HomeMy WebLinkAbout6247RESOLUTION NO. 6247
A RESOLUTION APPROVING THE PUEBLO MEMORIAL AIR-
PORT LAND LEASE DATED JULY 25, 1988 BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND CF &I
STEEL CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Pueblo Memorial Airport Land Lease dated July 25, 1988
between the City of Pueblo, a Municipal Corporation and CF &I Steel
Corporation, a copy of which is attached hereto and incorporated
herein, having been approved by the City Attorney, is hereby
approved. The President of the City Council is authorized and
directed to execute the Pueblo Memorial Airport Land Lease for and
on behalf of the City amd the City Clerk is directed to affix the
seal of the City thereto and attest same.
INTRODUCED: July 25, 1988
By DOUGLAS RING
Councilman
ATTEST: APPROVED:
C y Clerk r ident o e City Council
PUEBLO MEMORIAL AIRPORT
LAND LEASE
This Lease made this 25th day of July, 1988 between the City
of Pueblo, a Municipal Corporation (herein "City ") and CF &I Steel
Corporation, Pueblo, Colorado (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 fifteen (15 ) years from
April 1, 1986 to March 31, 2001.
For and in consideration of the leasing of the Property,
Lessee does hereby covenant and agree as follows:
1. Lessee shall use the Property only for the storage of
aircraft and, notwithstanding the provisions of paragraph 15 of
the General Provisions, Lessee may sublease the hangar on the
Property to a third party provided such party shall first obtain
from the City an operating agreement for the use of the hangar.
2. Lessee shall pay to City at the office of the City's
Director of Finance as rent for the Property, in advance on or
before April 1 of each year without notice, and without offset or
reduction:
(a) an annual fee of $264.00 per acre; and,
(b) a combined service fee for services and facilities
now furnished by City at the Pueblo Memorial Airport, namely:
sewage treatment, public street maintenance, fire protection
and street lighting based upon $297.50 per acre per year.
City may, from time to time, reduce or eliminate any or all
of the services or facilities presently being furnished and
may modify, increase, or decrease the annual combined service
fee provided (i) such services and fee shall be non- discrimi-
natory among other tenants and owners of land at Pueblo
Memorial Airport receiving such services and facilities then
being furnished and (ii) such fee shall be reasonable in
relation to City's actual cost and expense of furnishing the
services and facilities then being furnished. City's cost
may include the cost of capital improvements amortized over
the useful life of the improvements.
3. Lessee understands and agrees that waste water dis-
charged from the Property into City's sanitary sewer system and
Lessee's use thereof are limited by and subject to available
treatment capacity of City's wastewater treatment facilities and
City's sewer user, industrial cost recovery, high strength
surcharge, and pretreatment ordinances, rules and regulations
applicable to City's sanitary sewer system at Pueblo Memorial
Airport, now in effect or hereafter adopted or amended. Only
domestic waste water will be discharged from the Property into
City's sanitary sewer system.
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 corpora-
tion pays a landing fee to the City for the use of the Airport as
established by Resolution of the City Council of City.
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 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 disposal
of all trash, garbage, waste and other refuse from the Property.
7. Lessee shall promptly pay when due and discharge all
lawful charges, taxes, assessments and liens of whatever kind or
nature which may be levied upon or assessed against the Lessee,
the Property or improvements thereon. Lessee shall furnish and
pay all charges for utilities used by Lessee.
8. Lessee shall maintain and keep the Property including
all buildings and improvements thereon, whether now located or
subsequently constructed, 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 exterior of buildings and improvements on
the Property. All buildings on the Property and other improve-
ments or additions to the Property of a permanent nature shall be
and become the property of City upon termination of this Lease
free of all liens, taxes and encumbrances.
9. 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 the
Utilities Map of the Pueblo Memorial Airport, on file in the
office of the Airport Superintendent, as may be necessary to its
enjoyment and use of the Property.
10. 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
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results from hidden, latent, or other dangerous conditions of the
Airport.
11. 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.
12. City shall have full and unrestricted right to enter
upon and inspect the Property at all times.
13. Lessee shall make no alterations in or additions to the
Property including the installation of signs without first obtain-
ing the written consent of City which consent shall not be
unreasonably withheld.
14. 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 thirty (30)
days after written notice thereof has been given to Lessee by
first class mail addressed to Lessee at its last known address
according to the records of the City's Department of Aviation,
then, in that event, 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 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.
15. 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.
16. 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.
17. If Lessee remains in possession of the Property after
termination of the Lease without written agreement, such
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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 rent equal to one- twelfth (1 /12th) of the annual payments
payable hereunder for the prior year.
18. City reserves for itself, its agents, officers and
employees the right of ingress and egress for the purpose of
repair, maintenance and replacement of any utility liens or
facilities located over, upon or through the Property.
19. The General Provisions consisting of paragraphs 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.
20. Lessee shall maintain the ramp area of the Property, if
any, 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 1508 of
City's cost therefor including a reasonable charge for City's
equipment.
21. In the event of a conflict between any provision of the
Lease or the General Provisions, the General Provisions shall
control.
22. The Lease Agreement dated March 8, 1971 between the City
and Lessee's assignor HLH Corporation relating to the Property is
hereby cancelled and terminated and each party is released from
all obligations thereunder.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
CfO Clerk Pr sident of the City Council
ATTEST:
LESSEE: CF &I STEEL CORPORATION
By
APPROVED AS TO FORM:
City Atto y
TEJ 29.15 -4-
EXHIBIT "A"
A parcel of ground in the NE 1/4 of Section 25, Township 20
South, Range 64 West, described as follows:
Commencing at the West 1/4 corner of Section 30, Township 20
South, Range 63 West; thence North 0° 08' 40" West a distance of
381.54 feet; thence South 88° 18' 05" West a distance of 225.00
feet; thence North 1° 41' 55" West a distance of 372.66 feet to a
point of beginning; thence North 1° 41' 55" West a distance of
207.00 feet; thence South 88° 18' 05" West a distance of 211.00
feet; thence South 1° 41' 55" East a distance of 207.00 feet;
thence North 88° 18' 05" East a distance of 211.00 feet to the
point of beginning. Said parcel contains 1.0027 acres.
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 �o .
other obstructions on the Property
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to a height of not more than �J-_ 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
�1:5lNllkie VOW-
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.
Lessee 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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18. It is the intention of the parties hereto that the Lease
and these General Provisions and the rights and obligations of the
parties hereunder shall be governed by and construed and enforced
in accordance with the laws of the State of Colorado.
19. Lessee shall at its expense, throughout the term of this
Lease, maintain and keep in force the following additional insurance:
(a) insurance on all buildings and improvements on the
Property against loss or damage by fire and against loss or damage
by other risks embraced by the so- called "Broad Extended Coverage
Endorsement" in amounts at all times sufficient to prevent City
or Lessee, or both, from becoming a coinsurer under the terms of
the applicable policies, but, in any event, in an amount not less
than 90% of the then full insurable value of the buildings and
improvements on the Property. In the event of a covered loss,
the loss will be adjusted by City and Lessee. All insurance
proceeds shall be payable to City and Lessee and be used to
repair the damage or replace the buildings or improvements.
Lessee shall cause City's name to be included on said insurance
as a co- recipient of such proceeds.
(b) contractual liability insurance to insure the
performance by Lessee of the indemnification agreement of
paragraph 12 hereof.
All such insurance shall provide for a minimum of ten (10)
days notice to City in the event of cancellation, non - renewal
or material modification. Lessee shall provide City with
certificates of such insurance.
20. Neither City nor Lessee shall be liable to the other
for any business interruption or any loss or damage to property
or injury to or death of persons occurring on the Airport, or
in any manner growing out of or connected with the Lessee's use
and occupancy of the Property or the condition thereof, whether
or not caused by the negligence or other fault of City or Lessee,
or their respective officers, agents or employees. This release
shall apply to the extent such business interruption, loss, or
damage to property or injury to or death of persons is covered
by insurance regardless of whether such insurance is payable to
or protects City or Lessee, or both. Nothing herein shall be
construed to impose any other or greater liability upon either
City or Lessee than would have existed in the absence of this
provision. This release shall be in effect so long as the
applicable insurance policies contain a clause to the effect
that this release shall not affect the right of the insured
to recover under such policies. Such clauses shall be obtained
by the parties whenever possible. The release in favor of City
contained herein, is in addition to, and not in substitution for,
or in diminution of the hold harmless and indemnification provisions
hereof.
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business on the Property as permitted and authori der the
Lease for a period of 120 consecutive days_9po415nger, City may
terminate and cancel the Lease upon (20) days prior
written notice to Lessee, prow' , hat if the Property
becomes untenable becaus ire or other casualty not
caused by the faul negligence of Lessee, the 120 day
period shal tended by such reasonable time as may be
requir Lessee to make necessary repairs or replacements
22. The Lease and any amendment or modification thereto
are subject to the prior written approval of the Federal Aviation
Administration. Lessee agrees to comply with notification and
review requirements of the Federal Aviation Administration prior
to commencement of construction, modification or alteration of
any building or structure on the Property.
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