HomeMy WebLinkAbout05591ORDINANCE NO. 5591
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA FOR
THE INSTRUMENT LANDING SYSTEM AT PUEBLO MEMORIAL AIRPORT,
AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
THAT:
SECTION 1.
A certain Agreement, under Lease No. DTFA11 - 90 -L- 00087, a copy
of which is attached hereto and made a part hereof by reference,
after having been approved as to form by the City Attorney, by
and between Pueblo, a Municipal Corporation, and the United States of
America, relating to the use of land for the Instrument Landing
System at Pueblo Memorial Airport to the United States - without
cost - be and the same is hereby approved.
SECTION 2.
The President of the Council is hereby authorized to execute
said Lease Agreement on behalf of Pueblo, a Municipal Corporation
and the City Clerk shall affix the Seal of the City thereto and
attest t he same.
SECTION 3:
This Ordinance shall become effective immediately upon final
approval.
INTRODUCED March 12, 1990
BY KENNETH HUNTER
Councilman
APPROVED:
ATTEST: r
President of the City Council
; 4y Clerk
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NORTHWEST MOUNTAIN REGION
17900 PACIFIC HIGHWAY SOUTH, C -68966
SEATTLE, WASHINGTON 98168
LEASE NO. DTFA11 -90 -L -00087
Localizer /Glide Slope /Middle
Marker
Pueblo, Colorado
LEASE
between
CITY OF PUEBLO
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this 26 th day of MARCH
in the year one thousand nine hundred and ninety by and between the City of
Pueblo, whose address is 31475 Bryan Circle, Pueblo, Colorado 81001, for
itself or its administrators, successors, and assigns, hereinafter called
the Lessor, and the United States of America, hereinafter called the
Government:
WITNESSETH: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
1. TERM.
For the term beginning July 1, 1990, and ending September 30, 1990,
the Lessor hereby leases to the Government the following described
property, hereinafter called the premises, viz:
a. Localizer Site:
A plot of land 40 feet by 40 feet located on Pueblo Memorial
Airport, Pueblo, Colorado, more particularly described as follows:
From a point on the Centerline of the West end of the existing Runway 8L
proceed along the Centerline a distance of 750 feet; thence, South 15
degrees West a distance of 200 feet to a point; thence, South 45 feet to a
point which is the point of beginning; thence West 20 feet to a point;
thence, South 40 feet to a point; thence, East 40 feet to a point; thence,
North 40 feet to a point: thence, West 20 feet to a point which is the
point of beginning. Together with a right -of -way for ingress and egress,
20 feet in width running in an Easterly direction for approximately 200
feet to the existing airport maintained perimeter road. Plot and right -of-
way contains 0.129 acres, more or less.
Lease No. DTFA11 -90 -L -00087
b. Glide Slope:
Page No. 2
A plot of land 40 feet in width and 330 feet in length located on
the Pueblo Memorial Airport, Pueblo, Colorado, more particularly described
as follows: From a point on the NE corner of Runway 25R proceed North 500
feet to a point; thence West 839 feet to a point which is the point of
beginning; thence North 20 feet to a point; thence West 330 feet to a
point; thence South 40 feet to a point; thence East 330 feet to a point;
thence North 20 feet to a point which is the point of beginning. Together
with a road right -of -way for ingress and egress 20 feet in width in a
Northerly direction for approximately 550 feet to intersect with the
airport- maintained perimeter road. Plot and right -of -way contain 0.56
acres, more or less.
c. Middle Marker:
A plot of land 40 feet in width and 50 feet in length located on
the Pueblo Memorial Airport, Pueblo, Colorado, more particularly described
as follows: From a point on the Centerline of the east end of Runway 26R
proceed East along the Centerline 3120 feet to a point which is the point
of beginning; thence South 20 feet to a point; thence East 50 feet to a
point; thence North 40 feet to a point; thence West 50 feet to a point;
thence South 20 feet to a point; which is the point of beginning. Together
with the road right -of -way for ingress and egress from the airport
maintained perimeter road adjoining and parallel to the plot on the North.
Plot of land containing .0046 acres of land, more or less.
(1) Together with a right -of -way for ingress to and egress from the
premises; a right -of -way for establishing and maintaining a pole line or
pole lines for extending electric power, and telecommunications facilities
to the premises; and right -of -way for subsurface power, communication and
water lines to the premises; all rights -of -way to be over the said lands
and adjoining lands of the Lessor, and unless herein described by metes and
bounds, to be by routes reasonably determined to be the most convenient to
the Government.
(2) And the right of grading, conditioning, and installing drainage
facilities, and seeding the soil of the premises, and the removal of all
obstructions from the premises which may constitute a hindrance to the
establishment and maintenance of Government facilities.
(3) And the right to make alterations, attach fixtures, and erect
additions, structures, or signs, in or upon the premises hereby leased,
which alterations, fixtures, additions, structures or signs so placed in or
upon, or attached to the said premises shall be and remain the property of
the Government, and may be removed upon the date of expiration or
termination of this lease, or within ninety (90) days thereafter, by or on
behalf of the Government, or its grantees, or purchasers of said
alterations, fixtures, additions, structures, or signs.
Lease No. DTFA11 -90 -L -00087 Page No. 3
2. RENEWAL.
This lease may, at the option of the Government, be renewed from year
to year without rental charge and otherwise upon the terms and conditions
herein specified. The Government's option shall be deemed exercised and
the lease renewed each year for one year unless the Government gives 30
days notice that it will not exercise its option, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy of the premises beyond September 30, 2010.
3. CONSIDERATION.
The Government shall pay the Lessor no monetary consideration in the
form of rental, it being mutually agreed that the rights extended to the
Government herein are in consideration of the obligations assumed by the
Government in its establishment, operation, and maintenance of facilities
upon the premises hereby leased.
4. TERMINATION.
The Government may terminate this lease, in whole or in part, at any
time by giving at least 30 days notice in writing to the Lessor. Said
notice shall be sent by certified or registered mail.
5. RESTORATION.
It is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and /or
rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that the Government may abandon
in place any or all of the structures and equipment installed in or located
upon said property by the Government during its tenure. Such abandoned
equipment shall become the property of the Lessor. Notice of abandonment
will be conveyed by the Government to the Lessor in writing.
4. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS.
The Lessor agrees not to erect or allow to be erected any structure or
obstruction of whatsoever kind or nature on the site or adjoining land
within the airport boundaries that may interfere with the proper operation
of the facilities installed by the Government under the terms of this Lease
unless consent hereto shall first be secured from the Government in
writing.
Lease No. DTFAI1 -90 -L -00087 Page No. 4
5. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES.
The Lessor agrees that any relocation, replacement, or modification of
any existing or future Government facilities covered by this Lease during
its term or any renewal thereof made necessary by airport improvements or
changes which in the Government's opinion interfere with the technical
and /or operational characteristics of the Government facilities will be at
the expense of the Lessor, except when such improvements or changes are
made at the written request of the Government. In the event such
relocations, replacements, or modifications are necessitated due to causes
not attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Government.
6. CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
This contract incorporates the following clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.203 -1 OFFICIALS NOT TO BENEFIT. (APR 1984)
52.203 -3 GRATUITIES. (APR 1984)
52.203 -5 COVENANT AGAINST CONTINGENT FEES. (APR 1984)
52.233 -1 DISPUTES. (APR 1984)
6. NOTICES.
All notices shall be in writing and sent by United States Certified or
Registered mail, return receipt requested, and shall be addressed as
follows (or to such other address as either party may designate from time
to time by notice to the other):
TO LESSOR: Director of Aviation
City of Pueblo
31475 Bryan Circle
Pueblo, Colorado 81001
Tel: (719) 948 -3355
TO GOVERNMENT: Federal Aviation Administration, ANM -56
17900 Pacific Highway South
C -68966
Seattle, Washington 98168
Tel: (206) 431 -2056
General correspondence may be forwarded to the above address via first
class mail.
Lease No. DTFA11 -90 -L -00087
Page No. 5
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their
names as of the date above written.
CITY OF.PUBLO
M'chael Occhiato
Title President of the City C ouncil
Date March 26,1 990
UNITED STATES OF AMERICA
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