee, Lessee's guests, Lessee's aircraft and Lessee's improvements and property in
or upon the leased premises and Lessor shall not be liable or responsible for any such
loss, damage or injury, regardless of the cause thereof, including, without limitation,
the negligence of Lessor, its officers, agents or employees.
b. Lessee, at its sole cost and expense, shall, during the life of this agreement, procure,
pay for and keep in full force and affect a comprehensive policy of commercial general
liability insurance. The policy shall have limits in an amount of not less than One
Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars
($3,000,000.00)in the aggregate. Such coverage shall include, without limitation, legal
liability of the insured for property damage, bodily injuries and deaths of persons in
connection with the operation, maintenance or use of the leased premises (including
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acts or omissions of the Lessee). This policy shall name the City of Pueblo as additional
insured and loss payee for the policy. The policy shall contain a provision that the
policy cannot be canceled or materially altered either by the insured or the insurance
company unless thirty (30) days prior written notice thereof is given to the Lessee and
City. Upon issuance or renewal of any such insurance policy, the Lessee shall furnish
to the City a certificate of insurance evidencing coverage required under this contract.
c. A current and valid certificate of insurance for the above described policies shall be
submitted to the City at the time of signing of this agreement, and Lessee shall notify
the Director of Aviation of any changes, expiration or renewal of said policies within
two (2) weeks of such change.
7. RIGHTS AND PRIVILEGES OF THE LESSEE
a. Lessee shall have the exclusive use of the designated areas of the leased premises as
indicated by Exhibit A for the purpose of storing Lessee's aircraft and aeronautical
property except as specifically set forth, hereinafter. Lessee shall not assign nor sublet
the leased premises or any part thereof Lessee hereby understands and accepts that the
hangar is used as a community hangar and Lessee shall be sharing the hangar with other
persons.
b. Except as may be specifically authorized herein to the contrary, Lessee shall not,
without the prior written approval of the Director of Aviation, make improvements,
modifications, revisions, installation of signs or other alterations to the leased premises.
Costs of improvements, revisions, signs and alterations shall be borne solely by Lessee
and all such improvements, modifications, revisions or alterations shall upon expiration
or termination of this agreement be removed without cost to the Lessor. Lessor may,
on a case by case basis, allow the improvements to remain, in which case Lessor shall
not be liable for the cost of the improvements. All improvements must be done by trade
professionals licensed, insured and permitted to conduct business within the City.
c. Lessee, its employees and invitees shall have the right of ingress and egress between
designated airport access points and the leased premises over, upon, and through such
streets and not others as from time to time shall be designated by the Director of
Aviation. Driveways from existing streets into the leased premises shall be located as
designated by the City of Pueblo through the Director of Aviation.
d. Lessee shall only use the leased premises for the storage of aircraft and minor incidental
materials. The leased premises shall not be used for the storage of non-aeronautical
personal property, living accommodations, or in any other way inconsistent with this
Lease or federal regulations. Failure to abide by this provision shall constitute a
material breach of this Lease.
8. RIGHTS AND PRIVILEGES OF THE LESSOR
a. All rights not herein granted to the Lessee are reserved to Lessor and nothing herein
contained shall be construed to grant or authorize the granting of an exclusive right
within the meaning of Section 308 of the Federal Aviation Act of 1958 as amended.
b. Lessor shall have full and unrestricted right to enter upon those portions of the Airport
occupied and leased herein by the Lessee, and Lessor, its agents or representatives shall
be permitted to inspect same during any regular business hours or upon twenty-four
(24) hours' notice to Lessee.
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C. Lessor reserves the right to maintain and keep in repair the landing areas of the airport
and all publicly owned facilities of the airport but shall not be obligated to the Lessee
for any failure to so maintain or keep in repair.
d. Lessee recognizes that from time to time it will be necessary for Lessor to initiate and
carry forward programs of construction, reconstruction, expansion, relocation,
maintenance and repair at and to the Airport in order that the 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 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 therefore. The Lessee
shall be obligated to pay all rent and fulfill all obligations of this Lease at all times,
including, but not limited to, when access to the Airport is temporarily restricted due
to routine construction, reconstruction, expansion, or other potential alteration of the
airfield.
e. There is hereby reserved to the Lessor, it's successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace above
the surface of the premises hereby leased, 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 of or flight in the air, using such airspace or landing at,
taking off from, or operating at Pueblo Memorial Airport.
f. 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 view of Lessee, and without
interference or hindrance from Lessee or liability to Lessee.
9. OBLIGATIONS OF THE LESSEE
a. Lessee shall, at its own expense, keep the premises neat, clean, safe and orderly at all
times, free of waste, rubbish and debris, and shall provide a complete and proper
arrangement for the sanitary handling and disposal of all trash, garbage and other refuse
resulting from Lessee's activities at the Airport. No outside storage of parts, materials,
equipment, inventory, or other material shall be permitted. Lessee understands that
snow removal within five (5) feet of the hangar door is the responsibility of Lessee.
b. Lessee agrees to indemnify, defend, and save the Lessor, it's agents, officer's
representatives and employees, harmless from and against any and all penalties,
liability or loss including costs and attorney fees resulting from claims or court action,
whether civil, criminal or in equity, and arising directly or indirectly out of: (i) acts of
the Lessee, his agents, employees, or servants; (ii) occurring in on or about the leased
premises; (iii) 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
thereon or appurtenances thereto, or any activity conducted therein; or(iv)through any
injury or damage that may be caused or occasioned.
c. Lessee understands that the leased premises are a shared area and that cooperation
among tenants is of utmost importance. All disputes shall be brought to the Director of
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Aviation who shall have sole and absolute discretion in deciding said disputes. Lessee
agrees to indemnify, defend, and save the Lessor, it's agents, officer's representatives
and employees, harmless from and against any and all penalties, liability or loss
including costs and attorney fees resulting from claims or court action, whether civil,
criminal or in equity, and arising directly or indirectly out of Lessee's disputes or
actions towards other tenants.
d. Only Lessee shall park, move, and/or relocate its aircraft. Lessor shall not park, move,
or relocate said aircraft for any reason unless required to do so by law or as otherwise
provided for in this Lease.
e. Lessee shall not hold or attempt to hold Lessor liable for any injury, including loss of
life, to any person, or for damage to any property while on the leased premises or the
airport, irrespective of how such injury or damage may be caused or occasioned.
10. OBLIGATIONS OF THE LESSOR
a. Lessor shall maintain the floor, walls, roof and doors of said premises, except that the
cost of repair for any damages to same caused by Lessee, his employees, agents, or
invitees shall be borne solely by Lessee.
b. All risk of loss or damage to Lessee's aircraft and other personal property in or upon
the leased premises is assumed by Lessee, and Lessor shall not be liable or responsible
for any loss or damage to such aircraft and other personal property regardless of the
cause thereof, including, without limitation, the negligence of Lessor, its officers,
agents or employees.
c. Where its aircraft or other property is not moved in a timely fashion by Lessee, Lessor
may move Lessee's aircraft or other property if the aircraft or property obstruct
Lessor's or another tenant's use of the hangar or access ways. Should Lessor be
required to move said aircraft or property for any reason, Lessor shall not be liable or
in any way responsible for damage to the aircraft or property.
d. Locks shall be provided by the Lessor and shall be the only locks placed on the hangar.
Locks shall be removed and replaced solely by the Lessor. Lessee shall have no right
to alter, change or replace the Lessor's locks.
11. GENERAL CONDITIONS
a. The Airport and the terms and conditions of this Lease and Lessee's rights hereunder
are hereby made subject to the provisions of the Code of Ordinances of the City of
Pueblo, as same may be subsequently amended. In the event of conflict between said
Code and this Lease, said Code shall control. Title III of said Code specifically relates
to the Department of Aviation.
b. The Lessee, 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 operating on the property described in the Lease for the purpose of which
a United States Department of Transportation program or activity is extended or for
another purpose involving the provision of similar services or benefits, the Lessee shall
maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
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Federally-assisted programs of the Department of Transportation Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
c. 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, sexual orientation, ancestry, disability, age,
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.
d. 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 covenant is breached, the
Lessor reserves the right to enter upon the premises hereby leased at any time and cause
the abatement of such interference at the expense of the Lessee.
e. This Lease and all the provisions hereof are subject to all rights the United States
Government now has or in the future may have or acquire, affecting the control,
operation, regulation, re-entry upon and taking over of the Airport including the leased
premises.
f The Lessee shall observe faithfully all rules and regulations affecting use of the Airport,
whether established by the Director of Aviation, the City or other political subdivision
having jurisdiction, the State of Colorado or the United States, or agencies thereof,
including but not limited to rules affecting the operation of motor vehicles upon, to and
from the Airport.
g. The Lessee, and all officers, agents and employees of Lessee, hereby agree to be bound
by and subject to all Police Ordinances of the City of Pueblo at all times while on the
Airport, whether acting in the course of Lessee's business or otherwise.
h. The leased premises is leased"As Is, Where Is, With All Its Faults" and Lessor 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 suitability or fitness for a particular purpose, title, zoning,
physical or environment conditions, utilities, governmental approvals, the compliance
of the leased premises with governmental and environment laws and regulations, the
truth, accuracy or completeness of any document or other information provided to
Lessee by Lessor or any other person, or any other matter or thing regarding the leased
premises.
i. The Lessee represents that it has inspected the Airport, leased premises, and facilities
and accepts the conditions 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. Lessee's taking of possession of the leased
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premises shall be conclusive evidence that Lessee accepts the leased premises in its
present condition and that the leased premises is in good and satisfactory condition at
the time such possession was taken.
j. The acts and omissions of Lessee's employees, agents, contractors, and guests shall be
imputed to Lessee for purposes of this Lease.
12. DEFAULT, HOLDOVER, AND NON-PERFORMANCE CONDITIONS
a. If after the expiration of the term of this Lease, Lessee shall remain in possession of
the leased premises and continue to pay rent without any express written agreement as
to such holding over, then Lessee agrees that all terms and covenants of the Lease shall
remain in effect, except that Lessee shall be a tenant from month-to-month at the then
current monthly rent and subject to the same annual adjustments as previously existed.
During the term of any month-to-month tenancy, Lessor or Lessee may terminate this
Lease upon fourteen (14) days prior written notice to the other party.
b. If the Lessee shall be declared insolvent or bankrupt, or if any assignment of the
Lessee's property shall be made for the benefit of creditors or otherwise, or if Lessee's
leasehold interest herein shall be levied upon under execution, or seized by virtue of
any writ of any Court of Law, or a Trustee in Bankruptcy or a Receiver appointed for
the property of the Lessee, whether under the operation of the State or the Federal
statutes, then and in any such case, the Lessor may, at his option, immediately with or
without notice, notice being expressly waived, terminate this Lease and immediately
retake possession of said premises without the same working any forfeiture of any
accrued obligations of the Lessee hereunder.
c. If the rent or any part thereof shall be in default, or in case of any breach by the Lessee
of any of the covenants or agreements herein, Lessor may declare this Lease terminated,
and after the expiration of fourteen (14) days from the date of the service of a written
notice to that effect, be entitled to the possession of said premises. After the expiration
of this Lease or any violation of any term or provision as herein provided for, if Lessee
shall refuse to surrender and deliver possession of the leased premises after notice of
termination, then in that event Lessor may, without further notice or demand, enter into
and upon said premises, or any part thereof, and take possession thereof and repossess
them, and expel, remove and put out of possession the Lessee, using such help,
assistance and force in so doing as may be needful and proper, without prejudice to any
remedy allowed by law, available in such cases.
d. That in case said premises are left vacant and any part of the rent herein reserved be
due and unpaid, then the Lessor may, without in anyway being obligated to do so, and
without terminating this Lease, retake possession of said premises and rent the same
for such rent, and upon such conditions as the Lessor may think best, making such
changes and repairs as may be required, giving credit for the amount of rent so received
less all expenses of such changes and repairs, and said Lessee shall be liable for the
balance of the rent herein reserved until the expiration of this Lease.
e. In the event the Lease be terminated, as herein provided, Lessor should have and is
hereby given a lien upon Lessee's aircraft and property, including equipment, fixtures,
furniture and inventory, in or upon the leased premises for all rent, expenses, attorney
fees and costs then due or to become payable by Lessee hereunder, and such lien may
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be enforced by the taking and sale of such property in the same manner and as provided
for the disposition of collateral under the Colorado Uniform Commercial Code.
f Lessee agrees to pay the Lessor all costs, including reasonable attorney fees, incurred
by Lessor in recovering any rent or other money due and unpaid under the terms of this
Lease or to recover possession of the leased premises after termination hereof.
g. Without affecting any other rights granted to Lessor under this Lease, Lessee shall
remove its airplane and any personal property from the leased premises within seven
(7)days after termination of this Lease. Should Lessee fail to remove its property within
that seven (7) day period, Lessor shall have the right to enter and remove the property,
where Lessee shall be liable for all costs of removal. Unclaimed property shall be
considered abandoned and may be disposed of in any manner Lessor deems
appropriate. Should Lessor choose to sell the abandoned property, any money so
derived shall first go to pay costs due to the Lessor, while any left-over amounts shall
be forwarded to the Lessee.
13. SPECIAL CONDITIONS
a. Lessee agree that no flammable liquids or hazardous materials shall be used or stored
on the premises, excepting the fuel in the aircraft fuel tanks or in the tank of a stored
automobile, properly parked.
b. It is expressly understood that no person other than the Lessee or his regular employee
may perform services on any aircraft on the leased premises in such a manner as not to
exceed the definition of preventative maintenance in 14 CFR Part 43 - Appendix A and
in accordance with local ordinance.
c. Lessee agrees not to use the leased premises for commercial or residential uses and that
all uses shall be substantially aeronautical.
d. Lessee agrees to provide drip pans of a non-flammable material under the aircraft to
prevent damage to the floor, should said aircraft leak any fluids.
e. It is expressly understood by Lessee that security within the air operations area of the
Airport is vital. The drive through gate entering the air operations area shall be kept
closed and locked at all times except for ingress and egress. Only automobiles
belonging to owners of aircraft hangered therein will be permitted on the air operations
area. Any automobile brought by Lessee shall be the sole responsibility of the Lessee.
f Violation of airport security rules as now, or in the future may, exist shall be grounds
for immediate termination of this Lease.
g. No person or automobile shall go beyond the immediate vicinity of the leased premises
without the express written consent of the Director of Aviation.
h. Automobiles must be parked in designated parking spaces or within the hangar, except
that the hangar cannot be used solely for storage of automobiles.
i. Mounting, hanging, suspending, or otherwise installing any item from the ceiling,
support beams, or roofing structure is expressly forbidden.
j. Hangar doors shall remain closed and locked except during periods when the hangar is
attended by Lessee. This is to prevent damage from sudden storms and the creation of
foreign object debris.
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14. ENVIRONMENTAL PROVISIONS
a. For the purpose of this Lease, "Hazardous Materials" means any hazardous or toxic
substance, material or waste which is or becomes regulated by any local government
authority, the State of Colorado or the United States government and shall include, but
not be limited to: (i) 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); (ii) asbestos-containing
materials; (iii) PCBs; (iv) petroleum or petroleum based products; and (v) lead.
b. Lessee will comply with Environmental Regulations that are applicable to Lessee and
its use of the leased premises. No activity shall be undertaken by Lessee, its guests,
employees, agents, contractors or subcontractors, on all or any portion of the Leased
Premises which would cause or permit: (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 1251 et seq. and the Clean Air Act, 42 U.S.C. Section 7401
et seq.
c. Lessee agrees to defend, indemnify and forever hold harmless Lessor, and its officers,
employees, agents, successors, and assigns, from all claims, losses, damages, penalties,
expenses and costs, including, but not limited to, attorneys' fees, characterization,
remediation 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, guests, contractors and subcontractors.
15. MISCELLANEOUS PROVISIONS
a. No assent, express or implied, to any breach of any one or more of the covenants and
agreements hereof, shall be deemed or taken to be a waiver of any succeeding or other
breach.
b. All covenants and agreements in this Lease shall be binding upon and inure to the
benefit of the heirs, successors, assigns and legal representatives of Lessor and Lessee.
c. Any notice, demand or request provided in this Lease shall be in writing and sent by
certified mail, return receipt requested to the other party at the addresses listed above
or at such other address as each party may provide the other by written notice. Such
notice shall be deemed given on the day it is properly mailed.
d. Nothing in this Lease is intended, nor should it be construed, to create any rights,
claims, or benefits or assume any liability for or on behalf of any third party, or to waive
any immunities or limitations conferred under federal or state law, including but not
limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.
Revision:June 2019 9
Hangar: D
e. This Lease shall be governed by the laws of the State of Colorado. Venue for any action
arising under this Lease or for the enforcement of this Lease shall be in a state court
with jurisdiction located in Pueblo County, Colorado.
f This Lease shall not be assigned by Lessee for any reason.
g. Nothing in this Lease is intended to nor shall be deemed to constitute a partnership or
joint venture between the parties, or to create any agency or partner relationship
between the parties. Neither party shall hold itself out as a partner,joint venture, agent,
or representative of the other under this Lease.
Executed at Pueblo, Colorado, the day and year first above written.
LESSEE: LESSOR:
City of Pueblo, A Municipal Corporation
A By: 2t,,4a✓
Nicholas A. radisar, Mayor
Jac alone
ATTEST:
B
City Clerk
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