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
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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.
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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.
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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.
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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.
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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 .
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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.
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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
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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
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PRESIDENT Of THE CO G
E. L. FARMER & CO.
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