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-