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HomeMy WebLinkAbout09714ORDINANCE NO. 9714 AN ORDINANCE APPROVING AN AIRPORT OFFICE RENTAL AGREEMENT AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES FOREST SERVICE 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, the United States Forest Service is desirous of renting and occupying an existing office space of approximately 1,400 square feet; and WHEREAS, the City of Pueblo and the United States Forest Service previously entered into the Airport Office Agreement dated May 1, 2018, which is hereby terminated and replaced with this Agreement as of the Effective Date; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Airport Office Rental Agreement (the “Agreement”), a copy of which is attached hereto and made a part hereof by reference, by and between the City of Pueblo, a Municipal Corporation, and the United States Forest Service for the use of approximately 1,400 square feet of office space located at the Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby approved subject to the conditions as set forth in said Agreement. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, a Municipal Corporation, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. 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 Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. 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 May 26, 2020 Final adoption of Ordinance by City Council on June 8, 2020 . President of City Council Action by the Mayor: ☒ Approved on June 10, 2020 . ☐ 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-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 26, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Greg Pedroza, Interim Director of Aviation SUBJECT: AN ORDINANCE APPROVING AN AIRPORT OFFICE RENTAL AGREEMENT AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES FOREST SERVICE AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: The United States Forest Service (USFS) is desirous of renting and occupying an existing office space of approximately 1,400 square feet at the Pueblo Memorial Airport. PREVIOUS COUNCIL ACTION: None. BACKGROUND This USFS has used the Pueblo Memorial Airport in the past as a fire base to provide air support for fighting forest fires. The Airport Office Rental Agreement is for a 6-month period beginning May 1, 2020 and ending October 31, 2020. FINANCIAL IMPLICATIONS: The USFS will pay $2,000.00 a month for the use of the office space. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Ordinance, the space will remain vacant. RECOMMENDATION It is the recommendation of the Aviation Department that City Council approve this Ordinance. Attachments: Ordinance Airport Office Rental Agreement AIRPORT OFFICE RENTAL AGREEMENT THIS RENTAL AGREEMENT ("Agreement") made and entered into as of May 1, 2020 ("Effective Date") between the City of Pueblo, a Municipal Corporation, "Owner,"and the United States Forest Service, "Renter." WITNESSETH: WHEREAS, the Owner is the owner and operator of the Pueblo Memorial Airport ("Airport"), together with the land on which said Airport is situated; and WHEREAS, Renter is desirous of renting and occupying an existing office space of approximately 1,400 square feet; and WHEREAS, Owner and Renter previously entered into the Airport Office Agreement dated May 1, 2018, which is hereby terminated and replaced with this Agreement as of the Effective Date. NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Land Parcel: The Owner hereby rents unto the Renter and Renter hereby rents from Owner for the term and upon the conditions hereinafter stated, the real property shown on Exhibit "A", attached hereto and made a part hereof, situated in the County of Pueblo, State of Colorado subject to existing easements and restrictions. The attached Exhibit"A"consists of a legal description, plot plan and diagram of the offices. The term "rented premises" means and includes the real property,office, and other improvements located on the real property. 2. Term and Termination: A. The initial term on this Agreement is from the Effective Date through October 31, 2020. Following the initial term, this Agreement will automatically renew for successive one-month terms unless earlier terminated by a party. B. All conditions and covenants contained herein shall remain in full force and effect during any and all extension periods. C. Either party may terminate this Agreement by providing at least thirty (30) days prior written notice to the other party stating that the Agreement shall terminate on a certain date. D. Upon any termination or expiration of this Agreement, Renter shall immediately remove all of Renter's property and repair any damage to the rented premises caused by Renter or the removal of its property. Renter shall ensure the rented -1- premises is in good condition,minor wear and tear excepted,and repair any damage or issues. 3. Rental Rate and Other Fees: A. In consideration of the rights and privileges contained herein, Renter agrees to pay a monthly fee, payable in advance upon the submission of proper invoice through the Invoice Processing Platform ("IPP"), of$2,000 for use of the rented premises. Owner must submit a monthly payment request through the IPP at the beginning of the month to be invoiced. All invoices once submitted will be paid in accordance with the Prompt Payment Act, which processes all invoices for payment within thirty (30) days of receipt of the invoice. The use of IPP is required for all of Renter's Contracts entered into where a Purchase Card is not authorized for payment. The use of a Government Purchase Card is not authorized under this Agreement for any payments. B. Only domestic wastewater shall be discharged from the rented premises to Owner's sanitary sewer system. Renter shall be subject to the same restrictions, conditions, fees and charges as other users of Owner's sanitary sewer system. C. The submission of the invoice is the responsibility of the Owner. Should Owner be delayed or encounter issues with submitting an invoice in any given month, Renter will provide guidance to Owner in submitting the invoice. Any delay in submission of the invoice shall not be the responsibility of the Renter but shall not excuse Renter of its duty to pay rent for that month or otherwise waive Renter's liability once the invoice is submitted. Should any invoice not be paid after proper submittal and approval in IPP, the Owner must contact the Contracting Officer to remedy payment issues first, before such non-payment shall be considered a material breach of this Agreement for which Owner may immediately terminate this Agreement. 4. Improvements and Use: A. Renter, at its sole cost and expense,may cause to be constructed and installed upon the rented premises additional improvements in accordance with plans and specification approved by Owner, including architectural approval, which consent will not be unreasonable withheld or arbitrarily delayed. The improvements shall be constructed in a good and workmanlike manner in accordance with applicable laws,ordinances and building codes and pursuant to a building permit issued by the Regional Building Department. Renter will not modify, alter, or improve any fixtures or improvements upon the rented premises, whether now existing or hereafter constructed, without the prior written approval of Owner, which approval shall not be unreasonably or arbitrarily denied or withheld. Costs of improvements, revisions, signs and alterations shall be borne solely by Renter and all such improvements, modifications, revisions or alterations shall upon expiration or termination of this agreement be removed without cost to Owner. Owner may, on -2- a case by case basis, allow the improvements to remain, in which case ownership of the improvements will immediately pass to Owner and Owner shall not be liable for the cost of said improvements. All improvements must be completed by trade professionals licensed, insured and permitted to conduct business within the City. B. The rented premises shall be used and occupied by Renter as an office facility. Renter shall have no right to utilize the rented premises, or any improvement thereon, other than as specifically allowed under this Agreement, and it is specifically understood that the rented premises shall not be used for an aviation fixed base operation or for the sale of aviation fuel. C. Renter grants to the Owner the right to enter the rented premises to do what is necessary for the purposes of repairing, replacing and/or maintaining any and all utility lines under the rented premises which serve other uses at the Pueblo Memorial Airport, it being understood that the Owner will repair, in a good and workmanlike fashion, any and all damage done to the rented premises as the result of work Owner performs hereunder. D. Renter shall maintain the rented premises in accordance with the requirements and regulations of the Owner and Owner's fire code. Renter shall be responsible for all costs, fees, charges and penalties associated with the discharge or release of any hazardous material (including petroleum products) or mitigating the containment or removal of any contamination or hazardous material (including petroleum products)near,on,over or under the rented premises which is caused by the Renter, its officers, agents, or employees. It is understood that the Renter is not responsible for any conditions, which may be determined to have existed prior to October 14, 1997. The storage and accumulation of aviation fuel, flammables, explosive liquids, or solids, waste,debris or other hazardous materials within or on the rented premises shall he in an environmentally sound manner and comply with all Federal, State and Local laws and regulations. E. Renter will not modify, alter, paint or improve the completed offices except to the extent required to maintain its original state. Any additional modification, painting or improvements to the offices or rented premises must receive prior written approval from the Owner, which approval shall not be unreasonably or arbitrarily denied or withheld. F. Renter shall not park or leave or allow to be parked or left automobiles on the taxiways or on pavement adjacent to the offices in a manner which interferes with or obstructs access to adjacent hangars or public ramp area. Parking of automobiles will be permitted only in paved designated parking areas. G. Notwithstanding the limitations set forth in Subsection B, no such activity will unreasonably interfere as determined by the Director of Aviation with the use of the Airport, including use of taxiways and aprons or the activities of other tenants of the Airport. 5. Maintenance Obligations: -3- Renter, at its expense, shall keep the rented premises and utilities extended to the rented premises in good repair and condition, and in a safe, sanitary, orderly, and sightly condition. No outside storage of parts, materials, equipment, inventory, or other material shall be permitted. Renter understands that snow removal within five(5) feet of the hangar door is the responsibility of Renter. 6. Signs: Renter shall not erect, paint or maintain any signs whatsoever upon the rented premises without first securing the written consent of the Owner. Any such signs shall comply with all ordinances and regulations of the Owner or standards which might be developed by the Department of Aviation. 7. Right of Inspection: The Owner reserves and retains for its officers, employees and authorized representatives the right to enter the rented premises during reasonable business hours, and after prior notice, for the purpose of inspecting and protecting the rented premises, and for doing any and all things which the Owner may deem necessary for the proper general conduct and operation of the Pueblo Memorial Airport,and in the exercise of the Owner's police power. 8. Taxes and Licenses: Renter covenants and agrees to pay promptly all valid taxes and other government charges of whatever nature assessed against or applicable to the rented premises or Renter or Renter's property or operations on the rented premises. Renter also covenants and agrees not to permit any mechanic's or material man's lien to be filed against the rented premises or any part or parcel thereof by reason of any work or labor performed or materials furnished by any contractor, subcontractor, mechanic or material man. Renter further covenants and agrees to pay promptly when due all bills, debts and obligations incurred by it in connection with its operations on the rented premises, and not to permit the same to become delinquent and to suffer no lien, mortgage, judgment or execution to be filed against the rented premises. 9. Indemnification: Renter assumes the risk of loss or damage to the rented premises and property thereon, whether from windstorm, fire, earthquake, snow, water run-off, or any other causes whatsoever. Renter covenants and agrees that it will indemnify and save harmless Owner, its officers, agents and employees from all demands, claims, costs, causes of action or judgments,and from all expenses incurred by Owner, in investigating or resisting the same, including reasonable attorney fees, arising from or growing out of the negligent acts or omissions of Renter, its contractors, agents, members, stockholders, employees, invitees, servants, subtenants, successors or assigns in connection with its use or occupancy or their use or occupancy of any portion of the Pueblo Memorial Airport, including the rented premises. The provisions of this Section 9 shall survive the termination of this Agreement. -4- 10. Insurance and Damage: A. Renter assumes all risk of loss, damage, injury and liability for the same that may occur to Renter, Renter's guests, Renter's aircraft and Renter's improvements and property in or upon the rented premises and Owner shall not be liable or responsible for any such loss, damage or injury, regardless of the cause thereof, including, without limitation, the negligence of Owner, its officers, agents or employees. B. Renter is self-indemnified and any damages will be addressed through the Contracts Disputes Act under FAR 52.233-1 — Disputes (MAY 2014). 11. Waivers and Hold Overs: No provision of this Agreement may be waived except by an agreement signed by the waiving party. A waiver of any term or provision shall not he construed as a waiver of any other term or provision. Should Renter hold over the use of or continue to occupy the rented premises after the termination or cancellation of this Agreement, such holding over shall be deemed merely a tenancy for successive monthly terms upon the same conditions as provided in this Agreement subject to termination upon seven (7) days prior written notice. 12. Inconvenience During Construction: Renter recognizes that from time to time it will be necessary for the Owner to initiate and carry forward programs of construction, reconstruction, expansion, relocation, maintenance and repair at and to the Pueblo Memorial Airport in order that the Pueblo Memorial Airport and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt Renter's operations at the Pueblo Memorial Airport. Renter agrees that no liability shall attach to Owner, its officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience or interruption, and for and in further consideration of the premises, Renter waives any right to claim damages or other consideration therefor, provided, however, that this waiver shall not extend to, or be construed to be a waiver of, any claim for physical damage to property resulting from negligence or willful misconduct of the Owner, its officers,agents,employees, contractors, subcontractors and representatives. 13. Place and Manner of Payments: In all cases where Renter is required by this Agreement to pay any rentals, rates, fees or other charges or to make other payments to Owner, such payments shall be made at the office of the Director of Aviation at the Pueblo Memorial Airport, or at such other place as Owner may hereafter designate by notice in writing to Renter and shall be made in legal tender of the United States and any check shall be received by Owner subject to collection. Renter agrees to pay any bank charges made for the collection of any such checks. 14. Assignments and Subletting: -5- Renter shall not assign this Agreement or any interest therein nor sublet the rented premises or any portion thereon without the prior written consent of Owner, which may be granted or denied within its sole and absolute discretion. 15. Agreements with United States: This Agreement is subject and subordinate to the terms, reservations, restrictions, provisions, and conditions of the deed of conveyance from the United States Government to the Owner and of any other existing or future agreement between the Owner and the United States, relative to the use,operation or maintenance of the Pueblo Memorial Airport and its appurtenant facilities, the execution of which has been or may be required as a condition precedent to the participation by any Federal Agency in the extension, expansions, or development of said Airport and facilities. 16. Renter's Default: A. Any one of the following shall constitute an event of default by Renter hereunder: (1) Failure of Renter to pay in full all delinquent installments of rent and/or combined service fees for a period of thirty (30) days after written notice and demand therefor are given by Owner to Renter. (2) Failure of Renter to perform or comply with any obligation, covenant or agreement of Renter hereunder other than payment of money for a period of thirty (30) days after written notice specifying such failure is given by Renter to Owner, except that if such obligation, covenant or agreement is not capable of being performed within said thirty (30) day period, Renter shall not be in default if Renter shall commence such performance within said thirty (30) day period and thereafter prosecute the same with diligence and continuity to completion. B. In the case of a continuing event of default by Renter, Owner shall have the following remedy in addition to all other rights and remedies provided by law or in equity, including without limitation, damages and specific performance: (1) Terminate this Agreement by fourteen (14) days prior written notice given to Renter specifying the date of termination and Renter shall within said fourteen (14) day period vacate the rented premises and surrender possession thereof to Owner. 17. Notices: All notices,required to be given to Owner hereunder, shall be in writing and be sent by certified mail to Pueblo Memorial Airport, Administration Office, 31201 Bryan Circle, Pueblo, Colorado 81001. All notices required to be given to Renter hereunder shall be in writing and sent by certified mail, addressed to USFS, Attn: Brian N. McCabe. Acquisition Management, 1617 Cole Blvd., -6- Lakewood, CO 80401, provided that the parties, or either of them, may designate in writing from time to time subsequent or supplementary persons or address in connection with said notices. The effective date or service of any such notice shall be the date such notice is mailed by Renter or Owner. 18. Law, Rules, Regulations, and Conditions: A. Renter, its officers, agents and employees shall faithfully observe and comply with all applicable federal, state and local laws, regulations and ordinances now existing or hereafter adopted relating to the use and occupancy of the Airport or rented premises including without limitation Chapter 1 of Title III of the Pueblo Municipal Code. B. Renter, its officers, agents and employees shall faithfully observe and comply with all minimum standards and rules regulating operations and activities from and upon the Airport adopted from time to time by Owner. Such minimum standards and rules shall not he applied arbitrarily,discriminatorily,or unreasonably. Except with respect to matters of public health and safety, if any provision of this Agreement shall conflict with any provision of the minimum standards and rules adopted or amended by Owner after commencement date, the conflicting provision of this Agreement shall control. C. Renter agrees 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. D. Renter agrees not to use the rented premises for commercial or residential uses and that all uses shall be substantially aeronautical. E. Renter 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. F. It is expressly understood by Renter 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 Renter shall be the sole responsibility of the Renter. G. Violation of airport security rules as now, or in the future may, exist shall he grounds for immediate termination of this Agreement. I-I. No person or automobile shall go beyond the immediate vicinity of the rented premises without the express written consent of the Director of Aviation. Automobiles must be parked in designated parking spaces or within the hangar, except that the hangar cannot be used solely for storage of automobiles. 19. F.A.A. Agreement Requirements: -7- A. The Owner reserves the right,without any obligation on its part to do so,to develop, modify, change, improve or abandon the Pueblo Memorial Airport or any part thereof, as it may determine in its sole discretion, at any time, regardless of the desires or view of Renter, and without interference or hindrance from Renter or liability to Renter. B. The Owner 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 Renter in this regard. C. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the Owner and the United States, relative to the use, development, operation, or maintenance of the Airport. D. Renter 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 rented premises, or in the event of any planned modification or alteration of any present or future building or structure on the rented premises. E. It is understood and agreed that nothing contained in this Agreement shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act. F. Owner 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 rented premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation or flight in said airspace, and for use of said airspace for landing on,taking off from, or operations on or over the Pueblo Memorial Airport. G. Renter by accepting this Agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure, building or object nor permit the growth of any tree on the rented premises to a height not to exceed 25 feet above ground level. In the event the aforesaid covenant is breached, the Owner reserves the right to enter upon the rented premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Renter. H. Renter shall not make use of the rented premises in any manner which might interfere with the landing and taking off of aircraft at Pueblo Memorial Airport or otherwise constitute a hazard to aviation. In the event the aforesaid covenant is breached, the Owner reserves the right to enter upon the rented premises and cause the abatement of such interference at the expense of the Renter. -8- If during the term of this Agreement, all or part of the rented premises should be taken or threatened to be taken for any public or quasi-public use under any governmental law or by right of eminent domain, or sold to the condemning authority under threat of condemnation, this Agreement shall terminate and the proceeds, if any, from such taking or sale shall he allocated between Owner and Renter in accordance with applicable condemnation law. J. Renter reserves the right to grant and to take easements or rights of way in, under, over and across the rented premises, in which event, Renter shall only be entitled to compensation for damages to hangars and other improvements of the Renter destroyed or damaged thereby, but not to damages for loss of use of the rented premises. 20. Nondiscrimination Assurances A. The Renter, for itself, its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the rented premises or ramp, for a purpose for which Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Agreement shall maintain and operate such facilities and services in compliance with all requirements imposes pursuant to 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as the regulations may be amended. B. The Renter, 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, disability or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the rented 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, sexual orientation, disability, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (iii) that the Renter shall use the rented 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. C. The Renter assures that it will undertake an affirmative action program as required by 14 CFR, Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, religion, disability, national origin, sexual orientation, or sex be excluded from participating in any contracting, leasing or employment activities covered in 14 CFR, Part 152, Subpart E. The Renter assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Renter assures that it will require that its covered sub-organizations provide assurances to the Renter that they similarly will undertake affirmative action programs and that they will -9- require assurances from their sub-organizations, as required by 14 CFR, Part 152, Subpart E, to the same effect. D. Renter agrees to operate the rented premises for the use and benefit of the public and to furnish good,prompt and efficient services adequate to meet all the demands for its services at the Airport, to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable, and not unjustly discriminatory prices for each unit of service,provided that Renter may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. 21. Miscellaneous: A. This Agreement and all of its covenants and provisions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, subtenants and approved assigns. B. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. C. This Agreement and any amendments hereto are subject to prior approval of the Federal Aviation Administration. D. The Renter's General Clauses, attached hereto as Exhibit "B," are hereby incorporated into this Agreement. In case of a conflict between the terms of this Agreement and the General Clauses, this Agreement shall control. E. Nothing in this Agreement 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 Agreement. F. Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred upon the Owner under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. X24-10-101, et seq. G. Renter is renting the premises "AS IS" in its present condition. Owner makes no representation or warranties with respect to the present or future condition, or suitability for a particular use of the rented premises or the Pueblo Municipal Airport. Owner shall be under no obligation to maintain the Pueblo Memorial Airport or any part thereof in a particular location or condition. If the Pueblo Memorial Airport shall permanently close or relocate, the use restrictions stated in Section 4 shall not apply,and the Renter may use the rented premises for any lawful use or purpose allowed by the then existing Pueblo Municipal Code, or in the -10- alternative, Renter may terminate this Agreement upon thirty (30) days prior written notice given to Owner. -11- IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the Effective Date. OWNER: RENTER: CITY OF PUEBLO, United States Forest Service A Municipal Corporation Rocky Mountain Region Digitally signed by BRIAN By 4_441e24004 By BRIAN MCCABE MCC ABt Date 2070.0591 16:38x71-06'00' Nicholas A. Gradisar Brian McCabe Title: Mayor Title: Contracting Officer -12- I a• I y,ci ±i p �'(' II I I .y t'°, "g Cl) (.0r 3 (TA .._ SA m _ z °' - r. 1' C { Iv 1 i . , asn - ' ):'-':': . : ,4, 44, I i :. 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