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HomeMy WebLinkAbout5188I L/ RESOLUTION NO. 5188 A RESOLUTION AUTHORIZING THE TERMINATION OF THE LEASE DATED APRIL 1, 1976 FOR PROPERTY AT THE PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND VORTEX INDUSTRIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Lease Agreement dated April 1, 1976 between Vortex Industries, Inc., as Lessee, and the City of Pueblo, a Municipal Corporation, as Lessor, for Building T. 152, known as the "Blitz" hangar and adjacent land at Pueblo Memorial Airport be terminated pursuant to paragraph 6(c) of the Lease Agreement for the following defaults and breaches of the Lessee under the Lease Agreement: (a) Failure of the Lessee to use the leased premises to fabricate industrial products, such as anti - pollution equipment, i.e.: electrostatic precipitators, scrubbers, and similar product lines, and for no other purpose as specified and required under paragraph 1(A) of the Lease Agreement. (b) Subleasing the leased premises without prior written approval of Lessor as specified and required under paragraph 1(A) of the Lease Agreement. (c) Failure to keep the leased premises neat, clean, safe and orderly at all times, free of waste, rubbish and debris as specified and required under paragraph 3(B) of the Lease Agreement. (d) Failure to furnish a certificate from its insurance carrier showing insurance to be in full force and effect as specified and required by paragraph 3(H) of the Lease Agreement. (e) Foreclosure upon and sale at auction of United Erectors r'^ violation and complete frustration of the general nature and specific purpose for which the Lease Agreement was originally entered into. SECTION 2 The City Manager is authorized and directed to give all notices required under the Lease Agreement to cause its termina- tion and the City Attorney is directed and authorized to institute all proceedings and actions to terminate the Lease Agreement and to retake and recover possession of the property described in the Lease Agreement. INTRODUCED: July 11 , 1983 By MIKE SALARDINO Councilman APPROVED: ATTEST: A4_ �/, Q zu� & -, o�, P esident of the City Council Ai Ci Clerk RESOLUTION NO. 5188 A RESOLUTION AUTHORIZING THE TERMINATION OF THE LEASE DATED APRIL 1, 1976 FOR PROPERTY AT THE PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND VORTEX INDUSTRIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Lease Agreement dated April 1, 1976 between Vortex Industries, Inc., as Lessee, and the City of Pueblo, a Municipal Corporation, as Lessor, for Building T. 152, known as the "Blitz" hangar and adjacent land at Pueblo Memorial Airport be terminated pursuant to paragraph 6(c) of the Lease Agreement for the following defaults and breaches of the Lessee under the Lease Agreement: (a) Failure of the Lessee to use the leased premises to fabricate industrial products, such as anti - pollution equipment, i.e.: electrostatic precipitators, scrubbers, and similar product lines, and for no other purpose as specified and required under paragraph 1(A) of the Lease Agreement. (b) Subleasing the leased premises without prior written approval of Lessor as specified and required under paragraph 1(A) of the Lease Agreement. (c) Failure to keep the leased premises neat, clean, safe and orderly at all times, free of waste, rubbish and debris as specified and required under paragraph 3(B) of the Lease Agreement. (d) Failure to furnish a certificate from its insurance carrier showing insurance to be in full force and effect as specified and required by paragraph 3(H) of the Lease Agreement. (e) Foreclosure upon and sale at auction of United Erectors of Colorado, Inc. equipment and filing of bankruptcy petitions by United Erectors of Colorado, Inc., the Lessee's subsidiary and occupant of the leased premises in violation of paragraph 6(B) of the Lease Agreement. (f) Failure to actively and continuously conduct and engage in business on the leased premises and to employ personnel in violation and complete frustration of the general nature and specific purpose for which the Lease Agreement was originally entered into. CVrmTnM 7 The City Manager is authorized and directed to give all notices required under the Lease Agreement to cause its termina- tion and the City Attorney is directed and authorized to institute all proceedings and actions to terminate the Lease Agreement and to retake and recover possession of the property described in the Lease Agreement. INTRODUCED: July 11 , 1983 By MIKE SALARDINO Councilman APPROVED: ATTEST: A e. Q/ �,' 0� President of the City Council ' Aal Ci Clerk -2-