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HomeMy WebLinkAbout5019RESOLUTION NO. 5019 A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL COR- PORATION AND THE SKY CORRAL R/C CLUB RELATING TO A RECREATIONAL MODEL AIRPLANE FACILITY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Management Agreement dated August 1, 1982 between Sky Corral R/C Club and Pueblo, a Municipal Corporation, relating to a recreational model airplane facility developed on a portion of the "Honor Farm" property, having been approved as to form by the City Attorney, 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 same and affix the Seal of the City thereto. ATTEST: tl INTRODUCED: August 23 , 1982 By ISAAC C. DURAN Councilman APPROVED: n� Preside the Council MANAGEMENT AGREEMENT This Management Agreement made and entered into this lst day of August, 1982, by and between the City of Pueblo, State of Colorado, a Municipal Corporation ( "the City ") and the Sky Corral R/C Club of Pueblo, Colorado ( "Club "), WITNESSETH THAT: WHEREAS, the City holds a lease from the State of Colorado for certain real property located in Pueblo County, Colorado, and WHEREAS, the City is desirous of developing a portion of the land as a recreational model airplane facility, and WHEREAS, Club is an organization having knowledge of model airplane facilities and expertise in the operation of such facilities. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter provided the City and Club hereby enter into a Management Agreement for the development, operation and maintenance of a recreational model airplane facility on those premises parti- cularly described as Land to be Leased to Sky Corral on Exhibit "A ", attached hereto and incorporated herein. I. MANAGEMENT AGREEMENT SUBJECT TO TERMS OF SUPERIOR LEASE This Management Agreement and all the terms, covenants, and conditions herein and use of the premises are in all respects subject and subordinate to the Lease between the City as Lessee and the State of Colorado as Lessor, dated June 24, 1974 (herein "Base Lease ") said Lease between the City and State of Colorado including the property which is subject of this Management Agreement. II. TERM OF THE MANAGEMENT AGREEMENT Unless otherwise terminated as herein provided, Club shall have and hold the premises without limitation or interruption commencing at 12:00 o'clock noon on the 1st day of August, 1982, and terminating at 12:00 o'clock noon on the 1st day of July, 1994 A .D. III. TERMINATION AND DEFAULT Section 3.1. One Year Notice This Management Agreement may be terminated by mutual consent or may be terminated by either party giving written notice to the non - terminating party one (1) year prior to the desired termination date. Section 3.2 Default If either party be in default here- under, the non - defaulting party may give written notice specifying the default to the defaulting party. If the defaulting party shall not correct such default within thirty (30) days after receipt of said notice or if said default cannot be corrected within said thirty day period and the defaulting party shall fail to commence action to correct said default within said thirty day period and thereafter diligently pursue such corrective action, the non - defaulting party may upon an additional ten (10) days notice terminate this Agreement and except for accrued rights and liabilities hereunder upon termination each party shall be relieved from all duty and obligation hereunder. Section 3.3. Termination of Base Lease Upon termination of the Base Lease, this Management Agreement shall terminate unless the State of Colorado agrees to recognize and keep in force this Management Agreement. IV. UTILITIES Club agrees to pay for the construction of all access roads to the premises, the extension of all utility services to the premises required or requested by Club, any and all utility bills (including electricity, water, telephone and heat) it may incur during the course of this Management Agreement, and all taxes and assessments levied against the premises, improvements, furniture and equipment thereon. V. CONTROL AND MAINTENANCE Section 5.1. Possession The City covenants that insofar as it is able it will put Club into exclusive control and possession of the premises and Club shall have the quiet enjoyment of the premises so long as Club is in full compliance with the covenants herein. Section 5.2. Waste and Obeying Laws Club shall not conduct any waste on the premises and shall comply with all valid laws, -2- ordinances and regulations affecting its use of the above - described premises and activity conducted thereon. Club agrees to indemnify and save harmless the City, its officers, agents and employees from all claims for and penalties incurred by any act or omission of Club in violation thereof. Section 5.3 Insurance Club agrees to provide at its expense, insurance for the premises and all activities conducted thereon, including insurance for all model airplane events. The terms, provisions and amounts of liability, and hazard and extended coverage insurance, shall be approved by the City Attorney. Club shall furnish copies of all policies for such insurance to the City. Section 5.4. Liability for Injury or Damage Club shall be in exclusive control and possession of the premises as provided herein, and the City shall not, in any manner whatsoever, be liable for any injury or damage to any property or to any person happening on the premises, nor for any injury or damage to the premises, nor to any property of Club, resulting from the use and operation of the premises by Club. As to the City, Club agrees to assume risk of all injuries, including death resulting therefrom, to persons, and damage to and destruction of property including loss of use thereof resulting directly or indirectly, wholly or in part, from the wrongful or negligent acts or omissions of Club, its officers, agents or employees or the use of the premises thereof by Club or by others under Club's supervisions and control, and to indemnify and save harmless the City, or the employees or agents thereof from and against any and all such liability arising therefrom except through negligence of the City or its employees. Section 5.5. Access. Club shall permit the City or its authorized agent to enter the premises at all reasonable hours for the purpose of inspection. The City will allow Club rea- sonable access to the premises across the property described as Roadway Easement to Sky Corral on Exhibit "A ". The City shall retain the right to cross the property described on Exhibit "A" if necessary in order to have access to other properties of the City or properties which the City controls. -3- Section 5.6. Surrender and Hold -Over Period Club agrees it will peaceably surrender the premises and all improvements at the termination of this Management Agreement unless prior to termination Club and the City otherwise agree in writing. Section 5.7 Club agrees it will not allow liens or encumbrances to be placed on the premises or improvements by its acts or as a result of its operation on the premises. Section 5.8. Operation The scheduling of model airplane events and the conduct and operation of such events, including frequency of .events and type of events shall be the responsibility of Club and within its discretion. VI. DEVELOPMENT Section 6.1 Master Plan All improvements to the premises and buildings and structures constructed thereon and other development of the model airplane facility shall be constructed and performed by Club at its sole cost and expense and only in accordance with a Master Plan submitted to and approved by the City Manager of City prior to any such construction or development. No changes in the Master Plan shall be made without the prior approval of the City Manager. Section 6.2 No building or other improvement of a permanent nature, whether or not included in the Master Plan, shall be'constructed or placed upon the premises until after Club shall have first given written notice to the City describing the proposed building or other improvements and its location on the premises at least one hundred (100) days prior to the commence- ment of construction of such building and improvement. Any structures or improvements of a permanent nature shall receive the prior approval of the Director of Parks and Recreation. Section 6.3. All model airplane events shall be open to the general public upon the payment of a reasonable admission charge or participation fee and shall be sanctioned by an appropriate sanctioning body where applicable. Section 6.4 Improvements Constructed by Club It is agreed that all improvements which Club placed or places in use or installed or installs upon the premises will become the property of the City. -4- VII. APPLICATION OF ORDINANCES All improvements on the premises shall be made and constructed in accordance with ordinances of the City, however, the City ordinances and regulations as to streets and roads shall not apply to Club's development of the premises. Control of fugitive dust from roadways and activities conducted on the premises shall be the sole responsibility of Club. VIII. ASSIGNMENT There shall be no assignment of this Management Agreement in whole or in part by Club without the prior written approval of the non - assigning party. IX. NOTICE Any notice required under this Lease shall be in writing and personally delivered or sent postage prepaid in the U.S. Mail, registered or certified, return receipt requested, to: If to the City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003; if to Club, 1633 Lynwood Lane, Pueblo, Colorado, 81005; or to any other address subsequently designated by the parties. X. BINDING EFFECT This Management Agreement shall be binding upon the parties, their successors, and approved transferees and assigns and shall be governed by the laws of the State of Colorado where applicable. IN WITNESS WHEREOF, the City and Club have caused this Agreement to be duly approved and executed as of the date first written above. PUEBLO, A Municipal Corporation BY f P esident of the City Council SKY CORRAL R/C L B,� -- Morris Shanstrom, President ATTEST: r Cit C1 irk a to form: City Attorney -5- LAND TO BE.LEASED TO SKY CORRAL The East 1/2 of the SW -1/4 of the SW -1/4 and the West 1/2 of the SE -1/4 of the SW -1/4, all being located in Section 17, T -20 -S, R -65 -W, of the 6th Principal Meridian. ROADWAY EASEMENT TO SKY CORRAL A 60.00' wide Roadway Easement being 30.00' on each side of the following described line: Beginning at a point on the East -West centerline of Section 18, T -20 -S, R -65 -W, said point bearing N -88 0 56'07" West and 521.38' from the E -1/4 corner of said Section 18, and assuming that the East line of said Section 18 bears due North; Thence South 32 0 02 1 30" East, a distance of 123.78'; Thence South 88 East, a distance of 520.06 Thence South 29 °39'30" East to the North line of the East 1/2 of the SW -1/4 of the SW -1/4 of Section 17. EXHIBIT "A" CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy(ies) listed below. Name and Address of Insured: THE ACADEMY OF MODEL AERONAUTICS, INC. AND THE NATIONAL ASSOCIATION OF ROCKETRY AND /OR AFFILIATED CHARTER CLUBS, CHAPTERS, SECTIONS AND MEMBERS THEREOF 815 15th Street, N.W. Washington, D.C. 20005 This is to c@rtify that the policy(ies) of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE: Geueral Liability as per forms on file with and operat,onstlocations the Company covered thereunder NAME OF INSURER: The Mutual Fire, Marine & Inland Insurance Company POLICY NUMBER: CNM 100476 POLICY PERIOD: September 30, 1 982 to March 1, 1983 LIMITS OF LIABILITY AND DEDUCTIBLE: $500,000 Combined Single Limit Bodily Injury & Property Damage Liability each occurrence $500,000 Aggregate where,applicable Should the described policy(ies) be cancelled before its(their) expiration date, the undersigned will endeavor to give 30 days written notice to the certificate holder, but failure to give such notice shah impose no obligation or liability of any kind upon the undersigned or upon the insurer. Name and Address of Certificate Holder: Additional Insured Date: SM 102 -9 6/78 IWII SHAND, MORAHAN & C_%APANY, INC. ZPne,AmericgPPVa, E,yVston, Illinois 60201