HomeMy WebLinkAbout4660RESOLUTION NO. 46r,n
A RESOLUTION APPROVING A LEASE BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AS
LESSOR, AND FLYING WINDS, INC., AS
LESSEE FOR LAND AT PUEBLO MEMORIAL
AIRPORT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The Lease Agreement between Pueblo, a Municipal corporation
as Lessor, and Flying Winds, Inc., a Colorado corporation, dated
September 22, 1980, a copy of which is attached hereto and incorporated
herein, having been approved by the City Attorney is hereby approved.
SECTION 2.
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.
INTRODUCED September 22- , 1980
By DOUGLAS L. RING
Councilman
APPROVED:
President of the Council
ATTEST:
j C' y C r
v
LEASE AGREEMENT
THIS LEASE AGREEMENT ENTERED INTO THIS 22 ND DAY OF SEPTEMBER, 1980
BETWEEN THE CITY OF PUEBLO A MUNICIPAL CORPORATION, HEREIN CALLED LESSOR,
AND FLYING WINDS, INC., A COLORADO CORPORATION
727 THATCHER BUILDING PUEBLO COLORADO 81003
HEREIN CALLED LESSEE.
WITNESSETH:
THAT IN CONSIDERATION OF THE KEEPING AND PERFORMANCE OF THE COVENANTS
AND AGREEMENTS OF THE SAID LESSEE HEREINAFTER SET FORTH SAID LESSOR HEREBY
COVENANTS AND AGREES AS FOLLOWS:
LESSEE SHALL HAVE THE IMMEDIATE EXCLUSIVE AND ENTIRE USE AND OCCUPANCY
OF THE FOLLOWING DESCRIBED PREMISES:
A PARCEL OF LAND CONTAINING .1136 ACRES OF LAND
AS DESCRIBED IN EXHIBIT A ATTACHED HERETO,
FOR A TERM OF 20_ YEARS OR UNTIL THE 22 ND DAY OF SEPTEMBER, 2000
WITH AN OPTION TO RENEW FOR AN ADDITIONAL PERIOD OF 10 YEARS SUBJECT TO
THE TERMS AND CONDITIONS AS SET FORTH HEREIN, SAID LAND IS LOCATED AT THE
PUEBLO MEMORIAL AIRPORT IN THE COUNTY OF PUEBLO STATE OF COLORADO.
WITNESSETH:
THAT IN CONSIDERATION OF THE KEEPING AND PERFORMANCE OF THE COVENANTS
OF THE CITY HEREINAFTER SET FORTH THE LESSEE HEREBY COVENANTS AND AGREES AS
FOLLOWS:
A. LESSEE AGREES TO PAY TO THE CITY AT THE FINANCE OFFICE AT CITY HALL,
PUEBLO, COIORAD0 AS RENTAL FOR SAID USE AND OCCUPANCY FOR THE FIRST 20 YEARS
OF THIS LEASE, AN ANNUAL FEE OF $1,000.000
IT IS MUTUALLY AGREED THE ANNUAL RENTAL FOR THE RENEWAL PERIOD, IF THE
OPTION IS EXERCISED, COMMENCING SEPTEMBER 22, 2000 SHALL BE MUTUALLY AGREED
TO AT THAT TIME.
B. FOR THE USE OF THE SERVICES AND FACILITIES NOW PROVIDED BY THE
CITY AT THE AIRPORT; NAMELY, SEWAGE DISPOSAL, STREET MAINTENANCE, FIRE
PROTECTION AND STREET LIGHTS LESSEE AGREES TO PAY A FEE OF $190.00 PER ACRE
PER YEAR OR $21.58 FOR THE SAID .1136 ACRES, PAYABLE IN ADVANCE WITHOUT
NOTICE. THIS USE RATE CHARGE IS SUBJECT TO INCREASE OR DECREASE BY THE LESSOR
FIVE YEARS FROM THE DATE HEREOF AND EVERY FIVE YEARS THEREAFTER DURING THE TERM
OF THE LEASE OR ANY EXTENSIONS THEREOF, ON EACH FIVE YEAR ANNIVERSARY OF THE
COMMENCEMENT DATE THE USE RATE CHARGE SHALL BE ADJUSTED FOR THE INCREASE OR
DECREASE, IF ANY, IN THE COST OF LIVING FOR THE PREVIOUS FIVE YEAR PERIOD,
USING AS THE BASIS OF SUCH COMPUTATION THE "REVISED CONSUMERS PRICE INDEX -
CITIES" (HEREAFTER CALLED INDEX) PUBLISHED BY THE BUREAU OF LABOR STATISTICS
OF THE UNITED STATES DEPARTMENT OF LABOR, THE COMPUTATION SHALL BE MADE BY
USING THE INDEX FIGURE IN FORCE AS OF THE COMMENCEMENT DATE PROPORTIONATELY
TO $21.58, AND ADJUSTING THE COMPENSATION UPWARD OR D0IINWARD PROPORTIONATELY TO
THE INDEX FIGURE IN FORCE AS OF EACH FIVE YEAR ANNIVERSARY PERIOD. THE BASE
FIGURE ON EACH ADJUSTMENT DATE SHALL BE $21.58. IN NO EVENT SHALL THE ANNUAL
USE RATE CHARGE TO BE PAID TO THE CITY BE LESS THAN $21.58. IF PUBLICATION OF
THE INDEX IS DISCONTINUED, THE PARTIES HERETO SHALL ACCEPT COMPARABLE STATISTICS
ON THE COST OF LIVING FOR THE CITY OF PUEBLO AS COMPUTED AND PUBLISHED BY AN
AGENCY OF THE UNITED STATES OR BY A RESPONSIBLE FINANCIAL PERIODICAL OF RECOGNIZED
AUTHORITY THEN TO BE SELECTED BY THE PARTIES.
C. THE ANNUAL RENTALS PROVIDED HEREUNDER SHALL BE PAYABLE IN ADVANCE
ON OR BEFORE THE 1 ST DAY OF OCTOBER WITHOUT NOTICE,
1. RIGHTS AND PRIVILEGES OF LESSEE
A. LESSEE WILL ERECT A HANGAR, DIMENSIONS APPROXIMATELY 48 FEET BY
41 FEET ON THE ABOVE PREMISES; FOR THE STORING OF THE LESSEE'S AIRCRAFT AND
OTHER PROPERTY. THE CONSTRUCTION OF SUCH BUILDING IN ALL RESPECTS SHALL BE IN
COMPLIANCE WITH THE CITY CODE OR CODES EFFECTIVE AT THE TIME OF ERECTING SUCH
BUILDING AND SHALL BE INSPECTED AND APPROVED BY CITY INSPECTORS PRIOR TO
OCCUPATION THEREOF, AND ALL OTHER RESTRICTIONS AND PROVISIONS OF THIS AGREEMENT
RELATING TO BUILDINGS AND STRUCTURES ON THE AIRPORT SHALL BE OBSERVED AT ALL
TIMES.
ALL CONSTRUCTION ON OR MODIFICATION OF THE PREMISES IN ANY FASHION
SHALL BE MADE AT THE SOLE EXPENSE OF THE LESSEE, THE LESSEE SHALL REPAIR ALL
DAMAGES TO THE DEMISED PREMISES OR OTHER PORTIONS OF THE AIRPORT CAUSED BY ITS
USE AND OCCUPANCY.
2
ALL SIGNS SHALL BE APPROVED BY THE AIRPORT SUPERINTENDENT BEFORE
INSTALLATION, OR BEFORE BEING PAINTED UPON ANY BUILDINGS.
LESSEE AGREES THAT IF CONSTRUCTION OF THE HANGAR IS NOT STARTED
WITHIN THREE MONTHS FROM THE DATE OF THIS LEASE AND COMPLETED WITHIN SIX MONTHS
THEREAFTER, CITY MAY, SOLELY AT ITS OPTION, CANCEL THIS LEASE IN ITS ENTIRETY.
ANY AREA USED FOR AUTOMOBILE PARKING SHALL BE PROPERLY GRADED FOR
DRAINAGE AND SHALL BE SURFACED WITH CONCRETE, ASPHALTIC CONCRETE, ASPHALT, OR
OTHER DUST -FREE SURFACING AND MAINTAINED IN GOOD CONDITION FREE OF WEEDS,
DUST, TRASH AND DEBRIS.
B. LESSEE, ITS EMPIOYEES AND INVITEES SHALL HAVE THE RIGHT OF INGRESS
AND EGRESS BETWEEN THE MAIN ENTRANCE OF THE AIRPORT AS THE SAME NOW EXISTS OR
MAY HEREAFTER 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 AIRPORT
SUPERINTENDENT. DRIVEWAYS FROM EXISTING STREETS INTO THE LEASED PREMISES SHALL
BE LOCATED AS DESIGNATED BY THE AIRPORT SUPERINTENDENT.
2. RIGHTS AND PRIVILEGES OF LESSOR
A. AIL RIGHTS NOT HEREIN GRANTED TO THE LESSEE ARE RESERVED TO LESSOR
AND NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO GRANT OR AUTHORIZE THE GRANTING
OR AN EXCLUSIVE RIGHT WITHIN THE MEANING OF SECTION 308 OF THE FEDERAL AVIATION
ACT 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 REASONABLE
HOUR.
C. LESSOR RESERVES THE RIGHT TO MAINTAIN AND KEEP IN REPAIR THE
LANDING AREA OF THE AIRPORT AND ALL PUBLICLY OWNED FACILITIES OF THE AIRPORT, BUT
SHALL NOT BE OBLIGATED TO THE LESSEE FOR ANY FAILURE TO SO MAINTAIN OR KEEP IN
REP AIR.
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 PASSAGE OF
AIRCRAFT IN THE AIRSPACE ABOVE THE SURFACE OF THE PREMISES HEREBY LEASED TO-
GETHER WITH THE RIGHT TO CAUSE IN SAID AIRSPACE SUCH NOISE AS MAY BE INHERENT IN
THE OPERATION OF AIRCRAFT NOW KNOWN OR HEREAFTER USED FOR NAVIGATION OF OR FLIGHT
IN THE AIR USING SUCH AIRSPACE OR LANDING AT TAKING OFF FROM, OR OPERATION ON
PUEBIO MEMORIAL AIRPORT.
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3. OBLIGATIONS OF LESSEE
A. THE LESSEE SHALL, AT ITS OWN EXPENSE, KEEP THE PREMISES NEAT,
CLEAN, SAFE AND ORDERLY AT ALL TIMES, FREE OF WASTE, RUBBISH AND DEBRIS, AND
SHALL PROVIDE A COMPLETE AND PROPER ARRANGEMENT FOR THE SANITARY HANDLING AND
DISPOSAL OF ALL TRASH, GARBAGE AND OTHER REFUSE RESULTING FROM LESSEE'S
ACTIVITIES AT THE AIRPORT. NO OUTSIDE STORAGE OF PARTS, MATERIALS, EQUIPMENT,
INVENTORY, OR OTHER MATERIAL SHALL BE PERMITTED.
NO OILS, ACIDS, STRONG ALKALINES, SOLVENTS ETC., SHALL BE PER-
MITTED TO ENTER THE SANITARY SEWER SYSTEM,
B. LESSEE SHALL FURNISH AT ITS 00 EXPENSE AND PROMPTLY PAY FOR
ALL UTILITIES,
C. THE LESSEE AGREES TO INDEMNIFY, DEFEND, AND SAVE THE LESSOR, ITS
AGENTS, OFFICERS, REPRESENTATIVES AND EMPLOYEES, HARMLESS 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, EMPLOYEES, OR
SERVANTS, OR THROUGH ANY INJURY OR CASUALTY OCCURING ON THE LEASED PREMISES.
D. LESSEE SHALL NOT HOLD OR ATTEMPT TO HOLD LESSOR LIABLE FOR ANY
INJURY, INCLUDING LOSS OF LIFE, TO ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY
WHILE ON THE LEASED PREMISES, OR THE AIRPORT, IRRESPECTIVE OF HOW SUCH INJURY
OR DAMAGE MAY BE CAUSED OR OCCASIONED,
E. THE LESSEE AGREES TO COMPLY WITH THE NOTIFICATION AND REVIEW
REQUIR12MTS COVERED IN PART 77 OF THE FEDERAL AVIATION REGULATIONS IN THE
ERECTION OF THE HANGAR ON THE LEASED PREMISES, AND IN THE EVENT OF ANY MODI-
FICATION OR ALTERATION TO THE HANGAR IN THE FUTURE,
F. THE LESSEE BY ACCEPTING THIS LEASE EXPRESSLY AGREES FOR ITSELF,
ITS SUCCESSORS AND ASSIGNS THAT IT WILL NOT ERECT NOR PERMIT THE ERECTION OF
ANY STRUCTURE OR OBJECT, NOR PERMIT THE GROWTH OF ANY TREE ON THE LAND LEASED
HEREUNDER, ABOVE A MEAN SEA LEVEL ELEVATION APPLICABLE TO THE MOST CRITICAL AREAS
OF THE PARCEL CONTAINED IN THE LEASE IN ACCORDANCE WITH PART 77 OF THE FEDERAL
AVIATION REGULATIONS. IN THE EVENT THE AFORESAID COVENANT IS BREACHED, THE
LESSOR RESERVES THE RIGHT TO ENTER UPON THE LAND LEASED HEREUNDER AND TO REMOVE
THE OFFENDING STRUCTURE, OR OBJECT, OR CUT THE OFFENDING TREE, ALL OF WHICH SHALL
BE AT THE EXPENSE OF THE LESSEE,
G. LESSEE SHALL CONSTRUCT AND MAINTAIN AT ITS OWN EXPENSE, FREE FROM
LEAKS AND UNSANITARY CONDITIONS, ALL SElfffi SERVICE LINES OTHER THAN AS SHOWN
AND DESIGNATED ON THE OFFICIAL AIRPORT MAP, AS MAY BE NECESSARY TO HIS ENJOYMENT
AND USE OF THE LEASED PREMISES.
4
4. OBLIGATIONS OF LESSOR
A. LESSOR AGREES TO MAINTAIN ANY SETt AND WATER EASEMENTS AS THE
SAME ARE SHOWN ON THE OFFICIAL AIRPORT MAP.
5, GENERAL CONDITIONS
A. IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS SUBJECT
TO THE WRITTEN PRIOR APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION AND THAT
THE PROVISIONS HEREOF CANNOT BE MODIFIED WIHOUT PRIOR WRITTEN APPROVAL BY SAID
FEDERAL AVIATION ADMINISTRATION.
B. THE TERMS AND CONDITIONS OF THIS LEASE AND LESSEES RIGHTS HERE-
UNDER ARE HEREBY MADE SUBJECT TO THE PROVISIONS OF TITLE III CHAPTER 1 OF THE
1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO AND AS SAME MAY BE SUBSEQUENTLY
AMENDED. IN THE EVENT OF CONFLICT BETWEEN SAID CODE OF ORDINANCES AND ANY
PROVISIONS HEREIN, SAID CODE SHALL CONTROL.
C. THE LESSEE, AS A PART OF THE CONSIDERATION HEREOF, DOES HEREBY
COVENANT AND AGREE, AS A COVENANT RUNNING WITH THE LAND, 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 DEPARTMENT OF
TRANSPORTATION PROGRAM OR ACTIVITY IS EXTENDED OR FOR ANOTHER PURPOSE INVOLVING
THE PROVISION OF SIMILAR SERVICES OR BENEFITS, THE LESSEE SHALL MAINTAIN AND
OPERATE SUCH FACILITIES AND SERVICES IN COMPLIANCE WITH ALL OTHER REQUIREMENTS
IMPOSED PURSUANT TO TITLE 49 CODE OF FEDERAL REGULATIONS, DEPARTMENT OF
TRANSPORTATION, 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 CONSIDERATION HEREOF, DOES HEREBY COVENANT
AND AGREE, AS A COVENANT RUNNING WITH THE LAND, THAT (1) NO PERSON ON THE GROUNDS
OF RACE, COLOR, SEX, OR NATIONAL ORIGIN SHALL BE EXCLUDED FROM PARTICIPATION IN,
DENIED THE BENEFITS OF, OR BE OTHERWISE SUBJECTED TO DISCRIMINATION 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, SEX, OR NATIONAL ORIGIN SHALL BE EXCLUDED
FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR OTHERWISE BE SUBJECTED TO
DISCRIMINATION, (3) THAT THE LESSEE SHALL USE THE LEASED PREMISES IN COMPLIANCE
WITH ALL OTHER APPLICABLE REQUIREMENTS IMPOSED BY OR PURSUANT TO TITLE 49, CODE
OF FEDERAL REGULATIONS, DEPARTMENT OF TRANSPORTATION, 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.
5
THAT IN THE EVENT OF BREACH OF ANY OF THE ABOVE NON - DISCRIMINATION
COVENANTS, LESSOR SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE AND TO RE -ENTER
AND REPOSSESS SAID LAND AND THE FACILITIES THEREON AND HOLD THE SAME AS IF SAID
LEASE HAD NEVER BEEN MADE OR ISSUED.
D. THE LESSEE BY ACCEPTING THIS LEASE EXPRESSLY AGREES FOR ITSELF
ITS SUCCESSORS AND ASSIGNS THAT IT WILL NOT MAKE USE OF THE LEASED PREMISES IN
ANY MANNER WHICH MIGHT INTERFERE WITH THE LANDING 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 RIGHT TO ENTER UPON THE
PREMISES HEREBY LEASED AND CAUSE THE ABATEMENT OF SUCH INTERFERENCE AT THE
EXPENSE OF THE LESSEE.
E. THIS LEASE AND ALL PROVISIONS HEREOF ARE SUBJECT TO ALL RIGHTS
THE UNITED STATES GOVERNMENT NOW HAS OR IN THE FUTURE MAY HAVE OR ACQUIRE
AFFECTING THE CONTROL, OP ERATION REGULATION, RE -ENTRY UPON AND TAKING OVER OF
THE SAID AIRPORT, INCLUDING THE LEASED PREMISES.
F. THE LESSEE SHALL OBSERVE FAITHFULLY ALL RULES AND REGULATIONS
AFFECTING USE OF THE AIRPORT WHETHER ESTABLISHED BY THE AIRPORT SUPERINTENDENT,
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.
G. 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,
A MUNICIPAL CORPORATION, AT ALL TIMES WHILE ON THE A.IRPORT WHETHER ACTING IN
THE COURSE OF LESSEEIS BUSINESS OR OTHERWISE, TO ALL INTENTS AND PURPOSES THE
SAME AS THOUGH THE LEASED PREMISES WERE LOCATED WITHIN THE CITY LIMITS OF LESSOR,
H. THE LESSEE REPRESENTS THAT IT HAS INSPECTED THE AIRPORT AND ALL OF
ITS PREMISES 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 RESULTS FROM HIDDEN, LATENT OR OTHER DANGEROUS CONDITIONS ON THE
AIRPORT OR LEASED PREMISES.
6. DEFAULT HOLDOVER AND NON - PERFORMANCE CONDITIONS
A. THAT IF AFTER THE EXPIRATION OF THE TERM OF THIS LEASE, LESSEE
SHALL REMAIN IN POSSESSION OF THE LEASED PREMISES AND CONTINUE TO PAY RENT
I
WITHOUT ANY EXPRESS WRITTEN AGREEMENT AS TO SUCH HOLDING OVER, THEN LESSEE
AGREES THAT ALL TERMS AND COVENANTS OF THIS LEASE SHALL REMAIN IN EFFECT,
EXCEPT THAT LESSEE SHALL BE A TENANT FROM MONTH TO MONTH AT A MONTHLY RENTAL
EQUAL TO 125% OF THE RENT FOR THE LAST MONTH PAYABLE HEREUNDER.
B. THAT IF THE LESSEE SHALL BE DECLARED INSOLVENT OR BANKRUPT, OR
IF ANY ASSIGNMENT OF THE LESSEE'S PROPERTY SHALL BE MADE FOR THE BENEFIT OF
CREDITORS OR OTHERWISE, OR IF LESSEE'S LEASEHOLD INTEREST HEREIN SHALL BE
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 STATUES,
THEN AND IN ANY SUCH CASE, THE LESSOR MAY, AT HIS OPTION, IMMEDIATELY WITH OR
WITHOUT NOTICE, NOTICE BEING EXPRESSLY WAIVED, TERMINATE THIS LEASE AND IM—
MEDIATELY RETAKE POSSESSION OF SAID PREMISES WITHOUT THE SAME WORKING ANY
FORFEITURE OF ANY ACCRUED OBLIGATIONS OF THE LESSEE HEREUNDER.
C. 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
AGREEMENTS HEREIN, THE SAID LESSOR MAY DECLARE THIS LEASE TERMINATED, AND IF
AFTER THE EXPIRATION OF TEN (10) DAYS FROM THE DATE OF THE SERVICE OF A WRIITTEN
NOTICE TO THE EFFECT SUCH BREACH OF DEFAULT HAS NOT BEEN CORRECTED, LESSOR SHALL
BE ENTITLED TO THE POSSESSION OF SAID PREMISES WITHOUT ANY FURTHER NOTICE OR
DEMAND. IF THE LESSOR SHALL BECOME ENTITLED TO THE POSSESSION OF SAID PREMISES
EITHER BY THE EXPIRATION OF THIS LEASE OR BY ANY VIOLATION OF ANY TERM OR
PROVISION AS HEREIN PROVIDED FOR, AND THE SAID LESSEE SHALL 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 SAID LESSOR MAY, WITHOUT FURTHER NOTICE
OR DEMAND, ENTER INTO AND UPON SAID PREMISES, OR ANY PART THEREOF, AND TAKE
POSSESSION THEREOF AND REPOSSESS THEM, AND EXPEL, REMOVE AND PUT OUT OF POSSESSION
THE LESSEE, USING SUCH HELP, ASSISTANCE AND FORCE IN SO DOING AS MAY BE NEEDFUL
AND PROPER, WITHOUT PREJUDICE TO ANY REMEDY ALLOWED BY LAW, AVAILABLE IN SUCH
CASES.
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 S0, AND T ol ITHOUT 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 BE 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.
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E. IN THE EVENT THE LEASE AGREEMENT BE TERMINATED AS HEREIN PROVIDED,
LESSOR SHOULD HAVE, AND IS HEREBY GIVEN, A LIEN UPON LESSEE'S EQUIPMENT, FIXTURES,
FURNITURE, AND INVENTORY LOCATED IN OR UPON THE LEASED PREMISES FOR ALL RENT,
EXPENSES, ATTORNEY FEES AND COSTS THEN DUE OR TO BECOME PAYABLE BY LESSEE
HEREUNDER, AND SUCH LIEN MAY BE ENFORCED BY THE TAKING AND SALE OF SUCH PROPERTY
IN THE SAME MANNER AND AS PROVIDED FOR THE DISPOSITION OF COLLATERAL UNDER THE
COLORADO UNIFORM C014MMCIAL CODE,
F. LESSEE AGREES TO PAY TO LESSOR ALL COSTS, INCLUDING A REASONABLE
ATTORNEY FEE, INCURRED BY LESSOR IN RECOVERING ANY RENT OR OTHER MONEY DUE AND
UNPAID UNDER THE TERMS OF THIS LEASE OR TO RECOVER POSSESSION OF THE LEASED
PREMISES AFTER TERMINATION HEREOF.
7. SPECIAL CONDITIONS
A. THE HANGAR AND ANY APPURTENANCES ERECTED ON THE LEASED PREMISES
SHALL BECOME, AT THE EXPIRATION OF THIS LEASE, INCLUDING ANY RENEWALS THEREOF,
EITHER BY LAPSE OF TIME OR BY FORFEITURE, THE SOLE PROPERTY OF THE CITY, FREE
AND CLEAR OF ANY INCUMBRANCES WHATSOEVER,
B. LESSEE AGREES THAT NO INFLAMABLE LIQUIDS OR HAZARDOUS MATERIALS
SHALL BE USED OR STORED IN THE HANGAR OR THE LEASED PREMISES; EXCEPTING THE
FUEL IN THE AIRCRAFT FUEL TANKS OR IN THE TANK OF A STORED AUTOMOBILE.
C. IT IS EXPRESSLY UNDERSTOOD THAT NO PERSON OTHER THAN THE LESSEE
OR HIS REGULAR EMPLOYEE MAY PERFORM SERVICES (INCLUDING BUT NOT LIMITED TO
MAINTENANCE AND REPAIR) ON THE AIRCRAFT STORED IN THE HANGAR ON THE LEASED
PREMISES,
D. LESSEE AGREES THAT NO COMMERCIAL ACTIVITIES WILL BE CONDUCTED
FROM THE HANGAR OR LEASED PREMISES.
E. IT IS EXPRESSLY UNDERSTOOD BY LESSEE THAT SECURITY IN THE HANGAR
AREA, AS ELSEWHERE ON THE AIRPORT IS VITAL.
ONLY THE OWNER OF THE AIRCRAFT STORED IN THE HANGAR, HIS EMPLOYEES
OR INVITEES WILL BE PERMITTED IN THE AREA AND THE AIRCRAFT OWNER SHALL BE
RESPONSIBLE FOR THE ACTIONS OF THESE PEOPLE.
NO PERSON OR VEHICLE SHALL GO BEYOND THE AREA ADJACENT TO THE
HANGAR ON THE RAMP, WITHOUT EXPRESSED PERMISSION IN WRITING FROM THE AIRPORT
SUPERINTENDENT, EXCEPT IN LAWFUL DEPARTURE BY AIRCRAFT.
F. VIOLATIONS OF AIRPORT SECURITY RULES SHALL BE SUFFICIENT GROUNDS
FOR TERMINATION OF THIS AGREEMENT.
rA
8. MISCELLANEOUS PROVISIONS
A. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSEE SHALL NOT
ASSIGN, TRANSFER OR SUBLEASE THE ABOVE PREMISES OR ANY PART THEREOF WITHOUT
THE PRIOR WRITTEN CONSENT OF THE CITY.
B. THAT NO ASSENT, EXPRESSED OR IMPLIED, TO ANY BREACH OF ANY ONE
OR MORE OF THE COVENANTS AND AGREEMENTS HEREOF SHALL BE DEEMED OR TAKEN TO BE
A WAIVER OF ANY SUCCEEDING OR OTHER BREACH,
C. THAT ALL COVENANTS AND AGREEMENTS IN THIS LEASE CONTAINED SHALL
BE BINDING UPON AND INURE TO THE BENEFIT OF THE HEIRS, SUCCESSORS, ASSIGNS
AND LEGAL REPRESENTATIVES OF SAID LESSOR AND SAID LESSEE.
EXECUTED AT PUEBLO, COLORADO THE DAY AND YEAR FIRST WRITTEN
o
PUEBLO, A MUNICIPAL CORPORATION
BY P(.�L Gr, i `; f U/�'� /fit 9 �3
PRESIDENT OF THE COUNCIL
LESSEE:
FLYING WINDS, INC.
A COLORADO CORPORATION
/P r 12-z.
ATTEST:
CITY C
9
FLYING WINDS, INC., A COLORADO CORPORATION
HANGAR LAND LEASE
PUMA MEMORIAL AIRPORT
A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 25,
T -20-S, R- 65- :A'EST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SECTION 30, T -20-S,
R -63 -W; THENCE NORTH 0 0 08 1 40 " WEST AND ALONG THE WEST SIDE OF SAID
SECTION 30, A DISTANCE OF 381.54 FEET; THENCE SOUTH 88 0 18'05" WEST,
A DISTANCE OF 225 FEET; THENCE NORTH O1 0 41155" WEST, A DISTANCE OF
372.66'; THENCE SOUTH 88 0 18'05" WEST, A DISTANCE OF 211 THENCE
NORTH O1 0 41' 55" WEST, A DISTANCE OF 65 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH O1 °41' 55" WEST, A DISTANCE OF
66 FEET; THENCE SOUTH 88 °18'05" WEST, A DISTANCE OF 75 FEET;
THENCE SOUTH O1 0 41'55" EAST, A DISTANCE OF 66 FEET; THENCE
NORTH 88 0 18'05" EAST, A DISTANCE OF 75 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL OF LAND CONTAINS .1136 ACRES.
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