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HomeMy WebLinkAbout05639ORDINANCE NO. 5639 AN ORDINANCE APPROVING A LAND LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AS LESSOR, AND THE UNITED STATES OF AMERICA AS LESSEE FOR LAND AT PUEBLO MEMORIAL AIRPORT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION l: The Land Lease Agreement between Pueblo, a Municipal Corporation as Lessor, and the United States of America dated July 1, 1990, relating to use of land at Pueblo Memorial Airport for the installation of a Facility for Weather Forecasting and Observation Activities, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney is hereby approved. gRrmTnM 7. The President of the Council is hereby authorized and directed to execute said Lease Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the Seal of the City thereto. SECTION 3: This Ordinance shall become effective upon final approval. INTRODUCED October 22, 1990 BY FAY KASTELIC Councilperson ATTEST: .y� c APPROV Pr si ent of the City Council City( Clerk STANDARD FORM 2 FEBR 19 U.S. GOVERNMENT ADMINI GENE R A1011 S E R V I CE S V CE S LEASE FOR REAL PROPERTY FIR (H CFR) 1 -11LBI i DATE OFLUSE July 1, 1990 I LEM NO. 060 WCF 90058 THIS LEASE, made and entered into this date by and between The City of Pueblo, Colorado whose address is 31475 Bryan Circle Pueblo, Colorado 81001 and whose interest in the property hereinafter described is that of owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Land at Pueblo Municipal Airport in Pueblo, Colorado more particularly described in Exhibit "A ", which Exhibit is attached hereto and made a part hereof, together with cable connections, easements and rights -of -way for in- gress and egress as well as all utility connections. to be used for weather forecast and observation activities 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1, 1991 December 31, 1991 ..................................................... _............. through .................................................. subject to termination and renewal rights as may be hereinafter set forth. at the rate of :- -� . • ............... ............................... per ................. .......................................... in arrears. Rent for a lesser perio;Nball be prorated. Rent checks shall be made payable to: 4. The Government may terminate at any time by giving at least . ........................ days' notice in writing to the Lessor and no rental shall accrue after th ective date of termi oe. Said notice shall be computed commenc- ing with the day after the date of mailing. S. 'Ibis lease may be renewed at the option of vernmen , r the following terms and at the following re before the ntals: provided no ' given in writing to the Lessor at least ..................... days bre end of the or ' al lease term or an newal term; all other terms and conditions of this lease shall remain the same during any renewal ter 2 -106 DRIGINAL 7. The following are attached and made a part hereof: General Clauses (ARIA Lease Agreements) dated July, 1989 and consisting of 5 pages. Paragraph 9 attached. Exhibit "A ". 8. The following changes were made in this lease prior to its execution: The following "Standard Form 2A -- edition" were deleted from Paragraph 7. Paragraphs 3, 4, 5 and 6 were deleted in their entirety. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. UESSOR City of Pueblo, Colorado APPROVED AS TO FORM: a icipal Corporation ------- ?`�'� -- -- - --------------------- ------ - - -� ------- - - - - -- - - - -- THOMAS JAGG , / 'E"1"2">< ATTORNEY MIC EL OCCHIATO . e/ IN DRFSE oF: ___ ___ ______ ______ PRESIDENT OF THE CITY COUNCIL r _ 1 CITY HALL PLACE, PUEBLO, CO. 81003 -- - -- -- - ----- - -- - -- M i MEAD - CITIIS�tN F±�t RK (.lddress) UNITED STATESar-- fiERICADe g meat of Commerce, National Oceanic and Atmospheric Administration Real Property Contracting Officer r r -- - — - - - - - -- �- ---- - - - - -- - ----------------- - - - - -- --------- - - - - -- - - - -- ------------------------------ - - - - -- - - - -- (Sijwerrt ... (OQF�id ritltl . STANDARD FORM 2 4 U.B. cv0: 1987- 181- 247r9OOSs '.FEBRUARY 1%5 EDITION LEASE NO. 060 -WCF 90058, CONT. 9. During the term of this lease, the Lessor agrees to prohibit the future construction or maintenance of buildings, land embankments or other structures, on property of the Lessor, within 300 feet of the boundary line of the property described in Exhibit "A ", which exceed a height of 40 feet above ground level. Initials & Lessor Government Lease Number 060WCF 90058 GENERAL CLAUSES (ARIA Lease Agreements) 1. 552.270 -10 - DEFINITIONS (JUN 1985) (a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor," respectively. (b) If the lease is a sub - lease, the term "Lessor" means the sub - lessor. (c) The term "Lessor shall provide" means the Lessor shall furnish and install. 2. RENEWAL OPTIONS (FEB 1989) This lease may be renewed at the option of the Government from year to year upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year, unless the Government gives the Lessor written notice thirty (30) days prior to the expiration of this lease or any renewal thereof, that it will not exercise its option. Provided, however, that no renewal shall extend this lease for a period more than fifty (50) years from the effective date of this lease. All other terms and conditions of this lease shall remain the same during any renewal term. 3. AIRPORT AND AIRWAY IMPROVEMENT ACT (OCT 1988) This land is being furnished pursuant to the Airport and Airway Improvement Act (ARIA), 49 U.S.C. app. Sec. 2201 et sea. (1982), which provides that airport owners or operators will furnish without cost to the Federal Government for use in connection with weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings necessary or desirable for construction at Federal expense of space or facilities for such purposes. 4. LEASEHOLD IMPROVEMENTS (NOV 1988) The Government is acquiring the leased premises for the purpose of constructing and operating a facility for use in connection with weather - reporting activities. The Government shall have the right during the existence of this lease or any renewals thereof to construct, maintain, alter, and replace any structures, fixtures, additions, improvements, and signs in, on, upon, or attached to the leased premises which are necessary for the full benefit thereof, and all such structures, ixtures, additions, Initials & / Lessor Government Page 1 of 5 AAIA 7/89 Lease Number 060WCF 90058 improvements, and signs 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 nine (9) months thereafter, by or on behalf of the Government, or by purchasers of such structures, fixtures, additions, improvements, and signs. Alternatively, the Government shall have the option of disposing of any structures it has erected on the property as provided herein, or any additions thereto, in the manner described at paragraph 8 of these General Clauses. 5. RIGHTS -OF -WAY (OCT 1988) The Government shall have rights -of -way for ingress to and egress from the premises; rights -of -way, including the right to connect to existing utilities for establishing and maintaining power and telecommunications to the premises; and rights -of -way for subsurface power, sewer, water and fuel lines, and access roads 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. 6. SITE PREPARATION (OCT 1988) In preparation for construction of facilities, the Government shall have 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 construction. 7. RELOCATION OF GOVERNMENT'S FACILITIES BY LESSOR (FEB 1989) If at any time during the period of this lease or any renewal thereof, the Lessor desires to change the location of sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies its facilities (runways or other areas) , or permits others to change or modify such facilities in such a manner so as to adversely affect or render useless the Government's equipment, facilities and /or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government, shall be at the expense of the Lessor. 8. RESTORATION (FEB 1989) At the expiration of this lease, or any extended term thereof, or upon termination thereof by the Government at any time prior thereto, or within nine (9) months after such expiration or termination, the Government shall have the right to remove all structures erected on the property in accordance with paragraph 4 above; provided, however, that the Government and the Lessor may mutually agree upon additional ti e for such r oval. Initials Lessor Government Page 2 of 5 AAIA 7/89 - - -fir Lease Number 060WCF 90058 Within ninety (90) days after removing permanent improvements, or within such additional time as may be mutually agreed upon, the Government shall restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease by grading, conditioning and seeding the soil in order to prevent deterioration of the land. Changes to the premises in accordance with paragraphs 5 and 6 above, and damage by natural elements and by circumstances over which the Government has no control are excepted. Alternatively, the Government and the lessor may agree that title to all the improvements on said premises shall become the property of the lessor, in full satisfaction of any obligation to restore the property recited elsewhere in this lease. 9. FEDERAL TORT CLAIMS ACT (OCT 1988) To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Section 2671 et sea. the Government assumes full control and sole responsibility for its equipment, personnel and activities incident to this lease. 10. 552.270 -18 - LESSOR'S SUCCESSORS (JUN 1985) The terms and provisions of this lease and the conditions herein shall bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 11. 52.203 -1 - OFFICIALS NOT TO BENEFIT (APR 1984) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 12. 52.203 -3 - GRATUITIES- DEVIATION (NOV 1988) (a) This lease may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative- - (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. Initials Page 3 of 5 Lessor & Government AAIA 7/89 Lease Number 060WCF 90058 (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled -- and (1) To pursue the same remedies as in a breach of the contract; (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 13. 52.203 -5 - COVENANT AGAINST CONTINGENT FEES - DEVIATION (APR 1984) The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) 14. LESSOR CERTIFICATION REGARDING HAZARDOUS SUBSTANCES AND /OR WASTE (FEB 1989) The Lessor represents and certifies that to the best of his or her knowledge -- (a) That the leased property is not and was not a site used for any of the following operations: (1) generation of hazardous substances and /or waste, Initials 7 f-t� & Lessor G MA ' Page 4 of 5 Government AAIA 7/89 Lease Number 060WCF 90058 (2) treatment, or temporary or permanent storage, or disposal of solid or hazardous substances and /or waste, (3) storage of hazardous substances and /or waste, or petroleum products, (4) used /waste oil storage or reclamation units, (5) laboratory or rifle range, (6) chemical manufacturing or storage, (7) military or intelligence weapons or ammunition training or testing, (8) ordnance and /or weapons production, storage, or handling, or (b) That if any of the above operations ever occurred at the site that appropriate cleanup or other action was performed in accordance with the local, state and Federal laws and that documentation of such cleanup will be provided. The Lessor acknowledges that this certification regarding hazardous substances and /or waste is a material representation of fact upon which the Government relies when executing this lease. If it is later determined that the presence of hazardous substances and /or waste, or inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to take the necessary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the Government may terminate the lease. This is in addition to other remedies available to the Government. Initials Page 5 of 5 & Govern ent Lessor AAIA 7/89 r .. AG t21m .. TYPICAL NOM/#7ITATON SET THIS SURVEY fDC" ACTUAL SIZE) V YELLOV PLASTIC CAP ON 15 REAR. _S 66' 02' 03' V 0 U-L'\,TDAR Y S UR VE Y A PARCEL OF LAND BEING A PORTION OF THE NW 114 OF THE SE 114 OF SECTION 26, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN I 45' I, I$ �S P �0 n h n N 3 1 /.' ALUM CAP ON 2 316' \ 1 2 ALUM PIP£ STAT PLANE COORDINATES N 561,17 \ � ELL 465093 $� 41943 — — � POINT OF BEGINNING N 66. 02' 02' E_ _ WILLIAM WHITE BOULEVARD (PROPOSED 150' R.QVJ 45' I U Q J cL nI 3 a � � W Z J C I 3 I� N V. CDRAE7P FOND 07 RE IN cuickETE V 114 CaMER rVLND AXLE IN CLFCRETE h $a 2 +�q t ,.- ;l u � t.i fie. k y ' t ,Ih 11A - A 3966, I� 1 A NV 114 P. �I SV COR. 5 PARCEL .,a AM do SECTION 26, TOWNSHIP 20 SOUTH RANGE 64 WEST OF THE 6th P.M. SCALE 1' • Iwo d 59d 1xv 2ft0' y0Y• TYPICAL CITY MONUMENT �i PRO -ECT MAC, PUEBL4 CO - VFD CLIN FILE, I{ SCALE P . 50' t � fr f` . a m m 1 1S0' LEGAL DLSCRI PTIOL this 1• to 2HI01 yJ. 1 11 c.relt/ t• hies- Dt.lsl, 2.t. ..d tN {..Toes! 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[ 230.00 [..tor .d2..t.•.A). 7• t•+••rt area.; diet....• t• :rid feet ; Thest• 1 1 :'- OS' -O7' L, t dLt•ac• o! 419.03 feat dLL•c•s s grid !arts, of 0.999676617 .a• t•;. All hest!.[• is the P•t •t of Nasln.l es. •Nn .r. sees•; •. t►• a art tlsa that tN •os... 11•• •[ t\• ADEL EAC[AEERIAG PRfFESSIOVALS " {Yl /1 •f ]sett•. TO hoot• t 00•- ;1' -7]' V. 7• rt 104 E. 7th STREET / Pa Sala 1826 Said Verret c.etsl•. 2.10 .cr•s .ere er l.... .stases; ►..,L:t to grid hearing• route c•aet.r- cleckeis• PVEDLO COLORADO 61002 00'- ;6' -IJ'. ,719) 546 -2235 .W. 89- 356 -00