HomeMy WebLinkAbout5086NO. 725392RECORDED BOOK, 2166 PAGE 131
i6L COUNTY. COLORADO, AUG ���� AUG 1 11983
RESOLUTION NO. 5086
A RESOLUTION APPROVING A LEASE AGREEMENT AND
CANCELLATION OF LEASE AGREEMENT BETWEEN THE
CITY OF PUEBLO AND THE HUNTING HALL OF FAME
FOUNDATION AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
CV0MT l
The Lease Agreement and Cancellation of Lease Agreement
both dated December 2, 1982 between the City of Pueblo, a
municipal corporation and the Hunting Hall of Fame Foundation,
copies of which are attached hereto and incorporated herein
having been approved by the City Attorney, are hereby approved.
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The President of the City Council is authorized and directed
to execute the Lease Agreement and Cancellation of Lease Agreement
for and on behalf of the City and the City Clerk is directed to
attest same, affix the seal of the City thereto, and record an
executed copy of the Cancellation of Lease Agreement in the
office of the Pueblo County Clerk and Recorder.
INTRODUCED: January 10 , 1983
By DOUGLAS L. RING
Councilman
APPROVED:
ATTEST:
Melvin H. Takaki, D.D.S.
President of the City Council
Lucy J. Costa
City Clerk
e
BOOK 2166 PAGE W.
CANCELLATION OF LEASE AGREEMENT
The City of Pueblo, a municipal corporation, and The Hunting
Hall of Fame Foundation, a nonprofit Section 501(C)(3) corporation
hereby agree that the Lease Agreement dated December 19, 1978
between the parties hereto and concerning a tract of land in the
SW1 /4 of Section 20 South, Township 63 West of the 6th P.M.
situate at Pueblo Memorial Airport consisting of 24.1 acres, more
or less, be and the same is hereby cancelled and terminated and
each party hereto hereby releases and forever discharges the other
party from any and all duties and obligations under said Lease
Agreement.
Dated this 2nd. day of'becember,.1982.
ATT Ts
Secreta y
ATTEST:
S re ryj i
The Hunting Hall of Fame Foundation
a nonprofit Section 501(C)(3)
corporati n
By
Cha an and Chief Execu e
O ficer
City of Pueblo, a Municipal
Corporation
President of the City Council
BOOK 2166 PAGE 1JJ
I, Marian D. Mead, City Clerk of the City of Pueblo, Colorado, do
hereby certify that the attached is a true and correct copy of Resolu-
tion No. 5086, adopted by the Council of Pueblo January 10, 1983, and
that I am entrusted with the safekeeping of the original.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Pueblo, Colorado, this 2nd day of August, 1983.
City Cle
.•1 � F : i
LEASE AGREEMENT -- J
ItA 9 2 The Le se Agreement entered into this day of
1982 between the City of Pueblo, a Municipal
corporation, herein called Lessor, and The Hunting Hall of Fame
Foundation, a non - profit, Section 501(c)(3) corporation, herein
called Lessee,
W I T N E S S E T H:
THAT IN CONSIDERATION of the payment of rent hereinafter
provided and the keeping and performance of each of the covenants
and agreements of the said Lessee hereinafter set forth, said
Lessor has.and does hereby lease unto the said Lessee the premises
situate at the Pueblo Memorial Airport, herein called Airport,
in the County of Pueblo, State of Colorado, consisting of 25 ± 2
(23 to 25) acres of land located with access off the proposed William
White Circle Drive leading from Highway No. 50 interchange to the
Main entrance to the Airport, the location and configuration thereof
to be determined by mutual agreement between Lessor and Lessee,
herein called "leased premises."
TO HAVE AND HOLD the leased premises unto the Lessee for a
term of seventy (70) -years commencing at 12:00 noon January 1,
1983, and terminating at 12:00 noon December 31, 2053, at and for
a rental as follows:
a. For the first five years, $1.00 per month.
b. For the next five years, $2,000 per year.
c. For the next ten years and each ten year period there-
after an annual rent equal to 1% of the then appraised fair
market value of the land leased hereunder. On the first day
of January, 1993 and the first day of January of each succeeding
ten year period the leased land will be appraised by one or more
qualified appraisers mutally selected by Lessor and Lessee and
the annual rent during the following ten year period shall be
1% of the then appraised fair market value.
All rent shall be paid to Lessor at Lessor's Department
of Finance, City of Pueblo, Colorado in advance without notice.
1. RIGHTS AND PRIVILEGES OF LESSEE.
A. Lessee shall continuously during the term hereof
use the leased premises for a museum and hall for the development,
preservation and exhibition of the history of American hunting
and all related purposes. Provided that Lessee may cancel the
Lease at any time prior to July 1, 1988 if Lessee decides it is
not able to go forward with the construction of the Hunting Hall
of Fame Building and Museum referred to in paragraph 7. Lessee's
right to cancel for said reason will cease and terminate upon
the breaking of ground for phase I of any building program of
Lessee. Lessee shall not assign nor sublet the leased premises
or any part thereof without the prior written approval of Lessor.
B. Except as may be specifically authorized under para-
graph 7(A) hereof, Lessee shall not without the prior written
approval of the Lessor, which approval will not be unreasonably
withheld, make or install any buildings, fences, signs or other
improvements in or upon the leased premises. Costs of approved
buildings and other improvements shall be borne solely by Lessee
and all buildings and improvements constructed and installed
upon the leased premises by Lessee shall upon expiration or termina-
tion of this Lease or any extension thereof for any reason, become
and remain the property of the Lessor.
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C. Lessee, its employees 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 as from
time to time shall be designated by Lessor.
2. RIGHTS AND PRIVILEGES OF LESSOR.
A. Lessor shall have the right to enter upon the leased
premises for the purpose of inspecting same at any reasonable hour.
B. Lessor reserves the right to maintain, abandon,
relocate, develop, improve, or repair the Airport, 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, repair, develop or improve the Airport or for the
abandonment or relocation of the Airport and related facilities.
C. There is hereby reserved to the Lessor, its successors,
and assigns, for tho 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, together 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 operating on Pueblo Memorial Airport.
3. OBLIGATIONS OF LESSEE:
A. Lessee shall, at its sole expense, maintain and keep
the leased premises and any improvements presently existing or
hereafter constructed thereon in good condition, appearance, state
of repair and landscaped in accordance with Lessee's program of
landscaping and conservation.
mm
B. 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 arrange-
ment for the sanitary handling and disposal of all trash, garbage and
other refuse resulting from Lessee's occupancy of the leasehold.
C. Lessee shall furnish at its own expense and promptly
pay for all utilities used by Lessee and all taxes assessed against
the leased premises or any improvements thereon prior to same
becoming delinquent.
D. Les .9ee agrees, except as may be otherwise provided in
other contracts entered into between the Lessor and Lessee, not
to engage in any business at the Airport other than that which is
expressly authorized herein, it being understood and agreed that
Lessee may operate a snack bar and sell all goods and merchandise
upon the leased premises compatible with its museum, including,
without way of limitation, art, books, pamphlets, souvenirs, and
other such merchandise.
E. 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, its agents, employees, or
servants in its operations on the leased premises or through any
injury or casualty occurring on the leased premises.
F. Lessee shall maintain, in such amounts and with
insurance companies satisfactory to the Lessor, a standard form
policy or policies of comprehensive general public liability insurance
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with limits of not less than $400,000 for any one accident or
for any one injury or death and $100,000 property damage. Such
policies shall name the Lessor as an additional insured thereunder.
Lessee shall furnish to Lessor a Certificate from the
Insurance Carrier or Carriers showing such insurance to be in
full force and effect during the term of this Agreement or
extensions thereof. All said policies shall provide for a
minimum of ten (10) days notice to the Lessor in the event of
cancellation, non - renewal, or material change in the terms thereof.
G. Lessee shall not hold or attempt to hold Lessor
liabile for any injury, including loss of life, to any person,
or for damage to any property while on the leased premises,
irrespective of how such injury or damage may be caused or
occasioned, except that this paragraph shall not apply to acts
of Lessor, its agents or employees.
H. In addition to the rent hereby reserved, Lessee
agrees to pay a combined service fee for services and facilities
now provided by Lessor at the Airport, namely: sewage disposal,
street maintenance, fire protection and street lighting, of
$362.00 per month in advance without notice on or before the
first day of each month commencing on the first month of the
sixth year after date hereof. The combined service fee may be
modified, increased, or decreased at any time after ten years
from date hereof by action of the City Council of Lessor;
provided, that fees for said combined services shall be
generally equal for all Lessees of Lessor receiving such
services and be reasonable in relation to the actual costs of
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such services then furnished by
Airport; and, provided further,
shall not be more frequent than
hereof and such increases shall
services fees for the prior yea
4. OBLIGATIONS OF LESSOR:
Lessor at the Pueblo Municipal
that any such increases in fees
annually after 10 years from date
not be greater than 5% of the
r.
A. Lessor shall maintain sewer mains as the same are
presently shown on the Utilities Map of the Pueblo Memorial
Airport on file in the office of the Director of Aviation of
Pueblo. Lessee agrees that Lessor shall have a right at all times
to enter upon the leased premises for the purpose of maintenance
and repair of sewer and water mains located on the leased premises.
Lessee shall construct and maintain at its own expense, free
from leaks and unsanitary conditions, all water and sewer service
lines other than as shown and designated as "mains" on said
Utilities Map as may be necessary to its enjoyment and use of the
leased premises.
5. GENERAL CONDITIONS:
A. The terms and conditions of this Lease and Lessee's
rights hereunder 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 provision herein,
said Code shall control.
B. 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 leased premises for a purpose for which
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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 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, 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.
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C. The Lessee agrees to comply with the notification
and review requirements covered in Part 77 of the Federal Aviation
Regulations before construction of any future structure or building
upon the leased premises or before any modification or alteration
of any present or future building or structure situated on the
leased premises is commenced. Lessee agrees to restrict the
height of structures, objects of natural growth and other obstructions
on the leased premises to a height of not more than 4 feet
above mean sea level, it being understood and agreed that the
ground level of the leased premises is 4,645 feet, more or less,
above mean.sea level.
D. The Lessee by accepting this lease expressly
agrees for itself, its successors and assigns that it will not
use the leased premises in any manner which might interfere with
the landing and taking -off of aircraft from Pueblo Memorial
Airport or otherwise constitute an airport 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. The Lessee shall observe faithfully all general
rules and regulations affecting use of the airport, established by
the Lessor, including but not limited to rules affecting the
operation of motor vehicles upon, to and from the Airport.
F. The Lessee, and all officers, agents and employees
of Lessee, while upon the leased premises hereby agree to be bound
by and subject to all the Offense Ordinances of Pueblo, a Municipal
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Corporation, whether acting in the course of Lessee's business
or otherwise, to all intents and purposes the same as though
the leased premises were located within the 6ity Limits of
Lessor.
G. The Lessee represents that it has inspected the
Airport and all 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 result from hidden, latent or other dangerous conditions
on the Airport or leased premises.
H. This Lease and all the provisions hereof are subject
to all rights the United States Government now has or in the
future may have or acquire, affecting the control, operation,
regulation and re -entry upon and taking ove-r of the said Airport
including the leased premises in the event of a National Emergency.
If the United States Government exercises its right of re- entry,
Lessee agrees to immediately quit and vacate the leased premises
and each party hereto shall be released from all further obligations
hereunder and neither party shall be thereafter liable to the other
party for or on account of any damages, loss of business, or injury
occasioned thereby.
I. If the whole of the leased premises, or such portion
thereof as will make the leased premises unsuitable for the
purposes herein leased, is condemned for any public use or
purpose by any legally constituted authority, or is taker, by the
United States Government under its right of re -entry as described
in paragraph H above, then in either of such events this lease
shall cease from the time when possession is taken by such public
authority and rental shall be accounted for between the Lessor
and the Lessee as of the date of the surrender of possession.
Such termination shall be without prejudice to the rights of
either the Lessor or the Lessee to recover compensation from the
public authority for any loss or damage caused by such condemna-
tion or retaking. Any award or damages for the condemnation or
retaking of the leased premises shall belong to the Lessor and
any award or damages for the condemnation or retaking of the
building, fixtures or equipment of the Lessee on the leased
premises or relocation payments shall belong to the Lessee and
those persons claiming under the Lessee. Neither the Lessor or
the Lessee shall have any rights in or to any award made to the
other by the public authority.
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 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 for a period of one year or
until such time as an extension of this Lease or its termination
thereof has been effected and expressed in a written agreement,
whichever occurs first.
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
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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
Statutes, then and in any such case, the Lessor may, at its
option, with 30 days written notice, terminate this Lease and
immediately 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
give notice of its intention to terminate specifying such breach
or default, and if Lessee shall not remedy such breach or correct
such default.within 60 days from the date of Lessor's notice,
Lessor may declare this Lease terminated, and 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. rofus— to surrender and deliver up thc pos: ;c: scion
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.
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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 for a period of five years thereafter, without in any
way being obligated to do so, and without 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 for a maximum period of five years.
E. 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. Lessee shall at its sole cost and expense on or
before ten years from the date of this Lease construct a Hunting
Hall of Fame building and museum upon the leased premises. The
Hunting Mall of Fame building and museum shall consist of at
least 50,000 square feet of building space and its construction
costs shall be approximately $3,000,000.00. Such building and
museum shall be constructed in compliance with applicable building
and construction codes of the Lessor in effect at the time of
construction and shall be inspected and approved by Lessors
inspectors prior to occupancy thereof. All buildings constructed
by Lessee shall be maintained in good condition at all times by
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Lessee's, at its sole cost and expense. The nature and lo-
cation upon the leased premises of the Hunting Hall of Fame
building and museum, surrounding improvements, parking area,
and roads shall be reviewed and approved by the City Council of
Lessor prior to construction and installation, thereof. In
the event Lessee shall not have commenced construction of the
Hunting Iiall of Fame building and museum on or before ten y-.ars
from Dec. 19, 1978, this Lease Agreement shall terminate and Lessor
shall be entitled to possession thereof. Neither the requirements
of this paragraph or any other provision of this Lease shall be
construed to be the consent of or the authorization by the Lessor
to subordinate its right, title and interest in the leased
premises to any lien or encumbrance upon Lessee's interest in this
Lease Agreement or any improvement constructed by fcssee thereon.
B. Lessee shall at Lessee's cost and expense keep-all
improvements on the leased premises insured for fire and extended
coverage in such amounts and with such insurance companies
authorized to do business in Colorado as Lessor shall a.pprovu.
Lessee agrees that all proceeds and monies received from said
policies of insurance for any loss or damage covered thereby
shall be used to repair and replace such damage or loss.
C. Lessor does hereby consent to the Leasue mortyaging
or otherwise encumbering Lessee's interest in this Lease arid
Lessee's leasehold estate hereby created, provided, that the
leased premises shall not become subordinate to any such mortgage
or encumbrancc. li; the event Lessee mortyayc_�s or encumbers
Lessee's interest in this Lease or Lessee's leasehold estate
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hereby created, Lessor agrees that upon default by Lessee under
the terms of the mortgage or other instrument of encumbrance, the
beneficiary or the holder of the note secured thereby, herein
called Mortgagee, may cause said mortgage to be foreclosed in
any lawful way and enforce the mortgage and acquire title to the
leasehold estate and any interest of the Lessee herein. The
Mortgagee may assign Lessee's rights herein to a tenant pending
foreclosure and acquisition of the leasehold estate and Lessee's
interest herein. Mortgagee may sell and assign the leasehold
estate and Lessee's interest herein after foreclosure to a
transferee approved in writing by Lessor, which approval shall
not be unreasonably withheld. The Mortgagee pending foreclosure
and acquisition of Lessee's interest herein and until transfer
to an approved transferee shall be liable to Perform all obliga-
-tions of the Lessee to be performed under this Lease. Any ap-
proved transferee of the Mortgagee shall be liable during the
original term of this Lease, or any extension thereof, to perform
all obligations of the Lessee to be performed hereunder unless
excused therefrom by Lessor.
In the event Lessee shall mortgage or otherwise encumber
the leasehold estate and Lessee's interest herein and the Mortgage((
shall so notify Lessor in writing, Lessor agrees that it will not
terminate this Lease because of the bankruptcy or insolvency
of the Lessee, or because the Lessee shall suffer this Lease or
any estate or interest thereunder to be taken under writ of
execution, or because the Lessee shall make an assignment for
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the benefit of creditors, or because of any other failure on
the part of the Lessee to observe or perform any of the covenants
contained herein, if the Mortgagee shall, within thirty (30) days
after receipt of written notice from the Lessor of its intention
to terminate the lease for any such cause, cure any such default
and undertake in writing to perform all of the covenants herein
on the part of the Lessee to be performed until a transfer after
foreclosure by the beneficiary to a transferee approved by Lessor.
D. If an environmental impact study is required, it
shall be done through the Lessor and its agencies at no cost to
the Lessee, except that Lessee will cooperate fully in providing
required data relating to the use and development of the leased
premises. If the results of the environmental impact study do
not permit the construction of the proposed facilities either party
shall have the riqht and option to cancel this Luse immediately-
without recourse or damage to the other party.
8. MISCELLANEOUS PROVISIONS.
A. No assent by Lessor either expressed or implied
to any breach of any provision of this Lease shall constitute
a waiver of any succeeding or other breach.
B. All covenants and agreements in this Lease contained
shall be binding upon and inure to the benefit of the Lessor
and Lessee and their successors and assigns.
C. This Lease and any amendments are subject to prior
written approval of the Federal Aviation Administration.
D. If, at any future- time, it becomes possible and
desirable for the Lessor to sell the leased premises outright,
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the Lessee shall, for a period of 180 days after receipt of
written notice of Lessor's desire and intention to sell, have
the right to purchase the leased premises at a cash price equal
to its then appraised value subject to prior approval of the
Federal Aviation Administration or its successor Agency if
such approval is then required.
E. If this Lease Agreement or any memorandum thereof
is recorded in the offices of the Pueblo County Clerk and
Recorder, without first obtaining the specific written consent
of Lessor to so record, this Lease Agreement and all rights of
Lessee hereunder shall automatically terminate and expire.
F. The Lease Agreement between Lessor and Lessee
dated December 19, 1978 relating to 24.1 acres of land at the
Airport is hereby terminated and each party is released from
all duties and obligations thereunder.
Executed at Pueblo, Colorado the day and year first above
written.
ATTEST:
By 1�
P esident of the City Council
Ci*CAfer)
PUEBLO, A Municipal Corporation
THE HUNTING HALL OF FAME FOUNDATION
A Non-Profit, Section 501(c)(3)
Corpora on �--�
ATT T: By .
Chi an and Chidf Executiv Of ficer
Secretary
Trustee
Trustee
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