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HomeMy WebLinkAbout04067RESOLUTION NO. 4067 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND E. L. FARMER & CO., AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SEC_.., TICN 1; A CERTAIN LEASE AGREEMENT, DATED THE 1 ST DAY OF MAY, 1977, 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 E. L. FARMER & CO., REIATING TO THE LEASE OF A PARCEL OF LAND CONTAINING 20 ACRES, AS DELINEATED IN EXHIBIT 1, LOCATED AT THE PUEBLO MEMORIAL AIRPORT, 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 THE SAME. SECTION 3; ALL NET PROCEEDS DERIVED FROM SAID LEASE AGREEMENT WILL BE USED FOR THE OPERATION, MAINTENANCE AND IMPROVEMENT OF THE AIRPORT. INTRODUCED OCTOBER 24, 1977 BY M E VIN H. T_AKAK_T... D -D-.S. COUNCILMAN APPROVED: �v PRESIDENT OF HE COUNCIL ATTEST: 141 i TY C R PUEBLO MEMORIAL AIRPORT 1 LEASE AGREEMENT THE LEASE AGREEMENT ENTERED INTO THIS I ST DAY OF — MAY, 1977. BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, HEREIN CALLED LESSOR, AND E.• L. FARMER & CO. P. 0. BOX 3512 ODESSA TEXAS 79760 HEREIN CALLED LESSEE, WITNESSETH : THAT IN CONSIDERATION OF THE PAYMENT OF RENT HEREINAFTER PROVIDED AND THE KEEPING AND PERFORMANCE OF EACH OF THE COVENANTS AND AGREEMENTS OF s THE SAID LESSEE HEREINAFTER SET FORTH, SAID LESSOR HAS AND DOES LEASE UNTO THE SAID LESSEE THE FOLLOWING DESCRIBED PREMISES SITUATE AT THE PUEBLO MEMORIAL AIRPORT, HEREINAFTER CALLED AIRPORT, IN THE COUNTY OF PUEB10, STATE OF COLORADO, TO -WIT: 10 ACRE SITE #9, WEST PARCEL, SECTION 26, TOWNSHIP, 20, RANGE 64 10 ACRE SITE #15, WEST PARCEL, SECTION 26, TOWNSHIP 20, RANGE 64 TO HAVE AND HOLD THE SAME UNTO THE SAID LESSEE FOR A TERM OF TWO CALENDAR YEARS FOR A LEASE PRICE OF $4,400.00: SITE # 9 -- $ 5.00 PER ACRE MAY 1, 1977 THRU DECEMBER 31,1977 ( 8 MONTHS) =$ 400.00 SITE # 9 -- 10.00 PER ACRE JANUARY 1, 1978 THRU APRIL 30,1979 (16 MONTHS)=$1600.00 SITE #15 -- 10.00 PER ACRE MAY 1, 1977 THRU APRIL 30, 1979 (24 MONTHS)= 2400.00 TOTAL $4400.00 PAYABLE AT THE RATE OF: $150.00 FROM MAY 1,1977 THRU DECEMBER 31, 1977 = $1200.00 $200.00 FROM JANUARY 1, 1978 THRU APRIL 30, 1979 = $3200.00 PER MONTH, IN ADVANCE, ON OR BEFORE THE TENTH DAY OF EACH MONTH THROUGHOUT THE TERM, AT THE OFFICE OF THE LESSORtS FINANCE DEPARTMENT, CITY HALL, PUEBLO, COLD. 1. RIGHTS AND PRIVILEGES OF LESSEE A. LESSEE SHALL HAVE THE EXCLUSIVE USE OF THE LEASED PREMISES FOR A PIPE STORAGE AREA. LESSEE SHALL NOT ASSIGN NOR SUBLET THE LEASED PREMISES OR ANY A.RT THEREOF. B. IF NOT IN DEFAULT HEREUNDER, LESSEE SHALL. HAVE THE RIGHT TO RENEW THIS LEASE USING THE FOLLOWING OPTIONS: OPTION #1; OPTION TO RENEW EITHER SITE #9 OR SITE #15 OR BOTH AT A RENTAL RATE OF $15.00 PER ACRE FOR THE MUSING TWO YEAR PERIOD, MAY 1, 1979 THROUGH APRIL 30, 1981. OPTION #2: OPTION TO RENEW LEASED SITE (S) AT A RENTAL RATE OF $20.00 PER ACRE FOR THE ENSUING TWO YEAR PERIOD, MAY I 1981 THROUGH APRIL 30, 1983. OPTION #3: OPTION TO RENEW LEASED SITE (S) AT A RENTAL RATE OF $25.00 PER ACRE FOR THE ENSUING TWO YEAR PERIOD, MAY 1, 1983 THROUGH APRIL 30, 1985. OPTION #k: OPTION TO RENEW LEASED SITE (S) AT A RENTAL RATE OF $30,00 PER ACRE FOR THE ENSUING TWO YEAR PERIOD MAY 1, 1985 THROUGH APRIL 30, 1987. PROVIDED LESSEE GIVES TO THE CITY WRITTEN NOTICE OF LESSEEIS DESIRE TO LEASE AT LEAST SIXTY (60) DAYS BEFORE EXPIRATION DATE. C. EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED HEREIN TO THE CONTRARY, LESSEE SHALL NOT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE DIRECTOR OF AVIATION MAKE IMPROVEMENTS, MODIFICATIONS, REVISIONS, INSTALLATION OF SIGNS OR OTHER ALTERATIONS TO THE LEASED PREMISES. COSTS OF APPROVED IMPROVEMENTS, MODFICCATIONS REVISIONS, SIGNS AND ALTERATIONS SHALL BE BORNE SOLELY BY LESSEE AND ALL SUCH IMPROVEMENTS, MODIFICATIONS, REVISIONS OR ALTERATIONS SHALL UPON EXPIRATION OF THE ORIGINAL TFRM OR ANY RENEWAL TERM OR PRIOR TERMINATION OF THIS LEASE FOR ANY RE"SON, BECOME AND REMAIN THE PROPERTY OF THE LESSOR. D. LESSEE, ITS EMPLOYEES AND INVITEES SHALL HAVE THE RIGHT OF INGRESS AND EGRESS BETWEEN THE MAIN ENTRANCE OF THE AIRPORT AS THE SAME NOW EXISTS OR McIY HERFAFTER BE RELOCATED AND THE LEASED PREMISES OVER, UPON AND THROUGH SUCH STREETS AND NO OTHER AS FROM TIME TO TIME SHALL BE DESIGNATED BY THE DIRECTOR OF AVIATION. D.P7VEWAYS FROM EXISTING STREETS INTO THE LEASED PREMISES SHALL BE LOCATED AS DESIGNATED BY THE DIRECTOR OF AVIATION. 2 a 2. RIGHTS AND PRIVILEGES OF LESSOR A. ALL RIGHTS NOT HEREIN GRANTED TO THE LESSEE ARE RESERVED TO LF,SSOR riNL) NOT111NC. 11E.111 CONTAINIA) `i10,LL BE CONSTRI.II-A) TO GRANT OR AUTHORIZE THL GRA+N'T'ING Olt t.N EXCLUSIVE RIG[rr WITHIN THE MEANING OF SECTION 308 OF THE FEDERAL AVI:'.TION A CT OF 1958. B. LESSOR SHALL HAVE FULL AND UNRESTRICTED RIGHT TO ENTER UPON THOSE PORTIONS OF THE AIRPORT OCCUPIED AND LEASED HEREIN BY THE LESSEE, AND LESSOR, ITS AGENTS OR REPRESENTATIVES SHALL BE PERMITTED TO INSPECT SAME AT ANY RE.iSONABLF HOUR. C. LESSOR RESERVES THE RIGHT TO MAINTAIN AND KEEP IN REPAIR THE LANDING AREA OF THI' AIRPORT j.ND ALL PUBLICLY OWNED FACILITIES OF THE AIRPORT BUT SHALL NOT BE OBLIGATED TO THE LESSEE FOR ANY FAILURE TO SO MAINTAIN OR KEEP IN REPAIR. D. THERE IS HEREBY RESERVED TO THE LESSOR, ITS SUCCESSORS AND ASSIGNS, FOR THE USE AND BENEFIT OF THE PUBLIC, A RIGHT OF FLIGHT FOR THE PASSr.GE OF AIRCIL.FT IN THE AIRSPACE ABOVE THE SURFACE OF THE PREMISES HEREBY LFitSED, TOGETHER WITH THE RIGHT TO CAUSE IN SAID AIRSPACE SUCH NOISE AS MAY BE IFHERII�T IN THE OPERATION OF A IRCRAFT, NOW KNOWN OR HEREAFTER USED, FOR N..VIGATION OF OR FLIGHT IN THE AIR, USING SUCH AIRSPACE OR LANDING AT, T —OFF FROM, OR OPERATING ON PUEBLO MEMORIAL AIRPORT. E. IT IS FtMTHER UNDERSTOOD AND AGRIEED THAT THIS AGREEMENT IS SUBJECT TO THE WRI'T'TEN PRIOR APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION :WI) 1ILa7' THE. PROVUSION S IIERFOF CANNOT BE NOI)IFIED WIT11011T PRIOR WRITTEN i \PI' ?;UV,1I, 1'.Y `.iit11) FEIDE:I?AL AVIATION A1)HINvj*mATIUf7. 3 F . X 3. OBL IGATIONS OF LESSEE' THE LESSEE, SHALL AT ITS OWN EXPENSE, KEEP THE PREMISES NE,�T, CLEr�N, S,�FE AND ORDERLY ,1T ALL TIML•S, FREE OF WASTE, RUBBISH AND DEBRI: , �`cND :�IU1I.L PROVIDE 1� CUM1'LE"rE AND PROPER ARRANGEMENT FOR THE St I,NITARY HANDLING AND DISPUSitL OF A LL TRASH, GARBAGE AND OTHER REFUSE RESULTING FROM LESSEEIS ACTIVITIES AT THE AIRPORT. E. LESSEE SHALL FURNISH AT ITS OWN EXPENSE AND PROMPTLY PAY FOR 6 +LL UTILITIES. C THE LESSEE AGREES TO INDEMNIFY, DEFEND, AND SAVE THE LESSOR, ITS AGENTS, OFFICERS, REPRESENTATIVES AND EMPLOYEES, ILARMLESS FROM AND AGAINST ANY AND ALL PENALTIES, LIABILITY OR LOSS INCLUDING COSTS AND ATTORNEY FEES RESULTING FROM CLAIMS OR COURT ACTION, WHETHER CIVIL, CRIMINAL OR IN EQUITY, AND ARISING DIRECTLY OR INDIRECTLY OUT OF ACTS OF THE LESSEE, HIS AGENTS, I;NVU)YEES, OR SERVANTS OIL TH1 ANY INJURY OR CASUALTY OCCURING ON THE LL\SED PREMISES D. LESSEE SI-WiLL NOT HOLD OR ATTEMPT TO HOLD LESSOR LIABLE FOR- ANY INJURY, INCLUDING LOSS OF LIFE, TO ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY WIiILL 014 THE LEASED PREMI:;ES, OR THE AIRPORT, IRRESPECTIVE OF HOW SUCH INJURY OR DAh1 MAY BE CADS I-1) OR OCCASIONED. 4. GEItiER4L"L CONDITIONS A. TH TERMS iUI D CUNDI.TIONS OF THIS LEASE AND LESSEEIS RIGHTS HEREUNDER ARE' HLR' E Y M,'iDE SUBJECT TO THE PROVISIONS OF TITLE Ill CHAPTER 1 OF 'file; j")71. C()bE OR ORDINANCES OF THE CITY OF PUEBLO al AS SAME MAY BE S11P,S ?:f1U)T1TLY <�VFNDE.D. IN THE I VII :T OF CONFLICT BETWEEN SAID CODE OF URI:iIi .NCI', AND ;,NY PROVISION HEREI,"., SAID CODE. SHALL CONTROL. 4 B. THE LESSEE, AS A P OF THE CONSIDERATION HEREOF, DOES HEREBY COVENANT AND AGREE, AS A COVENANT RUNNING WITH THE IAND, THAT IN THE EVENT FACILITIES ARE CONSTRUCTED, MAINTAINED, OR OTHERWISE OPERATED ON THE SAID PROPERTY DESCRIBED IN THIS LEASE FOR A PURPOSE FOR WHICH A DEPARTI` r OF M.' %NSPORT, PROGRAM OR ACTIVITY IS EXTENDED OR FOR ANOTHER PURPOSE INVOLVING THE PRWYISIUN OF SIMILAR SERVICES OR BENEFITS,, THE LESSEE SHALL MAINTAIN AND, OPERATE SUCH Ft +CILITIES AND SERVICES IN COMPLIANCE WITH ALL OTHER REQUIREMENTS IMPOSED PURSUANT TO TITLE 49, CODE OF FEDERAL REGULATIONS, DEPARTMENT OF T&e NSPUKTATION, SUBTITLE A, OFFICE OF THE SECRETARY, PART 21, NON - DISCRIMINATION IN FEDERALLY- ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION - EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND AS SAID REGULATIONS -MAY BE AMENDED. THE LESSEE', AS A PART OF THE CONSIDF.RATICN HEREOF, DOES HEREBY COVEN2�NT A ND AGREE, AS A COVENANT RUNNING WITH THE LAND, THAT (1) NO PERSON ON THE GROUNDS OF RACE, COLOR OR NATIONAL ORIGIN SHALL BE EXCLUDED FROM PtiRTICIPATION IN, DENIED THE BENEFITS OF, OR BE OTHERWISE SUBJECTED TO DIS- CRIMINATION IN THE USE OF THE LEASED PREMISES, (2) THAT IN THE CONSTRUCTION OF ANY IMPROVEMENTS ON, OVER, OR UNDER THE LEASED PREMISES AND THE FURNISHING OF SERVICES THEREON, NO PERSON ON THE GROUNDS OF RACE, COLOR, OR NATIONAL ORIGIN, SH[,LL BE EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR BE OTHER WISE SM.- JECTED TU DIjCRIMI (3) nlAT TILL LESSEE SIV1LL USE THE LEASED PREMISES IN COMPLIANCE WITH ALL OTHER APPLICABLE REQUIREMENTS IMPOSED BY OR PURSUANT TO TITLE 49, CODE OF FEDERAL REGUUkTIONS, DEPARTMENT OF TRANSPORTA- TION, :iUBTITI.i. i., OFFICE OF TILE SECRETARY, PART 21, NON - DISCRIMINATION IN FEDERALLY- z�SSISTLD PROGRAMS OF THE DEPARTMENT OF TRANSPORTATICN- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND AS SAID REGULATIONS MAY BE I.Ma. DED . THAT IN THE EVENT OF BREACH OF ANY OF THE ABOVE NON- DISCRIMINATION COVENANTS, LL:SSOR SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE AND TO RE- L ?.Ta,R la4D RPIPOSSESS SAID U►ND AND THE FACILITIES THEREON, AND HOLD THE SAME AS IF ':.'SID LEA!-3i, HAD NEVER BEEN MADE OR ISSUED. 5 C. THE LESSEE BY ACCEPTING THIS LEASE EXPRESSLY t1GREES THAT IT WILL NOT MAKE USE, OF THE LEASED PREMISES IN ANY MANNER WHICH MIGHT INTERFERF WITH THE Lf1NDING AND TAKING —OFF OF AIRCRAFT FROM PUEBLO MEMORIAL AIRPORT OR OTHERWISE CONSTITUTE A HAZARD. IN THE EVENT THE AFORESAID COVENANT IS BREACHED, THE LESSOR RESERVES THE SIGHT TO ENTER UPON THE HEREBY " LEO. '3I ?1) AND CAUSE THE ABATEMENT OF SUCH INTERFERENCE AT THE EXPENSE OF THE LESSEE: ' " I). THIS LEASE AND ALL THE PROVISIONS HEREOF ARE SUBJECT TO ALL RIGHTS THE UNITED STATES GOVERNMENT NOW HAS OR IN THE FUTURE MAY HAVE OR ACQUIRE, AFFECTING THE CONTROL, OPERATION, REGULATION, RE-ENTRY UPON AND TAKING OVER OF THE SAID AIRPORT INCLUDING THE LEASED PREMISES. E. THE LESSEE SHALL OBSERVE FAITHFULLY ALL RULES AND REGULATIONS AFFECTING USE OF THE AIRPORT, WHETHER ESTABLISHED BY THE DIRECTOR OF AVIe1,TICN, BY THE CITY OR OTHER POLITICAL SUBDIVISION HAVING JURISDICTION, BY THE STATE OF COLORADO OR THE UNITED STATES, OR AGENCIES THEREOF, INCLUDING BUT NOT LIMITED TO RULES AFFECTING THE OPERATION OF MOTOR VEHICLES UPON, TO AND FROM THE AIRPORT. F. THE LESSEE, AND ALL OFFICERS, AGENTS AND EMPLOYEES OF LESSEE, HEREBY AGREE TO BE BOUND BY AND SUBJECT TO ALL THE POLICE ORDINANCES OF PUEBLO, ,1 MUNICI.P, -1L CORPORikTION, ",TALL TIMES WHILE ON THE AIRPORT, WHETHER ACTING IN THE CUITRZ E OF U'l SEE'S BUSINESS OR OTHERWISE, TO ALL INTENTS AND PURPOSES THE St Off' , THOUGH THE LEASED IULMIS} S WERE LOCATED WITHIN THE CITY LIMITS OF L.ES S ON . G. THE LESSEE REPRESENTS THAT IT HAS INSPECTED THE AIRPORT AND ALL OF ITS PPENISES AND FACILITIES AND THAT IT ACCEPTS THE CONDITIONS OF SAME AND FULLY ASSUMES THE RISK INCIDENT TO THE USE THEREOF. THE LESSOR SHALL NOT BE LIABLE. TO THE LESSEE FOR ANY DAMAGES OR INJURIES TO THE PROPERTY OR PERSONNEL OF THE LESSEE WHICH RESULT FROM HIDDEN, LATENT OR OTHER DANGEROUS CONDITIONS ON Till: :+ IRPORT OR LEASED PREM ISF.S . 6 5. DEFAULT HOLDOVER AND NON - PERFORMANCE CONDITIONS A. THAT IF, AFTER THE EXPIRATION OF THE TERM OF THIS LEASE, LESSEE SHALL RFMA:It, IN POSSESSION OF THE LEASED PREMISES AND CONTINUE TO PAY RENT WI'CllOUT ANY EXPRI - -is WRITTEN AGRfEEMI'Ti'P AS TO SUCH HOLDING OVER, THEN LESSEE AGREES THAT ALL TERMS AND COVENANTS OF THIS LEASE SHALL REMAIN IN EFFECT, EXCEPT TkIAT LESSEE SHALL BE A TENANT FROM MONTH .TO MONTH AT A MONTHLY RENTAL EQUAL TO 150 OF THE RENT FOR THE LAST MONTH PAYABLE HEREUNDER. B. TfkT IF THE LESSEE SHALL BE DECLARED INSOLVENT OR BANKRUPT, OR IF A14Y ASSIGNMENT OF THE LESSEE'S PROPERTY SHALL BE MADE FOR THE BENEFIT OF CREDITORS OR OTHERWISE, OR IF LESSEE +S LEASEHOLD INTEREST HEREIN SHALL RE LEVIED UPON UNDER EXECUTION, OR SEIZED BY VIRTUE OF ANY WRIT OF ANY COURT OF LAW, OR A TRUSTEE IN BANKRUPTCY OR A RECEIVER APPOINTED FOR THE PROPERTY OF THE LESSEE, WHETHER UNDER THE OPERATION OF THE STATE OR THE FEDERAL STATUTES, THEN AND IN AINY SUCH CASE., THE LESSOR MAY, AT HIS OPTION, IMMEDIATELY WITH OR WITHOUT NOTICE, NOTICE BEING EXPRESSLY WAIVED, TERMINATE THIS LEASE AND IMMEDIATELY RETAKE POSSESSION OF SAID PREMISES WITHOUT THE SAME WORKING ANY FORFEITURE OF ANY ACCRUED OBLIGATIONS OF THE LESSEE HEREUNDER. THAT IF THE RENT ABOVE RESERVED, OR ANY PART THEREOF SHALL BE IN DEFAULT, OR IN CASE OF A BREACH BY THE LESSEE OF ANY OF THE COVENANTS OR AGRFF.MFNTS HERFTN, THE SAID LESSOR MAY DFCL1 RF, THIS LEASE TERMINATED, AND r,FT ?r:R TH! E;Y,PIKATION OF THREE' (3) DAYS FROM Tiff" DATE OF THE SERVICE. OF A WRITTEI, t ;OTICF. i'0 TIDY FFE'ECT, BE ENTITLED TO THE POSSESSION OF SAID PREMISES WITHOUT• : -,NY FURTHER NOTICE OR DEMAND. IF THE LESSOR SHALL BECOME ENTITLED TO 'CITE POSSESSION OF S,kII) PBEMISFS EITHER BY THE EXPIRATION OF THIS LEASE OR BY RN)' V101r..'FlON Lk aNY TERN OR PROV11:10N "-S HEREIN PROVIDED FUR, AND THE SAID LESSEE SHtiLL REFUSE TO SURRENDER AND DELIVER UP THE POSSESSION OF SAID PREMISES, AFTER THE SERVICE OF SAID NOTICE AS AFORESAID, THEN AND IN THAT EVENT, THE, SAIli LESSOR MAY, WITHOUT FURTHER NOTICE OR DEMAND, ENTER INTO AND UPON S"ID PREMISES, OR ANY PART THEREOF, AND TAKE POSSESSION THEREOF AND REPOSSESS THEM, AND EXPEL, REMOVE AND PUT OUT OF POSSESSION THE LESSEE, USING STICH lit ASSIST,,;" AND FORCE; IN SO DOING AS MAY BE NEEDFUL AND PROPER, WilliOUT PREJUDICE. TO ANY REMEDY ALLOWED BY L W, AVAILABLE IN SUCH CASES. 7 D. THAT IN CASE SAID PREMISES ARE LEFT VACANT AND ANY PART OF THE RENT HEREIN RESERVED BE DUE AND UNPAID, THEN THE LESSOR MAY, WITHOUT IN ANYWISE BEING OBLIGATED TO DO SO, AND WITHOUT TERMINATING THIS LEASE, RETAKE POSSESSION OF SAID PREMISES AND RENT THE SAME FOR SUCH RENT, AND UPON SUCH CONDITIONS AS THE LESSOR MAY THINK BEST, MAKING SUCH CHANGES AND REPAIRS AS MAY BC REQUIRED, GIVING CREDIT FOR THE AMOUNT'OF RENT SO RECEIVED LESS ALL EXPENSES OF SUCH CHANGES AND REPAIRS, AND SAID LESSEE SHALL BE LIABLE FOR THE BALANCE OF THE RENT HEREIN RESERVED UNTIL THE EXPIRATION OF THIS LEASE. E. IN THE EVENT THE LEASE AGREEMENT BE TERMINATED AS HEREIN PROVIDED, LESSOR SHOULD HAVE AND IS HEREBY GIVEN A LIEN UPON LESSEE fS EQUIP- MENT, FIXTURES, FURNITURE AND INVENTORY LOCATED IN OR UPON THE LEASED PREMISES FOR ELI. RENT, EXPENSES, ATTORNEY FEES AND COSTS THEN DUE OR TO BECOME P BY LESSEE HEREUNDER, r4,ND SUCH LIEN A"Y BE ENFORCED BY THE TAKING aND SALE. OF SUCH PROPERTY IN THE SAME MANNER AND AS PROVIDED FOR THE DISPOSITION OF COLIATERAL UNDER THE COLORADO UNIFORM COMMERCIAL CODE. F. LESSEE A GREES TO PAY TO LESSOR ALL COSTS, INCLUDING A REASONABLE ATTORNEY FEE, INCURRED BY LESSOR IN RECOVERING ANY RENT OR OTHER MCNEY DUE AND UNPAID UNDER THE TERMS OF THIS LEASE OR TO RECOVER POSSESSION OF THE LEASED PREMISES AFTER TERMINATION HEREOF. 6. S PEC L L CONDITIONS A. LESSEE AGREES THAT NO INFIAMABLE LIQUIDS OR HAZARDOUS MATERIALS f)P 1'010•.D IN TIN' FT I:TIISF.S. B. VIOL'�TIONS OF AIRPORT SECURITY RULES SHALL BE SUFFICIENT GROUNDS FOR TERI.IINATION OF THIS iiCREEMENT . B ,%NGE 7. MI SCELLANEOUS PROVISIONS +. Tli,, T NO ASSENT, EXPRESSED OR IMPLIED, TO ANY BREACH OF ANY ONF' OR MORE OF THE COVENANTS A ND AGREEMENTS HEREOF, SHALL BE DEEMED OR TAKEN TO BE .� WAIVER OF ANY SUCCEEDING OR OTHER BREACH. B. TILAT A LL COVENANTS AND AGREEMENTS IN THIS LEASE CONTAINED SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE HEIRS, SUCCESSORS, ASSIGNS AND LEG,�L REPRESENTATIVES OF SAID LESSOR AND SAID LESSEE. C. IF NOT IN DEFAULT HEREUNDER AND IN THE EVENT CITY DESIRES TO SELL 'rHE L,EASI;D 1'RFMISES, LLSSE'l" SHALL DURING THE ORIGINAL TERM OF THIS LEASE HAVE THE OPTION TO PURCHASE THE LEASED PREMISES AT A PURCHASE PRICE. F'011h,L TO THE FAIR MARKET VALUE THEREOF AS DETERMINED AT THE TIME OF PURC10SE BY AN INDEPENDENT QUALIFIED APPRAISER SELECTED BY THE CITY. EXECUTED AT PUEBLO, COLORADO, THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY Lf ?ft PUEBLO, A MUNICIPAL CORPORATION BY < PRESIDENT Of THE CO G E. L. FARMER & CO. 9 in r T ZIfiIHX3 I � I f t � ONILSIX3 00l l OOOO 10 I1 �— * \ t I v� bi ; RK cr NO � K Ilwa_ OD Oil N / III II Q' L o _ C� t I M ♦ . F