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HomeMy WebLinkAbout6155RESOLUTION NO. 6155 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN DENNIS KELSEY AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, THAT: SECTION 1: A CERTAIN LEASE AGREEMENT DATED OCTOBER 18,1976 IS HEREBY RENEWED BY A LIKE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, AFTER HAVING BEEN APPROVED AS TO FORM BY THE CITY ATTORNEY, BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DENNIS KELSEY OF LIND, WASHINGTON: RELATING TO THE LEASING AND DISPLAY OF A SPECIFIC AIRCRAFT (YF -101A) IN THE FRED E. WEISBROD AIRCRAFT MUSEUM 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 CITY COUNCIL IS HEREBY AUTHORIZED TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF PUEBLO, A MUNICIPAL CORPORATION, AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME. INTRODUCED March 14, 1988 BY SAMUEL CORSENTINO COUNCILMAN APPROVED: 77S IDENT OF THE CITY COUNCIL LEASE AGREEMENT LEASE AGREEMENT, made October 18, 1986, between DENNIS KELSEY, Rt 1 Box 356, Lind, Washington 99341, herein called "Kelsey ", and PUEBLO, A MUNICIPAL CORPORATION, 1 City Hall Place, Pueblo, Colorado 81003, herein called "Pueblo "; W I T N E S S E T H: WHEREAS, Kelsey is the owner of a YF -101A, SIN 53 -2418 aircraft, herein called "Aircraft ", and is desirous of leasing said Aircraft to Pueblo for the purpose of public display; and WHEREAS, Pueblo is desirous of leasing said Aircraft from Kelsey for the purpose of public display; NOW, THEREFORE, in consideration of the mutual agreements herein set forth, it is agreed as follows: 1. LEASE Kelsey agrees to lease to Pueblo and Pueblo agrees to rent from Kelsey the Aircraft for a period of five years from October 18,1986 to October 18, 1991. 2. RENTAL Except for the covenants required to be performed by Pueblo hereunder, no rent shall be paid by Pueblo to Kelsey. 3. LOCATION The Aircraft shall be assembled by Pueblo and placed for continuous public display at Pueblo Memorial Airport. 4. ASSEMBLE AND DISPLAY (a) Pueblo shall, at its cost and expense, make repair to the Aircraft for its reasonable preservation and upon termination of this Lease shall surrender possession of the assembled Aircraft to Kelsey at the Pueblo Memorial Airport in as good condition as received, loss by acts of God, inevitable accident over which Pueblo has no control, or ordinary wear excepted. (b) Pueblo shall during the term of this Lease display the Aircraft for public view in the same manner as Pueblo openly displays other aircraft which it possesses. 5. OWNERSHIP The Aircraft shall at all times be the property of Kelsey and, except for the right to display same, Pueblo shall have no rights or property interest therein. 6. INSURANCE Pueblo shall include the Aircraft under its insurance policies and shall cause the Aircraft to be insured against burglary, theft, fire and vandalism and the proceeds of such policies shall be used to repair damages to the Aircraft unless the parties hereto shall mutually determine that the Aircraft not be repaired. In such event, the proceeds thereof shall be paid to Kelsey, this Lease terminated, Pueblo released from all liability hereunder, and the Aircraft removed by Kelsey. 7. INDEMNITY Pueblo shall indemnify and save harmless Kelsey from and against all claims and demands on account of the injury to or the death of any other person or persons, as well as the destruction of, damage to, or loss of property of any other person or persons, resulting from or arising out of this Lease or the transportation, assembly, or display of the Aircraft. 8. REMOVAL PRIOR TO TERMINATION (a) Kelsey shall have the right to terminate this Lease Agreement upon giving to Pueblo ninety (90) days prior written notice of termination specifying the date of the termination. Kelsey shall, at his sole cost, with or without assistance from the Airport Museum personnel, disassemble the aircraft in place and remove same from Pueblo Memorial Airport within said 90 day period and for said purposes Kelsey shall have the right to enter upon the property of Pueblo. (b) REMOVAL AT TERMINATION At the termination of this Lease, Kelsey shall, at his sole cost and expense, have the right to disassemble the aircraft in place and shall remove same from the Pueblo Memorial Airport within ninety (90) days after terminated, and for said purposes Kelsey shall have the right to enter upon the property of Pueblo. 9. LEASE EXTENSION If Kelsey shall not remove the Aircraft within 90 days after the termination of this Lease, this Lease may, at the option of both parties, be renewed and extended for an additional term of five years upon the same terms and conditions including this paragraph; commencing October 18,1991, and terminating on October 18,1996. 0+: 10. NOTICES Any notice required or permitted under this Lease shall be deemd to have been sufficiently given for all purposes if sent by registered mail, postage prepaid, addressed to the party to be notified at its address shown at the beginning of this Lease or at such other address as may be furnished to the notifying party in writing. 11. CONSTRUCTION This Lease shall be construed in accordance with the Laws of the State of Colorado. 12. ENTIRE AGREEMENT This Lease constitutes the entire Agreement between the parties and may not be modified except by a written instrument signed by the parties hereto. 13. AIRCRAFT NUMBER Permission is granted to paint the FAA registration number N9250Z on the aircraft fuselage. IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed as of the day and year first above written. LESSEE: CITY OF PUEBLO, A MUNICIPAL CORPORATION i IDENT OF THE CITY COUNCIL � ' ../ WY - CL RK IMY•Y6ls6 Denni e sey 3