Loading...
HomeMy WebLinkAbout5090RESOLUTION NO. 5090 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PUEBLO A MUNICIPAL CORPORATION AND CA -LU INC., DBA BUDGET RENT A CAR OF PUEBLO AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO COLORADO THAT: SECTION 1: A CERTAIN LEASE AGREEMENT DATED THE 1 ST DAY OF JANUARY 1983 A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE AFTER HAVING BEEN APPROVED AS TO FORK BY THE CITY ATTORNEY BY AND BETWEEN THE CITY OF PUEBLO A MUNICIPAL CORPORATION AND CA -LU INC. D/B /A BUDGET RENT A CAR OF PUEBLO; RELATING TO THE RENTAL OF OFFICE SPACE LOCATED IN THE AIRPORT TERMINAL BUILDING EAST ADDITION LOBBY LOCATED AT THE PUEBLO MEMORIAL AIRPORT BE AND THE SAME IS HEREBY APPROVED; SUBJECT TO THE CONDITIONS AS SET FORTH IN SAID LEASE AGREEMENT. SECTION 2: THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF PUEBLOS A MUNICIPAL CORPORATION AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME, SECTION 3: ALL NET PROCEEDS DERIVED FROM SAID LEASE AGREEMENT WILL BE USED FOR THE OPERATION MAINTENANCE AND IMPROVEMERT OF THE AIRPORT. INTRODUCED JANUARY 24 , 1983 BY MIKE :._'S.N• COUNCILMAN I APPROVED BY: ATTEST CITY PUEBLO MEMORIAL AIRPORT LEASE AGREEMENT THIS INDENTURE MADE AND ENTERED INTO THIS FIRST DAY OF JANUARY 1983 BETWEEN THE CI'T'Y OF PUEBLO, A MUNICIPAL CORPORATION HKPMAFTER REFERRED TO AS THE LESSOR AND CA -LU INC. DBA BUDGET RENT A CAR OF PUEBLO, P. 0, BOX 11389, PUEBLO, COLORADO 81CM, HEREINAFTER CALLED LESSEE. WITNESSETH: THAT IN CONSIDERATION OF THE KEEPING AND PERFORMANCE OF THE COVENANTS OF THE LESSEE, AS HEREINAFTER SET FORTH THE LESSOR HEREBY COVENANTS AND AGREES AS FOLLOWS: I. PREMISES LESSEE SHALL HAVE THE IMMEDIATE AND ENTIRE USE AND OCCUPANCY OF THE FOLLOWING DESCRIBED PREMISES: 120 SQUARE FEET OF OFFICE SPACE IN THE SOUTHEAST LOBBY CORNER OF THE AIRPORT TERMINAL BUILDING EAST ADDITION, TOGETHER WITH CERTAIN RIGHTS AND PRIVILEGES GRANTED HEREINAFTER, SAID PREMISES ARE LOCATED AT THE PUEBLO.MEMORIAL AIRPORT IN THE COUNTY OF PUEBLO, STATE OF COLORADO, II, TERM A, TO HAVE AND TO HOLD THE SAME WITH ALL APPURTENANCES UNTO THE SAID LESSEE FROM JANUARY 1, 1983 FOR A TERM OF ONE YEAR OR UNTIL DECEMBER 31, 19$3, B. IF NOT IN DEFAULT HEREUNDER AND LESSEE DESIRES TO CONTINUE THE OPERATION COVERED BY THIS AGREEMENT BEYOND THE DATE HEREIN STATED AS THE EXPIRATION DATE. HE SHALL SO NOTIFY THE LESSOR IN WRITING, ADDRESSED TO THE AIRPORT SUPERINTENDENT AT LEAST NINETY DAYS BEFORE THE EXPIRATION DATE OF THIS AGREEMENT. THE LESSEE; SHALL THEREUPON HAVE THE RIGHT TO RENEW THIS LEASE FOR AN ADDITIONAL TERM OF ONE YEAR COMMENCING ON JANUARY 1 1984 AND TERMINATING ON DECEMBER 31, 1981 UPON THE SAME TERMS AND CONDITIONS, EXCEPT THAT THE RENT FOR THE RENEWAL TERM SHALL BE NEGOTIATED AT THE TIME OF RENEWAL, III. RENTAL FEM FROM AND AFTER THE EFFECTIVE DATE AND DURING THE TERM OF THIS AGREaUNT LESSEE AGREES TO PAY TIE LESSOR ON A MONTHLY BASIS COVERING THE PRECEDING MONTH AT SUCH PLACES AS THE LESSOR MAY DESIGNATE FROM TIME TO TIME FOR THE USE OF THE PRMSES, IN ACCORDANCE WITH RENTAL FEES AS AGREED TO AND SET FORTH IN EXHIBIT "A"" ATTACHED HERETO AND MADE A PART HEREOF. IV. RIGHTS AND PRIVILEGES OF LESSEE A. LESSEE SHALL USE THE LEASED PRAISES AS AN OFFICE FOR THE CONDUCTION OF CA -LU INC. DBA BUDGET RENT A CAR OF PUEBLO THE OPERATING COUNTER IS LOCATED IN THE SOUTHEAST LOBBY CORNER OF THE AIRPORT TERMINAL BUILDING EAST ADDITION AND FOR NO OTHER PURPOSE. LESSEE SHALL NOT ASSIGN NOR SUBLET THE LEASED PR34ISES OR ANY PART THEREIOF WITHOUT TITS PRIOR WRITTEN APPROVAL OF THE LESSOR, B. LESSEE SHALL PERMIT THE DULY AUTHORIZED REPRESENTATIVE OF THE AUDITING DEPARTT OF THE CITY OF PUEBLO TO EXAMINE LESSEE "S BOOKS AT ANY TIME DURING BUSINESS HOURS. ALL RECORDS PERTAINING TO LESSEE'S OPERATIONS SHALL BE KEPT AT THE AIRPORT OFFICE OF THE LESSEE, C. EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED HERECN TO THE CONTRARY, LESSEE SHALL NOT WITHOUT THE PRIOR IMI TTEtN APPROVAL OF THE AIRPORT SUPERINTENDENT MAKc, IWROV -aU TTS MODIFICATIONS, REVISIONS INSTALLATION OF SIGNS OR OTHER ALTERATIONS TO THE LEASED PR34IISES, COSTS OF APPROVED I1IPROV34E TS MODIFICATIONS, REVISIONS, SIGNS AND ALTERATIONS SHALL BE BORNE SOLELY BY LESSEE AND ALL SUCH I111'ROVEIENTS, MODIFICATIONS, REVISIONS OR ALTERATIONS SHALL UPON EXPIRATION OF THE ORIGINAL TERM OR ANY RE 1-TAL TERM OR PRIOR TERMINATION OF THIS LEASE FOR ANY REASON, BECOME AND REMAIN THE PROPERTY OF THE LESSOR. D. LESSEE, ITS E1JPLOYEES AND INVITEES SHALL HAVE THE RIGHT OF INGRESS AND ERE SS BET ZEN TICE MJJN ENTRANCE OF THE AIRPORT AS THE SA14E NOW EXISTS OR MAY HEREAFTER BE RELOCATED AND THE LEASED PRENZSES OVER UPON AND THROUGH SUCH STRFLITS AND NO OTHER AS FROM TIME TO TIME SHALL BE DESIGNATED BY THE AIRPORT SUPERINTENDENT,, DRIVEWAYS FROM EXISTING STREETS INTO THE LEASED PR31ISES SHALL BE LOCATED AS DESIGNATED BY THE AIRPORT SUPEIRINTEdDENT. 2 V. RIGHTS AND PRIVILEGES OF LESSOR A. ALL RIGHTS NOT HEREIN GRANTED TO THE LESSEE ARE RESERVED TO THE LESSOR AND NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO GRANT OR AUTHORIZE THE GRANTING OF AN EXCLUSIVE RIGHT WITHIN THE MEANING OF SECTION 308 OF THE FEDERAL AVIATION ACT OF 1958, B. LESSOR SHALL HAVE FULL AND UNRESTRICTED RIGHT TO ENTER UPON THOSE PORTIONS OF THE AIRPORT OCCUPIED AND LEASED HEREIN BY THE LESS4 AND LESSOR, ITS AGENTS OR REPRESENTATIVES SHALL BE PERMITTED TO INSPECT THE SAME AT ANY REASONABLE HOUR, C. LESSOR RESERVES THE RIGHT TO MAINTAIN AND KEEP IN REPAIR THE LANDING AREA OF THE AIRPORT AND ALL PUBLICLY 014NED FACILITIES OF THE AIRPORT, BUT SHALL NOT BE OBLIGATED TO THE LESSEE FOR ANY FAILURE TO SO MAINTAIN OR KEEP IN REPAIR, D. THERE IS HEREBY RESERVED TO THE LESSOR, ITS SUCCESSORS AND ASSIGNS, FOR THE 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 KNOIC OR HEREAFTER USED FOR NAVI- GATION OF OR FLIGHT IN THE AIR, USING SUCH AIRSPACE OR LANDING AT, TAKING OFF FROM, OR OPERATING ON PUEBLO MEMORIAL AIRPORT. E. IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS SUBJECT TO THE WRITTEN PRIOR APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION AND THAT THE PROVISIONS HEREOF CANNOT BE MODIFIED WITHOUT PRIOR 14RITTIZI APPROVAL BY SAID FEDERAL AVIATION ADMINISTRATION. VI, OBLIGATIONS OF LESSEE A. LESSEE SHALL, AT ITS SOLE EXPENSE, MAINTAIN AND KEEP THE LEASED PREMISES AND ANY IMPROVEAlENTS PRESENTLY EXISTING OR HEREAFTER CONSTRUCTED THEREON IN GOOD CONDITION, APPEARANCE, AND STATE OF REPAIR; NORMAL TVJEAR EXCEPTED, IF LESSEE SHOULD FAIL TO KEEP AND MAINTAIN THE LEASED PREMISES OR IMPROVEMENTS THSllHEON IN SUCH GOOD ORDER AND REPAIR AS IS REASONABLY REQUIRED, LESSOR MAY ENTER THE LEASED PREMISES, WITHOUT SUCH ENTERING CAUSING OR CONSTI- TUTING A TERMINATION OF THE LEASE, OR AN INTERFERENCE WITH THE POSSESSION OF THE PREMISES BY LESSEE, AND PERFORM THE NECESSARY MAINTENANCE OR REPAIRS TO THE LEASED PREMISES TO THE CONDITION REQUIRED BY THE LESSOR AND THE COSTS OF SUCH MAINTENANCE OR REPAIRS BY THE LESSOR SHALL BE PAID BY LESSEE TO THE LESSOR IN ADDITION TO THE RESERVED RENTS. 3 B. LESSEE 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 RICH IS EXPRESSLY AUTHORIZED HEREIN, C. THE LESSEE AGREES TO INDEMNIFY, DEFEND AND SAVE THE LESSOR, ITS AGENTS, OFFICERS, REPRESENTATIVES AND EMPLOYEES, HAR14LESS 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, HIS AGENTS, EMPLOYEES, OR SERVANTS OR THROUGH ANY INJURY OR CASUALTY OCCURING ON THE LEASED PREMISES, D. THE LESSEE SHALL MAINTAIN, WITH INSURANCE UNDERWRITERS SATISFACTORY TO THE LESSOR A STANDARD FORM POLICY OR POLICIES OF INSURANCE PROTECTING BOTH THE LESSEE AND THE LESSOR AGAINST PUBLIC LIABILITY, PRODUCTS LIABILITY AND PROPERTY DAMAGE, THE LESSEE SHALL PROMPTLY, AFTER THE EXECTUION OF THIS AGREEMENT, FURNISH TO THE LESSOR A CERTIFICATE OF INSURANCE FOR PROPERTY DAMAGE GROWING OUT OF ANY ONE ACCIDENT OR OTHER CAUSE IN A SUM OF NOT LESS THAN $100,000.00; FOR PERSONAL INJURIES OR DEATH GRO14ING OUT OF ANY ONE ACCIDENT OR OTHER CAUSE, INCLUDING AUTOMOBILE, WITH LIABILITY OF NOT LESS THAN $500,000.00; AND FOR PRODUCTS LIABILITY NOT LESS THAN $500,000.00. LESSEE SHALL FURNISH A CERTIFICATE FROM THE INSURANCE CARRIER OR CARRIERS SHOWING SUCH INSURANCE TO BE IN FULL FORCE AND EFFECT DURING THE TERM! OF THIS AGREEMENT. ALL SAID POLICIES SHALL PROVIDE FOR A 140IMUM OF TEST DAYS NOTICE TO THE LESSOR IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN THE TERMS TH" REOF, LESSOR AND LESSEE AND ALL PARTIES CLAIMING THROUGH OR UNDER THEM HEREBY MUTUALLY RELEASE AND DISCHARGE EACH OTHER FROM ANY CLAIMS, LIABILITY OR DAMAGE, CAUSED BY OR ARISING FROM ANY HAZARD COVERED BY THEN EXISTING INSURANCE ON THE LEASED PREMISES AND IMPROVD -1ENTS THEREON OR COVERED BY INSURANCE IN CONNECTION WITH ANY PROPERTY ON THE LEASED PREMISES REGARDLESS OF THE CAUSE OF THE DAMAGE OR LOSS, PROVIDED THAT IF APPLICABLE INSURANCE POLICIES PROHIBIT OR DO NOT RECOGNIZE SUCH RELEASE, THEN THERE SHALL BE NO RELEASE. E. LESSEE SHALL REPAIR ALL DAMAGES TO SAID PREMISES CAUSED BY ITS OFFICERS, EMPLOYEES INVITEES AGENTS OR PATRONS IN ITS OPERATION THEREON. 4 VII. OBLIGATION OF LESSOR A. IF THE LEASED PREMISES OR THE AIRPORT TERMINAL BUILDING IS DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY, REGARDLESS OF THE CAUSE WHEREOF, LESSOR MAY TERMINATE THIS LEASE. B. LESSOR, AT ITS COST SHALL PROVIDE: HEAT, LIGHTS AND AIR CONDITIONING AS REQUIRED IN THE TERMINAL BUILDING. C. LESSOR SHALL PROVIDE PERIODIC WASHING OF WINDOWS ON THE OUTSIDE ONLY. D. LESSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE T0 OR LOSS OF PROPERTY OF LESSEE, ITS OFFICERS, EMPLOYEES, AGENTS, SERVANTS, PATRONS, OR ANY OTHER PERSON OR PERSONS AT THE AIRPORT, EXCEPT WHEN SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY THE NEGLIGENCE OF LESSOR, ITS OFFICERS, EMPLOYEES, AGENTS OR SERVANTS. VIII. 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 PROVISIONS HEREIN, SAID CODE SHALL CONTROL. B. LESSEE IN THE OPERATIONS TO BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS LEASE AND OTHERWISE IN THE USE OF THE AIRPORT, WILL NOT DISCRIMINATE OR PERMIT DISCRIMINATION AGAINST ANY PERSON OR CLASS OF PERSONS BY REASON OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN ANY MANNER PROHIBITED BY PART 21 OF THE REGULATIONS OF THE OFFICE OF THE SECRETARY OF TRANSPORTATION, OR ANY AMENDMENTS T HERETO. THE LESSOR RESERVES THE RIGHT TO TAKE SUCH ACTION AS THE UNITED STATES GOVER1001T MAY DIRECT TO ENFORCE THIS COVENANT, C. THE LESSEE ASSURES THAT IT WILL UNDERTAKE AN AFFIRMATIVE ACTION PROGRAM AS REQUIRED BY 14 CFR PART 152, SUBPART E, TO INSURE THAT NO PERSON SHALL ON THE GROUNDS OF RACE, CREED, COLOR, NATIONAL ORIGIN, OR SEX BE EXCLUDED FROM PARTICIPATING IN ANY EMPLOYMENT ACTIVITIES COVERED IN 14 CFR PART 152 SUBPART E. THE LESSEE ASSURES THAT NO PERSON SHALL BE EXCLUDED ON THESE GROUNDS FROM PARTICIPATING IN OR RECEIVING THE SERVICES OR BENEFITS OF ANY PROGRAM OR 9 ACTIVITY COVERED BY THIS SUBPART. THE LESSEE ASSURES THAT IT WILL REQUIRE THAT ITS COVERED SUBORGANIZATIONS PROVIDE ASSURANCES TO THE LESSOR THAT THEY SIMILARLY WdILL UNDERTAKE AFFIRMATIVE ACTION PROGRAMS AND THAT THEY I LL REQUIRE ASSURANCES FRO14 THEIR SUBORGANIZATIONS, AS REQUIRED BY 14 CFR PART 152, SUBPART E, TO THE SAME EFFECT, D, THE LESSEE AGREES TO COMPLY WITH THE NOTIFICATION AND REVIEW REQUIRR COVERED IN PART 77 OF THE FEDERAL AVIATION REGULATIONS IN THE EVENT ANY FUTURE STRUCTURE OR BUILDING IS PLANNED FOR THE LEASED PREMISES, OR IN THE EVENT OF ANY PLANNED MODIFICATION OR ALTERATION OF ANY PRESENT OR FUTURE BUILDING OR STRUCTURE SITUATED ON THE LEASED PREZUSES, E, LESSEE SHALL FURNISH ITS SERVICES AND /OR ACCOMMODATIONS ON A FAIR, EQUAL, AND NOT UNJUSTLY DISCRIMINATING BASIS TO ALL USERS THEREOF AND IT SHALL CHARGE FAIR, REASONABLE, AND NOT UNJUSTLY DISCRIMINATING PRICES FOR EACH UNIT OR SERVICE; PROVIDED, THAT THE LESSEE MAY BE PERMITTED TO MAKE REASONABLE AND NON—DISCRIMINATORY DISCOUNTS, REBATES OR OTHER SIMILAR PRICE REDUCTION TO EMPLOYEES OR VOLUME PURCHASERS, F. THE LESSEE BY ACCEPTING THIS LEASE EXPRESSLY AGREES FOR ITSELF, ITS SUCCESSORS AND ASSIGNS THAT IT WILL NOT MAKE USE OF THE LEASED PREMISES IN ANY MANNER WHICH MIGHT INTERFERE WITH THE LANDING AND TAKING—OFF OF AIRCRAFT FROM PUEBLO 14EMORIAL AIRPORT OR OTHERWISE CONSTITUTE A HAZARD. IN THE EVENT THE AFORESAID COVENANT IS BREACHED, THE LESSOR RESERVES THE RIGHT TO ENTER UPON THE PRIRAISES HEREBY LEASED AND CAUSE THE ABATE'14MT OF SUCH INTERFERENCE AT THE EXPENSE OF THE LESSEE. G. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT WHICH MAY BE OR APPEARS TO BE TO THE CONTRARY, THE LEASED PR111ISES SHALL NOT BE OR BECOME SUB— ORDINATE OR SUBJECT TO ANY MORTGAGE OR INCUMBRANCE PLACED UPON LESSEEIS LEASE— HOLD INTEREST THEREIN OR ANY IMPROV3 OR ADDITION TO THE BUILDING PLACED THEREON BY LESSEE. H. THIS LEASE AND ALL THE PROVISIONS HEREOF SHALL BE SUBJECT TO WHATEVER RIGHT THE UNITED STATES GOVERNMENT NOW HAS OR IN THE FUTURE MAY HAVE OR ACQUIRE, AFFECTING THE CONTROL, OPERATION, REGULATION AND TAKING OVER OF SAID AIRPORT. 6 I. THE LESSEE SHALL OBSERVE FAITHFULLY ALL RULES AND REGULATIONS AFFECTING USE OF THE AIRPORT, 'WHETHER ESTABLISHED BY THE DIRECTOR OF AVIATION BY THE CITY OR OTHER POLITICAL SUBDIVISION HAVING JURISDICTION, BY THE STATE OF COLORADO OR THE UNITED STATES, OR AGENCIES THEREOF. THIS SHALL INCLUDE RULES AFFECTING THE OPERATION OF MOTOR VEHICLES UPON, TO AND FROM THE AIRPORT. J. THE LESSEE, AND ALL OFFICERS AND AGENTS OF LESSEE, HEREBY AGREE TO BE BOUND BY AND SUBJECT TO ALL THE POLICE ORDINANCES OF PUEBLO, A MUNICIPAL CORPORATION, AT ALL TIMES WHILE ON THE AIRPORT, WHETHER ACTING IN THE COURSE OF LESSEE'S BUSINESS OR OTHERWISE, TO ALL INTENM AND PURPOSES THE SAME AS THOUGH WITHIN THE CITY LIMITS OF PUEBLO. K. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AFORESAID, THAT IF THE RENT ABOVE RESERVED OR ANY PART THEREOF, SHALL BE IN ARREARS, OR IN DEFAULT, OR IF DEFAULT SHALL BE MADE IN ANY OF THE COVENANTS OR AG w d ENTS HEREIN CONTAINED TO BE KEPT BY THE SAID LESSEE, IT SHALL AND MAY BE LATRUL FOR SAID LESSOR, UPON THREE (3) DAYS PRIOR ,+TRITTEN NOTICE TO LESSEE, TO DECLARE SAID TERM ENDED AND TERMINATE THIS LEASE AND OPERATING AGREEMENT; AND ENTER INTO THE SAID PREMISES, OR ANY PART THEREOF, EITHER WITH OR WITHOUT PROCESS OF LAW, TO RE- -ENTER AND THE SAID LESSEE OR ANY PERSON OR PERSONS OCCUPYING SAME TO EXPEL, REMOVE, AND PUT OUT, USING SUCH FORCE AS MAY BE NECESSARY IN SO DOING WITHOUT BEING LIABLE TO PROSECUTION OR IN DAMAGES THEREFOR, AND THE SAID PMaSES AGAIN TO REPOSSESS AND ENJOY, AS IN THE FIRST AND FORMER ESTATE OF THE SAID LESSOR, AND IF AT ANY TIME SAID TERM SHALL BE ENDED AS AFORESAID OR IN ANY OTHER WAY, THE SAID LESSEE HEREBY COVENANTS AND AGREES TO SURRENDER AND DELIVER UP SAID PPUaSES PEACEABLY TO SAID LESSOR, IMMEDIATELY UPON THE TERMINATION OF SAID TERM, AND IF THE LESSEE SHALL REMAIN IN POSSESSION OF THE SAME AFTER, THE TERMINATION THEREOF SAID LESSEE SHALL BE DEE14ED GUILTY OF A FORCIBLE DETAINER OF SAID PREMISES UNDER THE STATUTE, HEREBY WAIVING ALL NOTICE, AND SHALL BE SUBJECT TO EVICTION AND REMOVAL FORCIBLY OR OTHERWISE, WITH OR WITHOUT THE PROCESS OF LAW AS STATED ABOVE. 7 L. THAT IN CASE SAID LEASED PRE[ ARE LEFT VACANT AND ANY PART OF THE RENT HEREIN RESERVED BE DUE AND UNPAID, THEN THE LESSOR MAY, WITHOUT IN AN)nglSE BEING OBLIGED TO DO SO, AND WITHOUT TER4INATING THIS LEASE, RETAKE POSSESSION OF SAID'PRUMES 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 TIM RENT HEREIN RESERVED UNTIL THE EXPIRATION OF THIS LEASE. 1.1, THE LESSEE SHALL NOT ASSIGN OR SUBLET THIS AGREE1 OR ANY RIGHT, PRIVILEGE OR INTEREST THEREUNDER WITHOUT THE WRITTEN PERMISSION OF THE AIRPORT SUPERINTENDENT. N.. THIS LEASE AGREEMENT SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE SUCCESSOR, SUBLESSEES AND ASSIGNS OF THE PARTIES HERETO. 0. THE LESSEE, HIS AGENTS, AND EMPLOYEES WILL NOT DISCRIMINATE AGAINST ANY PERSON OR CLASS OF PERSONS BY REASON OF RACE, COLOR, CREED, SEX, OR NATIONAL ORIGIN IN PROVIDING ANY SERVICES, OR IN THE USE OF ANY OF ITS FACILITIES PROVIDED FOR THE PUBLIC, IN ANY MANNER PROHIBITED BY TITLE 49 PART 21 OF THE CODE OF FEDERAL REGULATIONS OF THE OFFICE OF THE SECRETARY OF TRANSPORTATION, THE LESSEE FURTHER AGREES TO COMPLY TITH SUCH ENFORCEMENT PROCEDURES AS TIE UNITED STATES MIGHT DEMAND THAT THE LESSOR TAKE IN ORDER TO COMPLY WITH THE SPONSOR'S ASSURANCES. P. BANKRUPTCY THAT IF THE LESSEE SHALL BE DECLARED INSOLVE24T OR BANKRUPT, OR IF ANY ASSIGN1ENT OF THE LESSEEIS PROPERTY SHALL BE MADE FOR THE BENEFIT OF CREDITORS OR OTHERIISE, OR IF LESSEE'S LEASE -HOLD 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, OR IF THE MONTHLY INSTALLMENTS OF RENT NOT BE PAID, THEN AND IN ANY SUCH CASE, THE LESSOR MAY AT HIS OPTION IMMEDIATELY, WITH OR WITHOUT NOTICE, NOTICE BEING EXPRESSLY WAIVED, TERMINATE THIS LEASE AND IMMEDIATELY RETAKE POSSESSION OF SAID PREMISES WITHOUT THE SAME WORKING ANY FORFEITURE OF THE OBLIGATIONS OF THE LESSEE HEREUNDER; AND IT IS FURTHER AGREED THAT IN THE EVENT OF ANY OF THESE 53 HAPPENINGS, THE LESSOR SHALL HAVE A LIEN FOR THE PAY14MT OF ALL RENT PROVIDED FOR IN THIS LEASE UPON ALL THE FURNITURE, INVENTORX AND FIXTURES OF THE LESSEE IvMCH ARE OR MAY BE PUT ON THE SUBJECT PREMISES, AND SUCH LIEN MAY BE ENFORCED BY THE TAKING AND SALE OF SUCH PROPERTY IN THE SAME MANNER AS IN THE CASE OF SALE UNDER A SECURITY AGREE11ENT PURSUANT TO THE COLORADO UNIFORM COlMERICAL CODE. IN tai ln=S T MEREOF t THE PARTIES HERETO HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: CL %` APPROVED AS TO FORM: � /g CITY ATTO P UEBLO p A MUNICIPAL CORPORATION �, �.i ♦ .� ,. •+ CA —LU INC. DBA BUDGET RENT A CAR OF PUEBLO BY KEITH C. L VICE PRESIDENT 7 PUEBLO 2vOlORIAL AIRPORT LEASE AGREEMENT RENTAL FEES LESSEE AGREES TO PAY TO LESSOR ON A MONTHLY BASIS COVERING THE PRECEDING MONTH AT SUCH PLACES AS THE LESSOR MAY FROM TIME TO TIME DESIGNATE, FOR THE USE OF THE DE ISED PREMISES: THE FOLLOWING RENTAL FEES, TO WIT: THE CURRENT RENTAL RATE OF SAID OFFICE SPACE IS $8.,91 PER SQUARE FOOT PER YEAR - - 10' X 12' _ 120 SQUARE FEET AT $8.91 = $1069,00 ANNUALLY OR $89.08 PER i iONTH.