HomeMy WebLinkAbout5246RESOLUTION NO. 5246
A RESOLUTION APPROVING A LAND LEASE AND
OPERATING AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND FLOWER AVIATION,
INC., AND AUTHORIZING THE PRESIDENT OF THE
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
A Land Lease and Operating Agreement dated September 12,
1983, a copy of which is attached hereto and made a part hereof by
reference, by and between Pueblo, a Municipal Corporation, and
Flower Aviation, Inc. relating to a land lease and operation of
a Fixed Base Operator located at Pueblo Memorial Airport, be, and
the same is hereby approved, subject to the conditions as set
forth in said Land Lease and Operating Agreement.
SECTION 2.
The President of the Council is hereby authorized to
exectue said Land Lease and Operating Agreement on behalf of
Pueblo, 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 Land Lease and
Operating Agreement will be used for the operation, maintenance
and improvement of the Airport.
ATTEST:
A,�'t� 1�9&- I i
E Clerk
Introduced September 26 , 1983
By MIKE SALARDINO
Councilman
APPROVED:
President of the City Council
PUEBLO MEMORIAL AIRPORT
OPERATING AGREEMENT AND LAND LEASE
This Lease made this 12th day of September , 1983
between the City of Pueblo, a Municipal Corporation (herein
"City ") and Flower Aviation, Inc.
(herein "Lessee "), WITNESSETH:
In consideration of the payment of rent hereinafter provided
and the keeping and performance of each of the covenants and
agreements of the Lessee hereinafter set forth, City has and
does hereby lease unto the Lessee the land located at Pueblo
Memorial Airport, Pueblo County, Colorado (herein "Airport ")
described in Exhibit "A" attached hereto and incorporated
herein as if set out in full (herein "Property ") for a term of
twenty (20) years from April 1 , 1986 to March 31 , 2006.
For and in consideration of the leasing of the Property,
Lessee does hereby covenant and agree as follows:
1. Lessee shall fulfill the basic minimum standards and
offer the mandatory services and activities set forth and
described in the Pueblo Memorial Airport Minimum Standards
For Airport Aeronautical Services, May 17, 1977, (herein
"Standards "). Lessee hereby acknowledges receipt of a copy
of the Standards. In addition to such services and activities,
Lessee may on the Property (a) lease automobiles belonging to
responsible rental companies or (b) sell and dispense soft
drinks, candy and tobacco from coin operated vending machines
but not food or food products.
2. Lessee shall pay to City as and for rent, the following:
(a) For use of services and facilities presently being
provided at the Airport, namely: sewage disposal, public
street maintenance, fire protection and public street
lighting, an annual service fee based on $200.00 per acre
in monthly installment of $80.00 in advance without notice
on or before the tenth day of each month during the effective
period of this Lease. The service fee, at the sole option
of City, may be modified, increased or decreased five years
after the commencement of the original term and every five
years thereafter during the effective period of this Lease,
provided, that if City shall reduce or eliminate any or all
of the services and facilities presently being provided,
the service fee for the reduced services or facilities
shall be determined by mutual agreement of City and Lessee
but such fee shall not be less than City's actual cost and
expense of providing such services or facilities. For
purposes hereof City and Lessee agree that the Property
contains 4.8 acres and that the annual service fee for the
first five years if $960.00 per year.
(b) For aviation fuel sold or dispensed on or from the
Property, a flow fee equal to 5.5 cents per gallon for the
first 40,000 gallons sold or dispensed each month and 6.5
cents per gallon for each additional gallon. The flow fee
shall be paid monthly on or before the tenth day of the
following month.
(c) For other services and activities, a fee of one
percent (1%) of Lessee's gross revenue from all sales,
operations, services and activities made, furnished or
conducted on or from the Property, except revenue from
the sale of aviation fuel. Such fee shall be paid monthly
on or before the tenth day of the following month.
(d) For use of the land, owned by the Airport, the Lessee
shall pay as rental for use and occupancy an annual fee of
$ 240.00 per acre, in monthly installments of $ 96.00 in
advance without notice on or before the tenth day of each
month during the effective period of this Lease. This rental
fee is subject to increase every five years from commencement
of Agreement.
and (d) - A Ir-4
(e) If the total fees payable under (b) and (c) /above
are less than $ 73,313.00 (annual guarantee) for any calendar
year, Lessee shall pay the difference between the annual
guarantee and the total fees paid on or before the twentieth
day of January of the following calendar year. If any portion
of the term of the Lease is less than a calendar year, the
annual guarantee and rent paid hereunder shall be prorated.
3. Lessee shall, within six months after commencement of
the original term, construct upon the Property a building having
a minimum of 6,000 square feet of net usable floor area in
compliance and in accordance with City Building Codes and plans
and specifications approved prior to construction by the City.
The building will be inspected and approved by City prior to
occupancy thereof. Failure to so timely construct said building
shall constitute grounds to terminate the Lease upon ten (10)
days prior written notice to Lessee.
4. Lessee shall not permit or authorize any person, firm
or corporation to conduct commercial flying operations or
activities on or from the Property or to use the Property as
a base for commercial aviation operations unless authorized by
Resolution of the City Council of City and unless such person,
firm or corporation pays a landing fee to the City for the use
of the Airport as established by Resolution of the City Council
of City. Lessee shall collect all such landing fees and remit
same to the City less five percent (5 %) thereof for collection
costs. Landing fee schedules are available at the office of
the Airport Superintendent.
5. Lessee shall not engage in any business or conduct any
activity at the Airport or upon the Property other than that which
is specifically authorized herein.
6. Lessee shall properly grade and surface with concrete,
asphalt, asphaltic concrete or other cover material approved
by the City all areas of the Property used for motor vehicle
travel or parking and maintain such areas in good condition.
7. Lessee shall keep and maintain the Property in a clean,
safe and orderly condition free of waste, rubbish, debris, trash
and weeds and shall provide for the sanitary handling and dis-
posal of all trash, garbage, waste and other refuse from the
Property. All unsightly areas of the Property used for the
storage of parts, materials, supplies, equipment or damaged
aircraft pending repairs shall be completely enclosed or
screened from public view by a solid fence not less than six
(6) feet in height. Such fence shall be maintained in good
and sightly condition and shall not be used as a sign or for
the support of signs. All signs or advertising placed on the
Property including any painted or installed on any building or
improvement thereon shall be first approved by the City. If
Lessee within 48 hours after receipt of notice from City shall
not remove waste, rubbish or other debris from the Property and
dispose of same, City may cause the waste, rubbish or other
debris to be removed and disposed of and the cost thereof plus
an amount equal to 100% thereof shall be charged to Lessee as
additional rent and be paid by Lessee immediately upon billing
therefor.
8. Lessee shall promptly pay when due and discharge all
lawful charges, taxes, assessments and liens of whatever kind
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or nature which may be levied upon or assessed against the Lessee,
Property or improvements thereon. Lessee shall furnish and
pay all charges for utilities used by Lessee.
9. Lessee shall maintain and keep the Property including
all buildings and improvements whether now located or subse-
quently constructed thereon in good order and repair at its
sole cost and expense. All work and materials required to
so maintain the Property shall be performed and furnished
promptly and in a workman -like manner. City reserves the
right to specify colors to be used in painting the exteriors
of buildings and improvements on the Property. Lessee shall
paint all buildings in need of painting within six months
from the effective date of the original term and thereafter
maintain all painting in good condition.
10. Lessee shall keep and maintain records of all business
conducted or transacted on or from the Property in accordance
with accepted accounting practices. Such records shall be open
for inspection by the City or its agents for purpose of exam-
ination and audit upon reasonable notice.
11. Lesssee 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
the Utilities Map of the Pueblo Memorial Airport, on file in
the office of the Airport Superintendent, as may be necessary
to his enjoyment and use of the Property. Lessee's use of the
sewer is restricted by and made subject to the City's ordinances
relating to sewer users and sanitary sewer restrictions.
12. The Lessee represents that he has inspected the Airport
and all its premises and facilities including the Property and
that he accepts the condition of same and fully assumes the
risk incident to the use thereof. The City shall not be liable
to the Lessee for any damages or injuries to persons or property
which results from hidden, latent, or other dangerous conditions
of the Airport.
13. Lessee, its employees and invitees shall have the right
of ingress and egress between the main entrance of the Airport,
as presently exists, or may hereafter be relocated and the
Property over, upon and through such streets and no other as
from time to time shall be designated by the Director of
Aviation of the City.
14. City shall have full and unrestricted right to enter
upon and inspect the Property at all times.
15. Lessee shall make no alterations in or additions to
the Property without first obtaining the written consent of
City. All additions or improvements placed upon the Property
of a permanent nature by Lessee including the building to be
constructed by Lessee pursuant to paragraph 3 of this Lease
shall be and become the property of City upon termination of
this Lease free of all liens, taxes and encumbrances.
16. If Lessee defaults in the payment of rent or any part
thereof or fails to perform or observe any of the conditions
and covenants on its part to be performed or observed hereunder,
and such default or failure shall continue for a period of ten
(10) days after written notice thereof has been given to Lessee
by first class mail addressed to Lessee at its last known
address at Pueblo Memorial Airport, then, in that event, and
as often as same may happen, it shall be lawful for City, at
its election, with or without notice, to terminate this Lease
and to re -enter and repossess the Property, using such force
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as may be necessary, and to remove from the Property all personal
property of Lessee without prejudice to any claim for rent or
for breach of covenants, or without being guilty of trespass
or forcible entry or detainer. City is hereby granted a lien
and security interest for payment of rent and damages for breach
of covenants upon all Lessee's goods and personal property which
is or may be placed upon the Property including without limitation
business fixtures, equipment, inventory and proceeds thereof and
such lien may be enforced by the taking and sale of such property
in the same manner and as provided for the disposition of collateral
under the Colorado Uniform Commercial Code.
17. If the Property is left vacant and any part of the rent
remains due and unpaid, City may, without being obligated to do
so, and without terminating this Lease, retake possession of the
Property and rent the same for such rent and upon such terms as
City may think best, making such changes and repairs as may be
required, giving credit for the amount of rent received less
all expenses of such changes and repairs, and Lessee shall be
liable for the balance of the rent until expiration of this
Lease. Lessee agrees to pay to City all costs, including
reasonable attorney fees, of any action brought by City to
recover rent or other money due and unpaid under the Lease
or to recover possession of the Property, whether such action
proceeds to judgment or not.
18. No waiver of any breach of any one or more of the
conditions or covenants of this Lease by City shall be deemed
to imply or constitute a waiver of such breach or of any
succeeding or other breach hereunder. The acceptance of rent
by City shall not constitute a waiver of any breach then existing.
19. If Lessee remains in possession of the Property after
termination of the Lease without written agreement, such
possession shall be deemed to be a tenancy from month to month
upon the same covenants and conditions set forth herein and at
a monthly rental equal to two times the average of the monthly
payments payable hereunder for the prior twelve months.
20. If, for the purpose of enlarging or extending its
terminal Building or for other public purposes, City requires
any part of the Property lying west of the Terminal Building,
City may terminate this Lease as to that part of the Property
so required, provided City leases to Lessee land of similar
area which is contiguous to the Property.
21. City reserves for itself, its agents, officers and
employees the right of ingress and egress over, upon and through
the Property.
22. The General Provisions consisting of paragraph 1 through
22, attached hereto as Exhibit "B ", are incorporated herein and
shall be binding upon and inure to the benefit of Lessee and
City as if set out herein in full.
23. The flowage fee is subject to review in the event of
major repairs or construction at the fuel farm. Any increase
in flow fee will not exceed a 20% increase. Any increase or
decrease in flow fee will be uniformly applied to all users.
MEAM
24. Lessee shall make available and provide on a continuous
twenty -four hour daily basis during the effective term of this
Lease aircraft fuel and oil dispensing services and the services
of a qualified mechanic.
25. Lessee shall maintain the ramp area of the Property
in good condition, free of snow, ice, dirt and debris. If
Lessee requests City to sweep or remove snow from the ramp
or other areas of the Property, City may, at its option,
provide such services as time permits at a charge to Lessee
equal to 150% of City's cost therefor including a reasonable
charge for City's equipment.
26. Lessee shall provide the Civil Air Patrol with a free
tie -down space for one airplane on the Property together with
the right of ingress and egress over the Property to and from
the tie -down space.
27. In the event of a conflict between any provision of
the Lease, the Standards or the General Provisions, the General
Provisions shall control.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
ATTEST:
A PPROVED TO FOR
PUEBLO, A MUNICIPAL CORPORATION
P resident of e City Council
��pW�CQ V 1 �-T7DN � �7V(�•
Lessee
ATTEST:
City Att n
Secreta f Lessee),
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EXHIBIT "A"
A parcel of land in the SE 1/4 of the NE 1/4 of Section
25, T -20 -S, R -64 -W and in the SW 1/4 of the NW 1/4 of Section
30, T -20 -S, R -63 -W, more particularly described as follows:
Beginning at the W 1/4 corner of Section 30, T -20 -S,
R -63 -W; thence North 0 0 08'40" West and along the west line
of said Section 30, a distance of 381.54'; thence South
88 1 18 1 05" West, a distance of 225.00'; thence North 01'41'55"
West, a distance of 325.66'; thence North 88 °18 East, a
distance of 200.00' to the point of beginning; thence con-
tinuing North 88 °18'05" East, a distance of 214.00'; thence
North 01'41'55" West, a distance of 324.00'; thence North
88 East, a distance of 31.00'; thence North 01 °41'55"
West, a distance of 39.00'; thence South 88 1 18'05" West, a
distance of 5.00'; thence North 01 °41 West, a distance
of 71.00'; thence South 88 East, a distance of 98.00';
thence North 01'41'55" West, a distance of 71.00'; thence
North 88 1 18'05" East, a distance of 211.00'; thence South
01'41'55" East, a distance of 71.00'; thence North 88'18'05"
East a distance of 200.00'; thence South 01 °41'55" East, a
distance of 183.00' to the point of beginning; Said parcel
of land contains 4.8 acres more or less.
EXHIBIT "B"
GENERAL PROVISIONS
1. This Lease is subject and subordinate to the provisions
of any existing or future agreement between City and the United
States Government or any agency thereof relating to the operation
or maintenance of the Pueblo Memorial Airport. The United States
Government has reserved the right of immediate re -entry in, to and
upon the Pueblo Memorial Airport including the Property in the
event of a National Emergency. If such right is exercised, the
Lease shall terminate and Lessee shall immediately quit and vacate
the Property and remove all its property and equipment therefrom.
If the Lease is so terminated, neither City or Lessee shall be
liable or responsible to the other party for any damages or
injury resulting from or occasioned by such termination or on
account of any covenants of the Lease or herein otherwise
contained.
2.. The terms and provisions of the Lease and these General
Provisions are subject to the provisions of Chapter 1 of Title
III of the 1971 Code of Ordinances by the City in effect at the
time of execution of the Lease or as same may be hereafter amended.
In the event of a conflict between the provisions of said Chapter
1 of Title III and any provision of the Lease or these General
Provisions, the provisions of said Chapter 1 of Title III shall
control.
3,. City reserves for the use and benefit of the public, a
right of flight for the passage of aircraft above the surface of
the Property, together with the right to cause in said airspace
such noise as may be inherent in the operation of any aircraft
now known or hereafter used, for navigation of or flight in said
airspace, and for use of said airspace for landing on, taking off
from, or operation on or over the Pueblo Memorial Airport.
4. Lessee shall restrict the height of structures, buildings,
objects of natural growth and other obstructions on the Property
to a height of not more than 4683 feet above sea level. Lessee
shall not erect or permit the erection of any structure, or allow
trees to grow, or use or permit the Property to be used, in any
manner which might interfere with the landing and taking off of
aircraft at Pueblo Memorial Airport or otherwise constitute a
hazard to aviation. The City reserves the right to take any
action it considers necessary to protect the aerial approaches
and aeronautical use of the Pueblo Memorial Airport against
obstruction or hazards including, without limitation, removing
from the Property at Lessee's expense any offending structure,
object, use, or growth.
5. City reserves the right, without any obligation on its
part to do so, to maintain and keep in repair the landing area
of the airport or other public areas or facilities and to develop,
modify, change, relocate, abandon or improve the Pueblo Memorial
Airport, or any part thereof, as it may determine, in its sole
and absolute discretion, at any time. Lessee hereby releases
and forever discharges City from any and all damages or injuries
resulting from or occasioned by any such actions taken or omitted
to be taken by the City.
6. Lessee shall fence non - public areas from public areas
within or immediately adjacent to the Property and police the
non - public areas within or immediately adjacent to the Property,
keeping unauthorized persons or vehicles out of same.
7. Lessee in performing its operations or providing services
under the Lease shall: (a) furnish good, prompt and efficient
services; (b) operate and furnish services on a fair, equal and
nondiscriminatory basis to all users thereof; and (c) charge fair,
equal, reasonable and nondiscriminatory prices for each unit of
sale or service, including parts, materials, and supplies,
provided, Lessee may be permitted to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions to quantity purchasers.
8. The Lessee, as a part of the consideration hereof does
hereby further covenant and agree, as a covenant running with
the Property, that in the event facilities are constructed,
maintained, or otherwise operated on the Property for a purpose
for which a Department of Transportation program or activity is
extended or for another purpose involving the provisions 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, Nondiscrimination in
Federally- Assisted Programs of the Department of Transportation
- Effectuation of Title VI of the Civil Rights Act of 1964, and
as such Regulations may be amended (herein "Regulations ").
The Lessee does further hereby covenant and agree, as a
covenant running with the Property, that (a) 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 Property, (b)
that in the construction of any improvements on, over, or under
the Property and the furnishing of service 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, and (c) that the
Lessee shall use the Property in compliance with all other
applicable requirements imposed by or pursuant to the Regulations.
That in the event of breach of any of the above non-
discrimination covenants, the City shall have the right to
terminate the Lease and to re -enter and repossess the Property
and the facilities thereon, and hold the same as if the Lease
had never been made or issued.
9. Lessee, its officers, agents and employees shall
faithfully observe all rules and regulations affecting the
use of the Pueblo Memorial Airport or motor vehicles thereon
or the use and occupancy of the Property, whether established
by the Director of Aviation, the City, the State of Colorado,
or the United States or agencies thereof and Lessee's use and
occupancy of the Property and improvements thereon are subject
to all ordinances of the City the same as though the Property
and Pueblo Memorial Airport was located within the jurisdictional
limits of City.
10. Notwithstanding any provision in the Lease or these
General Provisions to the contrary, the Lease and the rights
granted to Lessee thereunder are not and shall not be construed
to be a grant of an exclusive right, privilege or franchise.
:f'essee further understands and agrees that no right or privilege
granted by the Lease will operate to prevent any person, firm
or corporation operating aircraft on Pueblo Memorial Airport
from performing any services on its own aircraft with its own
regular employees, including, but not limited to, maintenance
and repairs that it may choose to perform.
11. The Property and Lessee's use thereof is subject to
recorded and unrecorded rights of way and easements and existing
lines and facilities for water, gas, sewer, electrical, telephone
and other utilities. No buildings or other structures of a
permanent nature shall be constructed on, over, adjacent to
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or under any waterline, sewerline or other utility lines or
appurtenant facilities on the Property. Lessee after prior
written consent of City may move and relocate such utility
lines at its sole cost and expense to another location pur-
suant to plans and specifications approved by City.
12. Lessee shall indemnify and save harmless the City, its
officers, agents and employees from and against any and all claims,
demands, actions, suits and expenses (including reasonable attorney
fees) of any nature including those based upon injury to persons,
including death, or damage to property, including loss of use,
arising out of, caused by, or sustained by the acts or omissions
of Lessee, its officers, agents or employees, or in connection
with the performance of the Lease, or by conditions created
thereby, or by conditions of the Property, or based upon any
violation of any statute, ordinance, or regulation, except those
caused by the negligence of the City, its officers, agents or
employees.
13. Lessee shall maintain at its expense during the effective
period of the Lease (a) comprehensive general liability, products
liability, and automobile insurance against liability for injuries
to or death of any person for damage to or loss of property with
limits not less than $500,000 combined single limit per occurrance,
and (b) workmen's compensation insurance with policy provisions
as required by Colorado law. Lessee shall furnish to City
certificates from an insurance company acceptable to City
certifying such insurance to be in force during the effective
term of the Lease. All such insurance shall provide for a
minimum of ten (10) days notice to City in the event of
cancellation or material change in the terms thereof. City
reserves the right to reasonably increase the minimum insurance
limits set forth in (a) above.
14. The Lease and these General Provisions are intended as
the complete integration of all understandings and agreements
between the parties. No prior or contemporaneous addition,
deletion, or other amendment shall have any force or effect
whatsoever unless specifically included in the Lease. No
subsequent novation, renewal, addition, deletion, or other
amendment to the Lease or hereto shall have any force or effect
unless embodied in a written agreement and approved by resolution
or ordinance of the City Council of City.
15. Lessee shall not assign or otherwise transfer the Lease
or any of Lessee's interest therein or sublease the Property or
any portion thereof without the prior written consent of City
first had and obtained. If Lessee is a corporation or partnership,
a majority interest in the voting stock of the corporation or
majority interest in the partnership shall not be sold or otherwise
transferred without the prior written consent of City. Any such
assignment, transfer or sublease made without prior written consent
of the City shall be void and ineffective as to City and shall
constitute grounds to terminate the Lease.
16. In case any one or more of the provisions contained
herein or in the Lease shall be invalid, illegal or unenforce-
able in any respect, the validity, legality and enforceability
of the remaining provisions contained herein or in the Lease
shall not be affected or impaired thereby.
17. Whenever in the Lease or in these General Provisions any
of the parties hereto is named or referred to, the successors and
assigns of such party shall be deemed to be included and all the
covenants, promises and agreements contained herein or in the
Lease by or on behalf of the Lessee, or by and on behalf of the
City, shall bind and inure to the benefit of the respective
successor and assigns, whether so expressed or not.
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as may be necessary, and to remove from the Property all personal
property of Lessee without prejudice to any claim for rent or
for breach of covenants, or without being guilty of trespass
or forcible entry or detainer. City is hereby granted a lien
and security interest for payment of rent and damages for breach
of covenants upon all Lessee's goods and personal property which
is or may be placed upon the Property including without limitation
business fixtures, equipment, inventory and proceeds thereof and
such lien may be enforced by the taking and sale of such property
in the same manner and as provided for the disposition of collateral
under the Colorado Uniform Commercial Code.
17. If the Property is left vacant and any part of the rent
remains due and unpaid, City may, without being obligated to do
so, and without terminating this Lease, retake possession of the
Property and rent the same for such rent and upon such terms as
City may think best, making such changes and repairs as may be
required, giving credit for the amount of rent received less
all expenses of such changes and repairs, and Lessee shall be
liable for the balance of the rent until expiration of this
Lease. Lessee agrees to pay to City all costs, including
reasonable attorney fees, of any action brought by City to
recover rent or other money due and unpaid under the Lease
or to recover possession of the Property, whether such action
proceeds to judgment or not.
18. No waiver of any breach of any one or more of the
conditions or covenants of this Lease by City shall be deemed
to imply or constitute a waiver of such breach or of any
succeeding or other breach hereunder. The acceptance of rent
by City shall not consitute a waiver of any breach then existing.
19. If Lessee remains in possession of the Property after
termination of the Lease without written agreement, such
possession shall be deemed to be a tenancy from month to month
upon the same covenants and conditions set forth herein and at
a monthly rental equal to two times the average of the monthly
payments payable hereunder for the prior twelve months.
20. If, for the purpose of enlarging or extending its
terminal Building or for other public purposes, City requires
any part of the Property lying west of the Terminal Building,
City may terminate this Lease as to that part of the Property
so required, provided City leases to Lessee land of similar
area which is contiguous to the Property.
21. City reserves for itself, its agents, officers and
employees the right of ingress and egress over, upon and through
the Property.
22. The General Provisions consisting of paragraph 1 through
22, attached hereto as Exhibit "B ", are incorporated herein and
shall be binding upon and inure to the benefit of Lessee and
City as if set out herein in full.
23. The flow fee review will be
years after the commencement of the
ment. Any increase in flow fee will
Any increase or decrease in flow fee
to all users.
undertaken every five ( 5 )
original term of the agree -
not exceed a 20% increase.
will be uniformly applied
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