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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 �� - 4 1 . By: a la te: I / i/