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 ..
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