Loading...
HomeMy WebLinkAbout6335RESOLUTION NO. 6335 A RESOLUTION CONSENTING TO FLYING WINDS, INC. SUBLEASE OF ITS LAND LEASE AGREEMENT WITH THE CITY OF PUEBLO TO D. G. HUSKIN CONSTRUCTION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO THAT: SECTION 1: CONSENT IS HEREBY GIVEN TO THE SUBLEASE BY FLYING WINDS, INC. OF ITS LAND LEASE WITH THE CITY OF PUEBLO DATED SEPTEMBER 22, 1980 TO D. G. HUSKIN CONSTRUCTION, INC.; PROVIDED D. G. HUSKIN CONSTRUCTION INC. AGREES TO FULLY PERFORM AND FAITHFULLY COMPLY WITH ALL THE COVENANTS AND PROVISIONS IN THE LAND LEASE AGREEMENT; THIS SUBLEASE HAS BEEN APPROVED BY THE CITY ATTORNEY. SECTION 2: THE PRESIDENT OF THE CITY COUNCIL IS AUTHORIZED AND DIRECTED TO EXECUTE THE PUEBLO MEMORIAL AIRPORT LAND SUBLEASE FOR AND ON BEHALF OF THE CITY OF PUEBLO AND THE CITY CLERK IS DIRECTED TO AFFIX THE SEAL OF THE CITY THERETO AND ATTEST SAME. INTRODUCED FEBRUARY 27,1989 BY DOUGLAS L. RING COUNCILMAN APPROVED: ATTEST: CITY CLERK PRE IDENT OF THE CITY COUNCIL AGREEMENT TO SUBLEASE WHEREAS, on or about September 22, 1980, FLYING WINDS, INC., a Colorado Corporation, entered into a Lease Agreement with the CITY OF PUEBLO, a Municipal Corporation, concerning the Lease of a parcel of land containing .1136 acres of land described on Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, FLYING WINDS, INC. desires to sublease to D. G. HUSKIN CONSTRUCTION, INC., the right to use and occupy the improvements con- structed by Flying Winds, Inc. on the parcel of land described on Exhibit "A" attached hereto, and WHEREAS, the parties hereto recognize that any sublease or assign- ment of the Lease Agreement between the City of Pueblo and Flying Winds, Inc. requires the prior written consent of the City of Pueblo. NOW THEREFORE, in consideration of the following mutual covenants and conditions the parties agree as follows: 1. Subject to the approval of the City of Pueblo, Flying Winds, Inc. hereby agrees to sublease to D. G. Huskin Construction, Inc. its interest in the use and occupancy of the improvements located on the real property described on Exhibit "A" and incorporated herein by reference. 2. The term of this sublease shall commence upon the date of approval by the City of Pueblo and shall continue until the expiration of the Lease Agreement between Flying Winds, Inc. and the City of Pueblo. 3. As consideration for this sublease, D. G. Huskin Construction, Inc. agrees to pay to Flying Winds, Inc. the sum of Three Hundred Thirty Dollars ($330.00) per month, in advance, commencing February 8, 1989 and continuing on the 8th day of each month thereafter during the term of this Lease. -� houuf b J4u:�- ✓ ' 4. Flying Winds, Inc. agrees to continue to be/liable to the City of Pueblo for all sums due the City of Pueblo pursuant to the Lease Agreement of September 22, 1980. 5. D. G. Huskin Construction, Inc. agrees to pay to Flying Winds, Inc. the sum of $330.00 upon the execution of this Sublease Agreement and an equal sum on the 8th day of each month thereafter during the term of this Lease. In addition, D. G. Huskin Construction, Inc. agrees to pay to Flying Winds, Inc. all monies paid by Flying Winds, Inc. to the City of Pueblo pursuant to the Lease Agreement together with all monies paid for utilities consumed at the real property described on Exhibit "A" which payments will be made by D. G. Huskin Construction, Inc. within five (5) days after it receives a billing from Flying Winds, Inc. as to the amounts advanced by Flying Winds, Inc. pursuant to the referenced Lease Agreement. 6. At any time after February 8, 1993, Flying Winds, Inc. agrees to assign the remaining interest it has in the Lease Agreement with the City of Pueblo of September 22, 1980 to D. G. Huskin Construction, Inc. in consideration for D. G. Huskin Construction, Inc. paying to Flying Winds, Inc. the sum of Eighteen Thousand Dollars ($18,000.00). Should D. G. Huskin Construction, Inc. exercise this option, and pay to Flying Winds, Inc. the $18,000.00, then D. G. Huskin Construction, Inc. shall no longer be obligated to make the $330.00 monthly payments to Flying Winds, Inc., but D. G. Huskin Construction, Inc. shall thereafter agree to make all payments due to the City of Pueblo or due to the utility companies providing utility services pursuant to the Lease Agree- ment of September 22, 1980. 7. D. G. Huskin Construction, Inc. acknowledges having received a copy of the Pueblo Memorial Airport Lease Agreement of September 22, 1980 between Flying Winds, Inc. and the City of Pueblo. 8. During the term of the Sublease and during the remaining term of the Lease Agreement of September 22, 1980, D. G. Huskin Construction, Inc. agrees to abide by all of the terms and conditions of said Lease Agreement and to perform each and every duty required to be performed by the lessee of said Lease Agreement. 9. D. G. Huskin Construction, Inc. agrees to indemnify and hold Flying Winds, Inc. harmless for any and all loss or damage which Flying Winds, Inc. may suffer as a result of the failure of D. G. Huskin Con- struction, Inc. to comply with all of the terms and conditions of the Lease Agreement of September 22 1980. 10. Should either party to this Sublease Agreement breach any of the terms or conditions hereof, the nonbreaching party shall be entitled to attorneys fees and costs in enforcing the nonbreaching party's rights pursuant to this Agreement. 11. This Sublease Agreement shall, upon approval by the City of Pueblo, be binding upon the parties, their heirs, successors and assigns. D. G. Huskin Construction, Inc. specifically acknowledges that its interest in the Lease Agreement of September 22, 1980 by virtue of this Sublease may not be transferred or assigned without the prior written consent of the City of Pueblo. Dated this 8th day of February, 1989. FLYING WINDS, INC., D. G. HUSKIN CONSTRUCTION, INC. a Colorado Corporation By Tf ttii-L' - e. S' Its President -2- STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) March Subscribed and sworn to before me this 14th day of :Wxbcxwx?c, by Mah T. White as President of Flying Winds, Inc. My commmission expires: 4/25/91 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Notary Pub is Subscribed and sworn to before me this `1 4-11 day of February, 1989 by D.(o.I4"64 President of D. G. Huskin Construction, Inc. My commission expires: %0 L% Notary P blic GUARANTY For and in consideration of Flying Winds, Inc. entering into the Sublease Agreement reflected herein, the undersigned hereby guarantees the performance by D. G. Huskin Construction, Inc. of all of the obli- gations which D. G. Huskin Construction, Inc. has agreed to perform pursuant to this Sublease, including all of those obligations set forth in the Lease Agreement of September 22, 1980. CONSENT The City of Pueblo, a Municipal Corporation, hereby consents to the within Agreement to Sublease this 27th day of February, 1989. CITY OF PUEBLO, A MUNICIPAL CORPORATION By 1 President of the City Council -3-