Loading...
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. 3 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. 7 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. EXHIBIT A T �r i ; y AN CI R c" RE A. c ` r PUEBL MEMORI AIRPOR I IS �G � �s: a._ , PUEBLO, COLORADO - i U - . F,& I_ HANGAR w �ti I 4RAGE � f3C1i K AS FE M kF ACT ; IRC =t= t 2 0 N ih . "vG "vLE ' f0 22. Flying Winds Hangar 2� t _ x _ s c? t r J rr + x '` y.. � S .A- at- u-- ?� -+-.r � _ �'�� -,. __._.�__ _'.•...*..___ .3.__ _, fit.,_ 3 _- �—=r' -._ ♦ F - . 1. � ... ..