HomeMy WebLinkAbout4857RESOLUTION N0. 48'57
A RESOLUTION APPROVING A LEASE ADDENDUM
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND E.L. FARMER AND COMPANY
RELATING TO UNIMPROVED LAND AT THE PUEBLO
MEMORIAL AIRPORT.
BE. IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
THAT:
SECTION 1.
The Lease Addendum dated the 14th day of September, 1981,
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 and Company, relating to the lease of unimproved
land at the Pueblo Memorial Airport, be and the same is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized and
directed to execute said Agreement for and on behalf of the City
and the City Clerk is directed to attest the same and affix
the seal of the City thereto.
INTRODUCED September 14 , 1981
By ISAAC C. DURAN
Councilperson
APPROVED:
Preside the undo
ATTEST:
City Clerk
LEASE ADDENDUM
This Lease Addendum entered into this 14th day of September,
1981, by and between the City of Pueblo, a municipal corporation
(herein Lessor) and E. L. Farmer and Company, P.O. Box 3512,
Odessa, Texas, 79760 (herein Lessee),
W I T N E S S E T H
WHEREAS, Lessor and Lessee entered into a Lease Agreement
dated May 1, 1977, for certain unimproved land at the Pueblo
Memorial Airport (said Lease Agreement is herein referred to as
"Lease" and the leased premises thereof is herein referred to as
"original leased premises "), and
WHEREAS, Lessor is desirous of relocating Lessee to other
land at the Pueblo Memorial Airport described in Exhibit A attached
hereto (herein referred to as "new leased premises ") and Lessee
is willing to so relocate upon the terms and conditions set forth
herein,
NOW THEREFORE, in consideration of the foregoing and mutual
promises herein set forth, Lessor and Lessee agree as follows:
1. Lessee shall vacate the original leased premises and
relocate its pipe storage business to the new leased premises
on or before one year from the date the new leased premises are
made ready for pipe storage by Lessor's substantial completion
of the improvements called for in paragraph 2 of this Lease
Addendum. The date, one year after the date of completion of
these improvements, shall be called herein the "commencement
date." The Lease as to the original leased premises shall terminate
upon Lessee removing the pipe stored on the original leased premises,
without making additions thereto as provided for in paragraph 5,
or on the commencement date, whichever occurs first, and the Lease
shall be deemed to be amended by substituting the description of
the new leased premises for the description of the original leased
premises.
2. Lessor shall make the following improvements to the new
leased premises:
(a) Install chain link fence with a gate along the north
boundary line and 100 feet along the east and west line thereof.
Fence the balance of the boundaries of the new leased premises
with a 3 strand barbed wire fence and install a gate on the south
boundary line thereof.
(b) Install or cause to be installed 16 street lights of
the same size as now exist on the original leased premises.
(c) Treat the new leased premises for weeds.
(d) Level the new leased premises for adequate drainage.
(e) Surface roads on the new leased premises of the same
footage and with the same surface materials as now exist on the
original leased premises.
(f) Protect the Colorado Interstate Gas transmission line
located on the new leased premises against truck loads of 75,000
pounds.
(g) Install a railroad spur tract from existing railroad
tracks south of the new leased premises to accomodate five railroad
cars plus 140 feet and slag base a road adjacent to the spur. After
installation by Lessor, the spur shall only be used by tenants and
owners of airport property subject to the Lessor's reasonable rules
and regulations relating to the use thereof.
3. All fence, lights and other improvements made to and now
on the original leased premises and owned by Lessee shall remain
thereon as the property of Lessor.
4. Lessee shall pay the same per acre rent for the 25 acres
of new leased premises as is set forth in the Lease for the original
leased premises, which rent shall commence when Lessee has relocated
its pipe storage business to the new leased premises or upon
commencement date, whichever occurs first.
-2-
5. Lessee shall not store pipe delivered to it for storage
on the original leased premises after the date upon which the
improvements are substantially completed by Lessor as set forth
in paragraph 2, but shall cause same to be delivered and stored
on the new leased premises. It is understood and agreed that
the Lessee will vacate the original leased premises, on or before
the commencement date, in the normal course of business by loading
out customers' pipe stored on the original leased premises as
customers call for delivery. During this period of time no
additional pipe will be stored on the original leased premises;
provided however, should normal outloadings not result in the
removal of all of the pipe stored on the original leased premises
by the commencement date, Lessee shall have the obligation to
remove the remaining pipe by the commencement date.
6. Permission is hereby granted to Lessee to construct or
install a temporary building upon the new leased premises and to
remove same at termination of the Lease upon restoring the new
leased premises to its former condition. The plans and location
of the building shall be first approved by the Director of Aviation.
7. If Lessee shall not be in default under the Lease, Lessee
is hereby given the option to Lease under the Lease and subject
to all its terms and conditions, an additional ten acres of land
to be mutually selected by Lessor and Lessee contiguous and adjacent
to the easterly boundary of the new leased premises as generally
located on the attached Exhibit A. The rent to be paid for said
ten acres shall be based upon the fair market value of the land
and be mutually agreed to by Lessor and Lessee. Lessee shall give
written notice of the exercise of its option prior to February 1,
1983.
8. If any part of the original leased premises is needed
by Lessor prior to commencement date, Lessor shall have the right,
-3-
at its sole cost and expense, to move pipe stored thereon to the
new leased premises and thereafter the Lease as to that part of
the original leased premises from which pipe is so moved shall
terminate.
9. All of the terms and provisions of the Lease as amended
by substituting the description of the leased premises shall remain
in full force and effect and be binding upon Lessor and Lessee
and their successors.
10. Lessor and Lessee shall mutually cooperate in accomplishing
the intent and purpose of this Lease Addendum.
11. Lessor shall have the right at all times to enter upon
the new leased premises for the purpose of maintenance, repair
and replacement of sewer and water lines located thereon.
12. This Lease Addendum shall be binding upon and inure to
the benefit of the Lessor and Lessee and their successors.
Executed the day and year first above written.
ATTEST:
PUEBLO, A MUNICI L CORPORATION
By
Presiden he cil
City Cl k ( r V 1
E. L. FARMER & COMPANY
es
-4-