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HomeMy WebLinkAbout6293RESOLUTION NO. 6293 A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION CONCERNING THE LEASE OF LAND FOR PARKING PURPOSES AT PUEBLO MEMORIAL AIRPORT AND RELATING TO THE MCDONNELL DOUGLAS CORPORATION PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Lease dated November 14, 1988 between the City of Pueblo, a Municipal Corporation and the Pueblo Development Foundation, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is hereby directed and authorized to execute the Lease for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. gPrTTOM 7 The City Council does hereby find and determine that the lease of land for parking purposes in conjunction with the con- struction and use of facilities by McDonnell Douglas Corporation at Pueblo Memorial Airport and the employment resulting therefrom will promote trade and industry, create employment opportunities and provide relief from unemployment in the City, maintain a balanced and stable economy, promote the health and welfare of the people of Pueblo, and constitute the use of land surplus to City's need for valid and proper public purposes. INTRODUCED: November 14, 1988 By MIKE OCCHIATO Councilman ATTEST: APPROVED: A 17 Ci y Clerk President of the City Council TJ 31.39 -2- LEASE THIS LEASE entered into this 14th day of November, 1988 by and between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ( "City ") and Pueblo Development Founda- tion, a Colorado Nonprofit Corporation, P. 0. Box 174, Pueblo, Colorado, 81002 ( "PDF "), WITNESSETH: WHEREAS, PDF and McDonnell Douglas Corporation ( "MDC") entered into leases dated February 11, 1987, October 15, 1987 and September 14, 1987 ( "MDC Leases) for land and improvements located at Pueblo Memorial Airport (herein "Leased Premises ") and WHEREAS, City has previously conveyed the Leased Premises to PDF, and WHEREAS, PDF granted to MDC under the MDC Leases the right to use for employee parking purposes in conjunction with MDC's use of the Leased Premises the land described in Exhibit A, attached hereto and incorporated herein, ( "Employee Parking Area "), and WHEREAS, PDF now requires a lease of the Employee Parking Area from the City to conform with the use previously granted to MDC and for PDF to obtain a building permit from the County of Pueblo, Colorado for the construction of an approximately 7,500 square foot tower facility on the Leased Premises, NOW, THEREFORE, in consideration of the foregoing and mutual promises herein contained, City and PDF agree as follows: 1. In consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by City, City hereby leases to PDF and PDF hereby leases from City upon the terms and conditions herein contained the Employee Parking Area to be used solely by MDC for employee parking purposes in conjunction with MDC's use of the Leased Premises. 2. PDF, through MDC, and pursuant to the MDC Leases shall: (a) construct, install and maintain an asphalt parking lot on the Employee Parking Area. (b) perform all obligations required by MDC as Lessee under the MDC Leases the same as if such obligation were specifi- cally set forth herein, including without limitation, the payment of combined service fees and the obtaining and maintaining of public liability insurance. 3. The term of this Lease shall be ten (10) years, from July 1, 1988 to June 30, 1998 unless sooner terminated as herein provided. PDF shall have the option to renew this Lease for two (2) additional consecutive ten (10) year terms upon the same con- ditions except this option to renew. The renewal option may be exercised by PDF only if MDC exercises its option to renew the MDC Leases and upon written notice given to City by PDF at least ninety (90) days prior to the expiration of the initial term or first renewal term, whichever is applicable. 4. If the MDC Leases are terminated, this Lease shall terminate upon the effective termination date of the MDC Leases. If PDF fails to perform any covenant or condition on its part to be performed hereunder, City may terminate this Lease upon thirty (30) days prior written notice to PDF. 5. PDF shall not assign this Lease or sublease the Employee Parking Area for any purpose or use other than herein specifically stated. Any such attempted assignment or sublease shall be void. 6. PDF acknowledges and agrees the use of the Employee Parking Area is restricted and limited in the same manner as the use of the Leased Premises are restricted and limited under the MDC Leases. Such restrictions and limitations are incorporated herein as if set out in full and are binding upon PDF. 7. PDF shall indemnify, save and hold harmless City, its employees, officers and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney fees, incurred as the result of, or arising directly or indirectly from any act or omission by PDF, or its employees, agents, subcontractors or assigns, or the use or condition of the Employee Parking Area. 8. This Lease shall be binding upon and inure to the bene- fit of City and PDF and their respective successors and assigns. Executed at Pueblo, Colorado the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTE ., �r Ci Clerk P esident of the City Council [SEAL ] ATTEST�+.� W�" �/ y M AC Vr'L_ Secretary PUEBLO DEVELOPMENT FOUNDATION By President TJ 31.38 -2- A parcel of land located in the E 112 of the SW 1/4 and the W 112 of the SE 1/4 of Section 30, Township 20 South, Range 63 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point from which the W 1/4 corner of said Section 30 bears N 61 W (bearings based on the West line of the 14W 1/4 of said Section 30 to bear N 00 11), a distance of 2,989.52 feet; thence N 80 E, a distance of 299.01 feet; thence S 01 "11" E, a distance of 194.53 feet; thence S 88 W, a distance of 298.93 feet; thence N 01 W, a distance of 194.41 feet, to the point of beginning. Said parcel contains 1.33 acres, more or less. EXHIBIT "A"