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,
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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.
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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.
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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
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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