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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-