HomeMy WebLinkAbout11253Docusign Envelope ID: E567EE40-DEA9-8FF0-8191-3A7ACF51 D95D
ORDINANCE NO. 11253
AN ORDINANCE APPROVING A LEASE BETWEEN PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND L.B. FOSTER
COMPANY FOR A PARCEL OF LAND IN THE MEMORIAL
AIRPORT INDUSTRIAL PARK AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Lease between Pueblo, a municipal corporation, and L.B. Foster Company, dated
August 10, 2026, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Lease in
the name of the City and the City Clerk is authorized to affix the seal of the City thereto and
attest same.
SECTION 2
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance and the attached Lease which are necessary or desirable to
implement the transactions described therein.
SECTION 3.
This Lease and Ordinance shall become effective on the date of final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 27, 2026.
Final adoption of Ordinance by City Council on August 10, 2026. DocuSignedby:
President of City Council
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Action by the Mayor:
E� Approved on
❑ Disapproved on
08/11/2026
based on the following objections:
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of
, on
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 1.Docusigned by:
Go& B,jje:
F48 R41 ...
City Clerk
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City Clerk's Office Item # R9
COUNCIL MEETING DATE: August 10, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A LEASE BETWEEN PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND L.B. FOSTER
COMPANY FOR A PARCEL OF LAND IN THE MEMORIAL AIRPORT
INDUSTRIAL PARK AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
Attached is a Proposed Ordinance approving and authorizing the Mayor to sign an
agreement to lease Parcel Q of the Pueblo Memorial Airport Industrial Park Subdivision
to L.B. Foster Company for an initial term of five years at the rate of $1,500 per month.
PREVIOUS COUNCIL ACTION:
In 2019, Council approved Ordinance No. 9458, which leased Parcel Q to a different
tenant. Council has not acted with respect to Parcel Q subsequent to Ordinance No.
9458.
BACKGROUND:
This parcel is an approximately 3.55 acre unimproved lot located next to Lessee's
manufacturing facility. Lessee intends to use the lot for laydown and storage space.
The lease would commence upon signing for an initial term of five years, with an option
to renew for an additional term of five years.
FINANCIAL IMPLICATIONS:
If approved, the rent remitted pursuant to this lease will contribute $18,000 annually to
the airport fund.
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BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council may decline to enter this lease agreement. There are currently no
alternative plans for this parcel.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. LB Foster Lease
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LEASE
THIS LEASE is entered into as of this 10`h day of August, 2026, by and between the City
of Pueblo, Colorado, a Colorado municipal corporation ("Lessor") and L.B. Foster Company, a
Pennsylvania Corporation ("Lessee,") (collectively, "the Parties"). WITNESSETH:
WHEREAS, Lessor is the owner of an unimproved parcel of land located in the Pueblo
Memorial Airport Industrial Park, consisting of approximately 3.55 acres, having the following
legal description:
Parcel Q, Pueblo Memorial Airport Industrial Park Sub
Pueblo County Assessor Parcel Number 03-300-21-038 ("Leased Premises"), and
WHEREAS, Lessee is desirous of leasing the Leased Premises upon the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, Lessor and Lessee hereby agree as follows:
Article I. Leased Premises.
1.01 Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the Leased
Premises, subject to the covenants, provisions and conditions herein.
1.02 This Lease and Lessee's use of the Leased Premises are subject to the easements,
right-of-way, covenants, conditions, restrictions, reservations and limitations appearing of record,
and applicable zoning and land use laws, ordinances, codes, and regulations governing and
regulating the Leased Premises and its use.
Article 2. Term.
2.01 The Term of this Lease shall be for five (5) years commencing August 10, 2026
(the "Commencement Date") and ending August 9, 2031 ("Term"), unless terminated sooner
pursuant to this lease.
2.02 The Parties may renew this Lease for up to one (1) additional term of five (5) years
("Renewal Term") on the same terms and conditions as this Lease except as to rent, which shall
be reset as provided in Section 3.05. No Renewal Term shall commence if Lessee is then in default
or has been in repeated or uncured default during the Initial Term. The Parties can elect to renew
this Lease for the Renewal Term by mutual agreement in writing. If the Parties have not mutually
agreed in writing to renew this Lease for the Renewal Term by the date that is one hundred eighty
(180) days before expiration of the initial Term, this Lease shall automatically terminate at the end
of the initial Term.
3.01 Lessee shall pay to Lessor monthly rent of One Thousand Five Hundred Dollars
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($1,500.00) in advance, without notice or demand, beginning with the Commencement Date and
on the same day of each month thereafter during the entire term.
3.02 All monthly rent and other payments required to be made by Lessee hereunder
which shall remain unpaid thirty (30) days after their due dates, shall bear interest at the rate
often percent (10%) per annum until paid. All rent and other payments shall be made at or mailed
by United States mail to the following address: City of Pueblo, Finance Dept., 101 W. Riverwalk,
Pueblo, CO 81003 or such other address as Lessor may from time to time designate to Lessee in
writing. The existence of default interest on unpaid rent shall not alter, nor shall it be construed or
interpreted to alter the due date, or confer a grace period, after the due date of the rent as set forth
in Section 3.01 above.
3.03 Lessee's obligation to pay rent and other payments to Lessor hereunder is absolute
and unconditional and rent or additional rent shall not be offset, abated, reduced or withheld for
any cause whatsoever.
3.04 It is the intent of the parties hereto that this Lease be a "net" lease with Lessor
incurring no obligation, monetary or otherwise, for any expense of any nature associated with the
use and operation of the Leased Premises and any component part thereof by the Lessee.
3.05 The annual ground rent shall be adjusted upon commencement of each renewal term
by the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U) for the
twelve-month period ending in the prior calendar year. No annual adjustment shall reduce the rent
below the then -current annual ground rent. If the CPI -U is discontinued or substantially altered,
the City shall substitute a comparable index published by the U.S. Bureau of Labor Statistics.
Article 4. Use of Leased Premises.
4.01 The Leased Premises shall be used and occupied by Lessee exclusively for
commercial purposes associated with or incident to Lessee's established business activities and for
such other activities of Lessee as are reasonably incident thereto.
4.02 Lessee shall use the Leased Premises in a careful, safe and proper manner in
compliance with all laws and regulations applicable to the Leased Premises and Lessee's use
thereof. Lessee shall not cause, maintain or permit any nuisance or waste in, on, or about the
Leased Premises.
5.01 EXCEPT AS SPECIFICALLY SET FORTH IN THIS LEASE, IT IS
UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY
TIME, MADE ANY WARRANTY OR REPRESENTATION OF ANY KIND OR
CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PREMISES,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR REPRESENTATION AS TO
HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
(OTHER THAN THE COVENANT OF QUIET POSSESSION SET FORTH IN ARTICLE 13
HEREOF), ZONING, PHYSICAL OR ENVIRONMENTAL CONDITIONS, UTILITIES,
GOVERNMENTAL APPROVALS, COMPLIANCE OF THE LEASED PREMISES WITH
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GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR COMPLETENESS OF ANY
DOCUMENT OR OTHER INFORMATION PROVIDED TO LESSEE BY ANY OTHER
PERSON, OR ANY OTHER MATIER OR THING REGARDING THE LEASED PREMISES.
5.02 The taking of possession of the Leased Premises by Lessee after the
Commencement Date shall be conclusive evidence that the Lessee accepts the Leased Premises in
its then present condition "As Is, Where Is, With All Faults" and that the Leased Premises are in
good and satisfactory condition at the time of the commencement of this Lease.
Article 6. Alterations and Improvements.
6.01 Except as otherwise described in Exhibit A to this Lease, Lessee shall not make any
additions, alterations or improvements in or to the Leased Premises ("Alterations") having a cost
in excess of Twenty -Five Thousand Dollars ($25,000) in any one year without Lessor's prior written
consent. Lessee shall not permit or allow any lien to be filed or recorded against the Leased
Premises or Lessor's interest therein, and Lessee shall fully cooperate with Lessor in obtaining the
protection afforded Lessor under Section 38-22-105(2), C.R.S., currently in effect or as
subsequently amended. All Alterations made in or to the Leased Premises by Lessee shall become
part of the Leased Premises and be surrendered with the Leased Premises at the termination of this
Lease.
6.02 Lessee understands and acknowledges that the Leased Premises are subject to
restrictive easements and that no structures may be built upon the Leased Premises.
cle 7. Ri
Lessor, or Lessor's officers, employees, agents and representatives, as the case may be,
may enter the Leased Premises during normal business hours upon oral or written notice to Lessee,
except notice shall not be required in case of emergency, such as fire.
Article 8. Assignment or Sublease.
Lessee shall not voluntarily or by operation of law assign all or any part of this Lease or
Lessee's interest herein without the express written consent of Lessor, which consent will not be
unreasonably delayed, conditioned or withheld. Lessor may withhold its consent if the proposed
assignee's financial standing and responsibility at the time of the proposed assignment is not
sufficient in the Lessor's sole discretion to give assurance of performance and compliance with all
terms and conditions of this Lease. Upon such an assignment and consent after the effective date
of such assignment and consent, such assignee shall execute, acknowledge and deliver to Lessor
an assumption agreement in form and substance satisfactory to Lessor, whereby assignee agrees
to observe and keep all the terms, provisions, covenants and conditions to be observed, performed
and kept by Lessee hereunder. In the event of such assignment, Lessee shall not be released from
any obligations arising or occurring under this Lease. Any assignment or attempted assignment of
the Lease or any interest herein by Lessee without Landlord's express written consent shall be null
and void. Lessee hereby represents and warrants that by hereby entering into this Lease, it is acting
on its own behalf and not as an agent for any other person or entity, including any undisclosed
principal. For purposes of this Article, sublease or an attempt to sublease by Lessee shall be
considered an "assignment".
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Article 9. Insurance and Indemnification.
9.01 Lessee shall indemnify and hold Lessor harmless from and defend Lessor against
any and all claims or liability, including cost of defense and reasonable attorney fees, for any injury
or damage to Lessee or its officers, agents or employees, or to Lessee's property, or to any third
person, or to property of any third person: (a) occurring in, on or about the Leased Premises or any
part thereof by or from any cause whatsoever except injury or damage caused by the negligent,
wrongful or intentional acts of Lessor, its officers or employees; or (b) arising out of or resulting
from the Leased Premises, or any condition thereon, or from Lessee's use and occupancy of the
Leased Premises, or any activity conducted thereon.
9.02 Lessee shall secure and maintain in full force and effect, at its expense, during the
Tenn and any Renewal Term, if applicable, of this Lease, commercial general liability insurance
including personal injury, property damage and contractual coverage in the minimum amount of
$1,000,000.00 combined single limits naming Lessor as an additional named insured.
9.03 Lessee shall secure and maintain during the Tenn of this Lease Colorado Worker's
Compensation insurance or other similar coverage in the statutorily mandated amounts.
9.04 A copy of each insurance policy, or certificate thereof, issued by an association or
company authorized to issue such policy or policies under the law of the State of Colorado
containing a provision prohibiting cancellation or material modification of the insurance except
after thirty (30) days' notice to Lessor, shall be delivered to the Lessor within thirty (30) days after
date of this Lease and thereafter the Lessee will furnish to Lessor evidence of the continuance of the
insurance coverage required herein within a reasonable time after the same has been issued.
9.05 Lessee hereby releases Lessor and Lessor's officers, agents, managers, directors,
and employees from any and all claims and demands for loss, damages, expense or injury to any
person or to personal property occurring on the Leased Premises. Lessee shall each obtain from its
respective insurers waivers of all rights of subrogation against Lessor and Lessee shall indemnify
Lessor against any loss or expense, including reasonable attorneys' fees, resulting from the failure
to obtain such waivers of subrogation.
Article 10. Truces and Assessments.
10.01 Lessee shall pay, before delinquency, any and all property taxes levied or charged
against any of the personal property belonging to it and situated on the Leased Premises and any
possessory interest real property taxes.
10.02 Lessee shall be solely responsible for the payment of its own true obligations
including, but are not limited to, sales and use taxes.
Article 11. Utilities.
If applicable pursuant to Pueblo Municipal Code § 3-1-14, Lessee shall pay, before
delinquent, City of Pueblo's combined service fee and all charges for sewer, water, gas, electricity,
telephone and all other utility services furnished to or used in or supplied to the Leased Premises.
Lessor shall not be obligated to furnish, provide, or pay for any utilities, facilities or services of
any kind.
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e 12. Eminent
If the whole or substantial part of the Leased Premises shall be taken or condemned by any
competent authority for any public or quasi -public use or purpose under any statute or by the right
of eminent domain, or purchased under threat of such taking, then this Lease shall terminate on
the date when the condemning authority takes possession of the Leased Premises or the substantial
part thereof. There shall be no apportionment of the award for taking or condemnation, the entire
award going to the Lessor, provided Lessee shall have the right to recover any award which may
be made for damages to or condemnation of Lessee's movable trade fixtures, equipment, furniture
and furnishings or payments for relocation, if any.
Article 13, quiet Possession,
Lessee shall, and may peacefully have, hold and enjoy the Leased Premises, subject to the
other terms hereof, provided that Lessee pays the monthly rent and additional rent herein recited
and performs all of Lessee's covenants and agreements contained herein.
14.01 In the event of default at any time by Lessee in the payment of the monthly rent,
additional rent, or fees herein provided for, Lessor shall have the right, after five (5) days' notice
in writing to Lessee and Lessee's failure within said five (5) day period to cure said default, and in
the event of default by Lessee in the performance of any other covenant herein contained, Lessor
shall have the right, after fifteen (15) days' notice in writing to Lessee and Lessee's failure within
said fifteen (15) day period to cure such default (or if said default does not relate to the payment
of money and cannot by its nature be cured within said fifteen (15) day period, then Lessee's failure
to commence the cure within such fifteen (15) day period and thereafter diligently pursue
completion of the cure) to undertake and diligently pursue any one or all of the below actions to
cure said default:
(a) terminate this Lease and re-enter and take possession of the Leased Premises,
(b) pursue any remedy whatsoever provided by law or equity,
(c) re-enter and take possession of the Leased Premises and use its best efforts to re -let
the same for and on account of Lessee for the then full remaining portion of the unexpired Term or
Renewal Term of this Lease or for any shorter period, and to collect and receive payment of rent
therefore, but no such re-entry or re -letting shall be construed as a termination of this Lease or as
a release of Lessee from Lessee's obligation to perform any other covenant herein contained. It is
expressly understood and agreed that in the event of any such re-entry or re-retting by Lessor such
re-entry shall not operate to terminate this Lease or alter the obligation of Lessee to perform its
covenants and to pay monthly rent or additional rent pursuant to the terms hereof unless Lessor
expressly so elects pursuant to Section 14.01(a) above. Lessor shall in no way be responsible or
liable for any failure to re -let the Leases Premises, or any part thereof, or for any failure to collect
any rent due upon such re -letting. No notice from Lessor hereunder or under a forcible entry and
detainer statute or similar law constitutes an election by Lessor to terminate this Lease unless such
notice specifically so states. Lessor reserves the right following any such re-entry and/or re -letting
to exercise its right to terminate this Lease; and/or
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(d) cure the default on Lessee's behalf and at Lessee's expense, in which event, all costs,
expenses and reasonable attorney's fees incurred by Lessor in curing the default together with
interest thereon at the rate of ten (10) percent per annum shall constitute additional rent payable to
Lessor by Lessee upon demand.
14.02 If Lessor does not elect to terminate this Lease but takes possession as provided
for in Section 14.01(c), Lessee shall pay to Lessor the monthly rent and other charges at the times
and in the manner as herein provided which would be payable if such repossession had not
occurred, less the net proceeds, if any, of any re -letting of the Leased Premises after deducting all
Lessor's reasonable expenses including, without limitation, all repossessions costs, brokerage
commissions, legal expenses, attorneys' fees, alterations and repair costs and expenses of
preparation of such re -letting.
14.03 In the event the parties hereto become involved in a dispute arising out of this Lease,
or the performance or breach thereof, the Court shall award costs, expenses, and attorney fees to
the prevailing party.
14.04 If Lessee violates any of the terms and provisions of this Lease or defaults in any
of its obligations hereunder other than the payment of monthly rent or other sum payable
hereunder, such violation may be restrained or such obligation enforced by injunction at the
instance and request of Lessor without the showing of any special damages or an inadequate
remedy at law.
14.05 Lessor shall be in default if it fails to perform any material obligation under this
Lease and such failure continues for thirty (30) days after written notice from Lessee (or such
longer period as reasonably necessary if cure cannot reasonably be completed within such period
and Lessor diligently pursues the cure).
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No waiver of any breach or breaches of any provision, covenant or condition of this Lease
shall be construed to be a waiver of any preceding or succeeding breach of such provision,
covenant or condition, or of any other provision, covenant or condition. Acceptance of monthly
rent or partial monthly rent by Lessor shall . not constitute a waiver of any then existing or
subsequent breach or default. Time is of the essence for each and every provision, covenant and
condition herein contained and on the part of Lessee to be done and performed.
Article 16. Notices.
16.0 1 All notices, demands or communications of any kind which may be required or desired to
be served, given or made by Lessee upon or to Lessor, under the terms of or if connection with this Lease,
shall be sufficiently served, given or made (as an alternative to personal service upon Lessor) if such
notice, demand or communication is sent by certified United States mail, addressed to:
City of Pueblo
ATTN: Mayor
I City Hall Place, 2"d Floor
Pueblo, CO 81003
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with copy to:
City Attorney
101 W. Riverwalk
Pueblo, CO 81003
(or to such other person or address as may be hereafter from time to time be designated for this
purpose by Lessor to Lessee in writing).
16.02 All notices, demands or communications of any kind which may be required or
desired to be served, given or made by Lessor upon or to Lessee, under the terms of or in connection
with this Lease, shall sufficiently served, given or made (as an alternative to personal service upon
Lessee) if such notice, demand or communication is sent by certified United States Mail, addressed
to:
L.B. Foster Company
415 Holiday Dr.
Building I
Pittsburgh, PA 15220
Attention: VP, Rail Products
(or to such other person or address as may hereafter from time to time be designated for this purpose
by Lessee to Lessor in writing).
Article 17. Environmental Provisions.
17.01 For the purpose of this Lease, "Hazardous Materials" means any hazardous or
toxic substance, material or waste which is or becomes regulated by any local government
authority, the State of Colorado or the United States government and shall include, but not be
limited to (1) substances defined as "hazardous waste", "restricted hazardous waste", "hazardous
substance" or "hazardous material" under any applicable federal, state or local law or regulation
("Environmental Regulations"), (2) asbestos -containing materials, (3) PCBs, (4) petroleum or
petroleum based products, and (5) lead. Lessee will comply with Environmental Regulations that
are applicable to the Lessee and its use of the Leased Premises. No activity shall be undertaken by
the Lessee, its employees, agents, licensees, invitees, contractors or subcontractors, on all or any
portion of the Leased Premises which would cause or permit: (i) the presence, use, generation,
release, discharge, storage or disposal of any Hazardous Material in, on, under, about, or from the
Leased Premises or any part thereof in violation of any Environmental Regulations; (ii) any portion
of the Leased Premises to become hazardous waste treatment, storage or disposal facility without
receiving proper governmental authorization, and in compliance with all Environmental
Regulations; or (iii) the discharge of pollutants or effluents into any water source or system, or the
discharge into the air of any emissions without receiving proper governmental authorization, and
in compliance with all Environmental Regulations, including, without limitation, the Federal Water
Pollution Control Act, U.S.C. Section 1221 et seq. and the Clean Air Act, 42 U.S.C. Section 7401
et sea.
17.02 Lessee agrees to defend, indemnify and forever hold harmless the Leased Premises
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and Lessor, and their respective agents, successors, and assigns, as their interest may appear, from
all claims, losses, damages, penalties, expenses and costs, including, but not limited to, attorneys'
fees, remedial, and cleanup costs, incurred by reason of the use, storage, generation, release,
discharge, maintenance, disposal, or removal of Hazardous Materials in, on, under, about or from
the Leased Premises, or any part thereof, by Lessee, its employees, agents, licensees, invitees,
contractors and subcontractors. The provisions of this Article 17 shall expressly survive the
expiration of the Term or other termination of this Lease.
17.03 Notwithstanding anything contained in this Article 17 to the contrary, Lessee shall
have no responsibility or liability for (a) Hazardous Materials existing on, under or about the
Leased Premises prior to the Commencement Date, or (b) Hazardous Materials introduced to the
Leased Premises by parties other than Lessee or its employees, agents, licensees, invitees,
contractors or subcontractors.
Article 18. F.A.A. Lease Requirements:
18.01 This Lease shall be subordinate to the provisions and requirements of any existing
or future agreement between Lessor and the United States, relative to the use, development,
operation, or maintenance of the Pueblo Memorial Airport ("Airport").
18.02 Lessee shall comply with the notification and review requirements covered in Part
77 of the Federal Aviation Regulations with respect to the construction of any structure or building
on the Leased Premises, or in the event of any planned modification or alteration of any present or
future building or structure on the Leased Premises.
18.03 It is understood and agreed that nothing contained in this Lease shall be construed
to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the
Federal Aviation Act.
18.04 Lessor reserves for the use and benefit of the public, a right of flight for the passage
of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft now
known or hereafter used for navigation or flight in said airspace, and for use of said airspace for
landing on, taking off from, or operations on or over the Airport.
18.05 Lessee by accepting this Lease expressly agrees for itself, its successors and assigns
that it will not erect nor permit the erection of any structure, building or object nor permit the
growth of any tree on the Leased Premises to a height not to exceed thirty-five (35) feet above
ground level. In the event the aforesaid covenant is breached, Lessor reserves the right to enter
upon the Leased Premises and to remove the offending structure or object or cut the offending
tree, all of which shall be at the expense of the Lessee.
18.06 Lessee shall not make use of the Leased Premises in any manner which might
interfere with the landing or taking off of aircraft at the Airport, or otherwise constitute a hazard
to aviation. In the event the aforesaid covenant is breached, Lessor reserves the right to enter
upon the Leased Premises and cause the abatement of such interference at the expense of the
Lessee.
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Article 19, Miscellaneous Provisions.
19.01 Colorado Law, This Lease shall be governed by the laws of the State of Colorado
and shall be construed in accordance therewith without reference to such State's choice of law
and/or conflict of law principles.
19.02 Writing for Waiver or Modification. No provision of this Lease may be waived or
modified except by an agreement in writing signed by the parties hereto. A waiver of any term or
provision shall not be construed as a waiver of any other term or provision.
19.03 Binding Effect. This Lease sets forth the entire and complete understanding and
agreement of the parties hereto. Lessee acknowledges and agrees that it has not relied upon any
statements, representations, agreements or warranties of Lessor except such as are expressed
herein. This Lease shall be binding on the parties, their successors and approved assigns.
. 19.04 Construction. Throughout this Lease, the singular shall include the plural; the plural
shall include the singular; and the masculine and neuter shall include the feminine, wherever the
context so requires.
19.05 Text to Control. The headings of sections are included solely for convenience of
reference. If any conflict between any heading and the text of this Lease exists, the text shall
control.
19.06 Severability, If any provision of this Lease is declared by any court of competent
jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions. On
the contrary, such remaining provisions shall be fully severable, and this Lease shall be construed and
enforced as if such invalid provisions had never been inserted in the Lease.
19.07 Venue and Jury Trial, Lessor and Lessee agree that the venue for all actions or
causes of action relating to this Lease or the Leased Premises shall be Pueblo County, Colorado.
All such actions shall be filed in the District Court, County of Pueblo, State of Colorado, and
Lessor and Lessee submit to the personal and subject matter jurisdiction of that Court. To the extent
allowed by law, each party hereby waives its right to a jury trial.
19.08 Lessee's Warranties. Lessee and the persons signing this Lease on behalf of Lessee
represent and warrant that such parties and Lessee have the requisite power and authority to enter
into, execute and deliver the Lease and that this Lease is a valid and legally binding obligation of
Lessee enforceable against Lessee in accordance with its terms.
19.09 Time of Essence. Time shall be of the essence as to the performance of all terms,
conditions and obligations under this Lease.
19.10 Third Parties The provisions of this Lease are and will be for the benefit of Lessor
and Lessee only and not for the benefit of any third party, and accordingly, no third party shall
have any right or remedy hereunder or the right to enforce any provision of this Lease
19.11 Brokerage Commission. Lessor and Lessee each represent to the other that they have
not entered into any agreement or incurred any obligation in connection with the Lease transaction
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which might result in the obligation to pay a brokerage commission to any brother. Each party
shall indemnify and hold the other party harmless from and against any claim or demand by any
broker or other person for bringing about this Lease who claim to have dealt with such
indemnifying party, including all expenses incurred in defending any such claim or demand
(including reasonable attorney's fees).
19.12 Hold Over. If Lessee shall hold over after the expiration of the term or any renewal
term of this Lease, without a signed renewal or new Lease, then Lessee shall be deemed a Lessee
from month to month on all of the terms and conditions set forth in this Lease, except that the
monthly rental due under Article 3 hereof shall increase by ten percent ( 10%) over the rent being
charged on the last month prior to the hold over. Nothing in this Section shall be construed as
permission of the Lessor to hold over beyond the expiration of the Term or any Renewal Term of
this Lease.
19.13 Consequential Damages. Neither party shall be liable to the other for consequential,
incidental, special, exemplary or punitive damages arising out of this Lease.
IN WITNESS WHEREOF, Lessor and Lessee, by their duly authorized representatives have
executed this Lease on the day and year first above written.
[Signature Page Follows]
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Docusign Envelope ID: E567EE40-DEA9-8FF0-8191-3A7ACF51D95D
City of Pueblo, Colorado
a Colorado Municipal Corporation
L
signed by:
.... ......... _ ..._.
Heather tram, "Mayor
L.B. Foster Company
a Pennsylvania Corporation
..µ
By. .._. ......
Its:
STATE 0F...®G`..........
COUNTY OF`�r.
) ss.
The foregoing instrument was acknowledged before me this �� day of 2026
by C\vas as' $ Ctt of L.B. Foster Company, a Pennsylvania Corporation.
[SEAL]
Commonwealth of Pennsylvania - Notary Seal
Rebecca J. Ondrusek, Notary Public
Allegheny County
My commission expires May 15, 2027
Commission number 1351782
Member, Pennsylvania Association of Notaries
Witness my hand and official seal.
My commission expires:
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Docusign Envelope ID: E567EE40-DEA9-8FFO-8191-3A7ACF51D95D
Exhibit A
Alterations Allowed by Lessor
Notwithstanding anything in the Lease to the contrary, Lessee shall have the right, at Lessee's sole cost and
expense, and without obtaining Lessor's prior consent, to perform the following alterations and
improvements to the Leased Premises:
1. Access improvements providing vehicular and pedestrian access between the Leased Premises and
the cul-de-sac located on Walt Basset Avenue and between the Leased Premises and the adjacent
tract to the northwest owned by Lessee, including associated grading, paving, curbs, drainage
improvements, utility relocations, fence modifications or removal, and related site work. Any
improvements must meet all applicable standards under Pueblo Municipal Code.
2. Extension of rail facilities, including extension of the existing rail spur into the Leased Premises,
together with all tracks, switches, crossings, ballast, grading, drainage improvements, signaling
equipment and related rail infrastructure.
3. Installation, relocation and modification of lighting, electrical facilities, utility lines, utility
infrastructure, communication facilities and related improvements serving the Leased Premises or
Lessee's operations thereon.
Lessee shall be responsible for obtaining all permits or approvals necessary to commence any work proposed
under this Exhibit A.
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