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HomeMy WebLinkAbout6621RESOLUTION NO. 6621 A RESOLUTION APPROVING A LEASE EXTENSION AGREE- MENT AND LEASE ADDENDUM BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND FLOWER AVIATION OF COLORADO, INC., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: CFrTTnN 1 The Lease Extension Agreement and Lease Addendum both dated September 24, 1990, copies of which are attached hereto, by and between Pueblo, a Municipal Corporation, and Flower Aviation of Colorado, Inc. relating to the lease of property at Pueblo Memorial Airport, having been approved as to form by the City Attorney, is hereby approved. gPrTTnN 9_ The President of the City Council is hereby authorized to execute the Lease Extension Agreement and Lease Addendum on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest the same. gPrTTnN I _ All net proceeds derived from said Lease Extension Agreement will be used for the operation, maintenance and improvement of the Airport. ATTEST: 12 Al . 1 Ci y Clerk TJ 44.12 INTRODUCED: September 24, 1990 By HOWARD WHIT Councilperson APPROVED: X •- ._. .�� Lac. `�, Pr ident of the City Council uncil LEASE EXTENSION AGREEMENT This Lease Extension Agreement entered into the 24th day of September, 1990 between Pueblo, a Municipal Corporation (the "City ") and Flower Aviation of Colorado, Inc. (the Lessee), Witnesseth: For and in consideration of the mutual covenants herein con- tained, City and Lessee agree: 1. The term of the Lease Agreement dated August 26, 1974 between City and Flower Aviation, Inc., Lessee's predecessor in interest thereto, and all amendments thereto, for 2,856 square feet of space in the building adjacent to City's airport terminal building (the "Lease ") is hereby extended for a period of one (1) year, from October 1, 1990 to September 30, 1991 upon the same terms, covenants and conditions, except: (a) the rent for the full one (1) year extended term shall be Six Thousand Seven Hundred Twenty and No /100 Dollars ($6,720.00) payable in monthly installments of Five Hundred Sixty and No /100 Dollars ($560.00) in advance on or before the first day of each calendar month commencing October 1, 1990. (b) the Lessee shall not have or be granted the rights of first refusal contained in paragraphs 7(A) and (B) of the Lease and such rights of first refusal are hereby cancelled, and (c) either City or Lessee may terminate the Lease upon thirty (30) days prior written notice given on any rent payment date to the other party specifying the date of termination, provided such notice of termination may not be given until after substantial completion of an office building Lessee intends to construct on other land leased by Lessee from City at the Pueblo Memorial Airport. 2. The Lease as extended and amended hereby and this Lease Extension Agreement shall be binding upon and inure to the benefit of City and Lessee and their respective successors and approved assigns. Dated the day and year first above written. LESSEE FLOWER AVIATION OF COLORADO,INC. B G� P, sident CITY PUEBLO, A MUNICIPAL CORPORATION By 4�_e a Pr dent of the City Council S E A L� /] ATTEST : jecret y S E A L ] ATTEST: _d C y Clerk APPROVED AS TO FORM: City Atto COT TJ 44.11 -2- LEASE ADDENDUM THIS LEASE ADDENDUM entered into this 24th day of September, 1990, by and between Pueblo, A Municipal Corporation (herein "City "), and Flower Aviation of Colorado, Inc., a Colorado Corporation (herein "Lessee "), W I T N E S S E T H: WHEREAS, City and Lessee entered into a Pueblo Memorial Airport Operating Agreement and Land Lease dated September 12, 1983 for property therein described (the "Lease "), and WHEREAS, Lessee desires to construct a new office building for its use upon the leased premises, and WHEREAS, Lessee desires to finance the construction of said office building, and WHEREAS, the Lease prohibits Lessee from so acting without consent of the City; NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, City and Lessee agree as follows: 1. Pursuant to Paragraph 15 of the Lease, City hereby consents to the construction of an office building upon the leased premises (the "Building "). The Building shall be constructed in substantial compliance with the plans, specifications and plot plans approved by and on file in the office of the Director of Aviation of the City (the "Plans "). 2. Lessee shall within 180 days from date commence and thereafter diligently pursue the construction of the Building in compliance with the Plans and all applicable laws, codes and regulations including the requirements of the Federal Aviation Administration, the Pueblo Regional Building Authority, and other regulatory agencies with jurisdiction over such construction. If Lessee fails to timely commence and thereafter diligently pursue construction of the Building, City may terminate this Lease Addendum upon 30 days prior written notice. 3. The City does hereby waive its right, granted by Paragraph 20 of the Lease to terminate this Lease Addendum and the Lease with respect to the Building and reasonable access thereto. 4. Subject to the provisions of this paragraph, the City does hereby consent to Lessee assigning its leasehold interest under the Lease to Minnequa Bank of Pueblo (herein "Bank ") as collateral security for the repayment of a loan from Bank to Lessee for the sole purpose of financing the construction of the Building (the "Loan "). City does further consent to Lessee mortgaging or otherwise encumbering its interest in the Building and leasehold estate to Bank as security for the Loan, provided that the City's interest in and title to the leasehold estate and Building, if any, shall not become subordinate or subject to any such mortgage or encumbrance. In the event that the Lessee so mortgages or encumbers the leasehold estate, City agrees that upon default by Lessee under the terms of the mortgage or other instrument of encumbrance (herein "security instrument "), Bank may cause said security instrument to be foreclosed in any lawful manner and acquire Lessee's title and interest in the leasehold estate. Bank may assign Lessee's rights therein or sublet the leasehold estate to a tenant approved in writing by the City pending foreclosure and acquisition of the leasehold estate, and thereafter the Bank may assign the leasehold estate, as a whole, to an assignee or sublessee approved in writing by City, which approval shall not be unreasonably withheld, but no other or additional assignment or sublease shall be made without the prior written consent of the City. Bank and any assignee or tenant of Bank pending foreclosure and acquisition of the leasehold estate, approved as aforesaid, shall be liable to perform all obligations imposed upon Lessee under this Lease Addendum and the Lease only during the period Bank, or such assignee or tenant has possession of the leasehold estate. Bank and any assignee or tenant of Bank after foreclosure and acquisition of the Lessee's leasehold estate under the security instrument shall be liable during the term of the Lease as modified by any lease addendums (from July 1, 1984 to March 31, 2006) to perform all of Lessee's obligations thereunder (including curing defaults) unless excused therefrom by City in writing. For the purposes of this paragraph, Bank means and includes Minnequa Bank of Pueblo and any subsequent holder of the loan. 5. This Lease Addendum incorporates the entire understand- ing between the City and Lessee, and no change, modification or amendment thereto or to the Lease shall be binding upon the City unless embodied in a written agreement and approved by Resolution or Ordinance of the City Council of City. 6. The Lease as amended by this Lease Addendum and all prior Lease Addendums shall remain in full force and effect, be governed and construed according to the laws of the State of Colorado, and be binding upon and inure to the benefit of the successors and assigns of the City and Lessee. Signed the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION ATTEST: By Q A�4j'� ��� Pre ent of the Council y Clerk -2- APPROVED AS TO FORM: City Attorney - /," FLOWER AVIATION OF ,;COLORADO, INC. ATTEST: B 411X-,A sident .Secreta TJ 47.8 -3-