HomeMy WebLinkAbout7310RESOLUTION NO. 7 310
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND LOAF'N'JUG, INC.
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT:
SECTION 1
A certain Lease Agreement, a copy of which is attached hereto and made a part hereof by
reference, after having been approved as to form by the City Attorney, by and between the
City of Pueblo, a Municipal Corporation, as Lessor, and Loaf'n'Jug, Inc., as Lessee, relating
to a Lease for approximately 1,040 square feet of space located on the south side of building
#152, known as the Blitz Hangar at the Pueblo Memorial Airport, be and the same is hereby
approved, subject to the conditions as set forth in said Lease Agreement.
SECTION 2
The President of the City Council is hereby authorized to execute said Lease Agreement on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal
of the City thereto and attest the same.
INTRODUCED February 14, 1994
BY: FAY KASTELIC
Councilperson
APPROVED:
President of the City Council
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City Clerr
PUEBLO MEMORIAL AIRPORT
BLITZ HANGAR LEASE AGREEMENT
This Lease Agreement entered into this day of 1994, between the City of Pueblo,
a Municipal Corporation, herein called Lessor, and Loaf'n'Jug, Inc., herein called Lessee,
Witnesseth:
That in consideration of the payment of rent hereinafter provided and the keeping and performance
of each of the covenants and agreements of the said Lessee hereinafter set forth, said Lessor has and
does hereby lease unto the said Lessee the following described premises in their present condition,
"as is ", situated at the Pueblo Memorial Airport, hereinafter called Airport, in the County of Pueblo,
State of Colorado, to wit:
Approximately 1,040 square feet of space located on the
south side of building #152, known as the Blitz Hangar.
To have and hold the same unto the said Lessee for a term of one calendar month, said term
automatically renewed each month unless terminated by either party by written notice delivered at
least 30 calendar days prior to said termination, at and for a rental of $238.33 per month, payable
in advance on or before the tenth day of each month throughout the term, at a place to be designated
by the Lessor. On each anniversary of the commencement date of the lease, the rent may be
reviewed by the Director of Aviation and negotiated with Lessee to establish the new rent amount.
1. RIGHTS AND PRIVILEGES OF LESSEE
A. Lessee shall have the use of the leased premises for the purpose of storing of
equipment except as specifically set forth hereinafter. Lessee shall not assign nor
sublet the leased premises without the prior written approval of the Lessor.
B. Lessee, it's employees and invitees shall have the right to ingress and egress between
the entrance of the leased space as the same now exists or may hereafter be relocated
and the leased premises over, upon and through such streets and no other as from time
to time shall be designated by the Director of Aviation.
2. RIGHTS AND PRIVILEGES OF LESSOR
A. All rights not herein granted to the Lessee are reserved to Lessor and nothing herein
contained shall be construed to grant or authorize the granting or an exclusive right
within the meaning of Section 308 of the Federal Aviation Act of 1958.
B. Lessor shall have full and unrestricted right to enter upon those portions of the Airport
occupied and leased herein by the Lessee, and Lessor, it's agents or representatives
shall be permitted to inspect same at any reasonable hour.
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C. Lessor reserves the right to maintain and keep in repair the landing area of the Airport
and all publicly owned facilities of the Airport but shall not be obligated to the Lessee
for any failure to so maintain or keep in repair.
D. There is hereby reserved to the Lessor, it's successors and assigns, 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 premises hereby leased, 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 of or flight in the air, using such airspace or landing at,
taking -off from, or operating on Pueblo Memorial Airport.
E. It is further understood and agreed that this agreement is subject to written prior
approval of the Federal Aviation Administration and that the provisions hereof cannot
be modified without prior written approval by said Federal Aviation Administration.
3. OBLIGATIONS OF LESSEE
A. The Lessee agrees to indemnify, defend, and save the Lessor, it's agents, officers,
representatives and employees, harmless from and against any and all penalties, liability
or loss including costs and attorney fees resulting from claims or court action, whether
civil, criminal or in equity, and arising directly or indirectly out of acts of the lessee, his
agents, employees, or servants or through any injury or casualty occurring on the
leased premises.
B. Lessee, it's officers, employees, agents, or servants shall at all times comply with all
applicable laws and regulations of the U.S. Government and the State of Colorado and
all applicable ordinances, codes and regulations of the City of Pueblo, including the
rules and regulations governing the operations of the airport.
C. The Lessee shall, at it's own expense, keep the leased premises neat, clean, safe and
orderly at all times, free of waste, rubbish and debris, and shall provide a complete and
proper arrangement for the sanitary handling and disposal of all trash, garbage, and
other refuse resulting from it's activities at the airport.
4. OBLIGATIONS OF LESSOR
A. Lessor shall not be obligated to maintain or repair any portion of the leased premises
or the building in which the leased premises are located.
5. GENERAL CONDITIONS
A. The terms and conditions of this lease and Lessee's rights hereunder are hereby made
subject to the provisions of Title III Chapter 1 of the 1971 Code of Ordinances of the
City of Pueblo and as same may be subsequently amended. In the event of conflict
between said Code of Ordinances and any provision herein, said Code shall control.
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B. The Lessee in the operations to be conducted pursuant to the provisions of this lease
and otherwise in the use of the Airport, will not discriminate or permit discrimination
against any person or class of persons by reason of race, color, religion, sex, or national
origin in any manner prohibited by Part 21 of the Regulations of the Office of the
Secretary of Transportation, or any amendments thereto. The Lessor reserves the right
to take such action as the United States Government may direct to enforce this
covenant.
C. The Lessee by accepting this lease expressly agrees that it will not make use of the
leased premises in any manner which might interfere with the landing and taking -off
of aircraft from Pueblo Memorial Airport or otherwise constitute a hazard. In the event
the aforesaid covenant is breached, the Lessor reserves the right to enter upon the
premises hereby leased and cause the abatement of such interference at the expense
of the Lessee.
D. This lease and all the provisions hereof are subject to all rights the United States
Government now has or in the future may have or acquire, affecting the control,
operation, regulation, re -entry upon and taking over of the said Airport including the
leased premises.
E. The Lessee shall observe faithfully all rules and regulations affecting use of the Airport,
whether established by the Director of Aviation, by the City, or other political
subdivision having jurisdiction, by the State of Colorado, United States, or agencies
thereof, including but not limited to rules affecting the operation of motor vehicles
upon, to and from the Airport.
F. The Lessee, and all officers, agents and employees of Lessee, hereby agree to be
bound by and subject to all the Police Ordinances of Pueblo, a Municipal Corporation,
at all times while on the Airport, whether acting in the course of Lessee's business or
otherwise, to all intents and purposes the same as though the leased premises were
located within the City Limits of Lessor.
G. The Lessee represents that it has inspected the Airport and the leased premises and
building in which the leased premises are located and accepts the conditions of same
and fully assumes the risk incident to the use thereof. The Lessor shall not be liable
to the Lessee for any damages or injuries to the property of Lessee or persons on the
leased premises which result from any cause whatsoever including operations
conducted at the Airport and the condition of the leased premises or building in which
the leased premises is located.
H. Lessee agrees that no inflammable liquids or hazardous materials shall be used or stored
in the premises.
It is expressly understood by Lessee that security in the hangar area as elsewhere on
the Airport is vital.
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Only Lessees, their employees or invitees will be permitted in the area and Lessee shall be
responsible for the actions of these people.
Violations of Airport Security Rules shall be sufficient grounds for termination of this
agreement.
6. MISCELLANEOUS PROVISIONS
A. That no assent, expressed or implied, to any breach of any one or more of the
covenants and agreements hereof, shall be deemed or taken to be a waiver of any
succeeding or other breach.
B. That all covenants and agreements in this lease contained shall be binding upon and
inure to the benefit of the heirs, successors, assigns and legal representatives of said
Lessor and said Lessee.
C. Lessee shall maintain at it's expense, comprehensive general, liability, products liability,
and property damage insurance with limits of not less than $ 1,000,000 per occurrence.
D. If Lessee defaults in the payment of rent or any part thereof or fails to perform or
observe any of the conditions and covenants on its part to be performed or observed
hereunder, and such default or failure shall continue for a period of ten (10) days after
written notice thereof has been mailed to Lessee by first class mail addressed to Lessee
at it's last known address, then, in what event, and as often as same may happen, it
shall be lawful for Lessor, at it's election, with or without notice, to terminate this
Lease without prejudice to any claim for rent or for breach of covenants, or without
being guilty of trespass or forcible entry or detainer. Lessor is hereby granted a lien
and security interest for payment of rent and damages for breach of covenants upon
all Lessee's goods and personal property which is or may be placed upon the property
including, without limitation, business fixtures, equipment, inventory and proceeds
thereof and such lien may be enforced by the taking and sale of such property in the
same manner and as provided for the disposition of collateral under the Colorado
Uniform Commercial Code.
E. If the property is left vacant and any part of the rent remains due and unpaid, the
Lessor may, without being obligated to do so and without terminating this Lease, retake
possession of the property and rent the same for such rent and upon such terms as the
Lessor may think best, making such changes and repairs as may be required, giving
credit for the amount of rent received less all expenses of such changes and repairs,
and Lessee shall be liable for the balance of the rent until expiration of the Lease.
F. Lessee agrees to pay to the Lessor all costs, including reasonable Attorney Fees, of any
action brought by the Lessor to recover rent or other money due and unpaid under the
Lease or to recover possession of the property, whether such action proceeds to
judgement or not.
G. No waiver of any breach of any one or more of the conditions or covenants of this
Lease by the Lessor shall be deemed to imply or constitute a waiver succeeding or
other breach hereunder. The acceptance of rent by the Lessor shall not constitute a
waiver of any breach then existing.
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H. If Lessee remains in possession of the property after termination of the Lease without
written agreement, such possession shall be deemed to be a tenancy from month to
month upon the same covenants and conditions set forth herein and at a monthly rental
equal to two times the average of the monthly rent payable hereunder for the prior
twelve months.
In the event of a fire or other casualty in or to the leased premises, Lessee shall
immediately give notice to Lessor. If the leased premises, through no fault nor neglect
of Lessee, it's agents, employees, or invitees, shall be damaged by fire or other
casualty so as to render the leased premises untenantable, and Lessor elects to repair
the same, the rent herein shall abate thereafter until such time as the leased premises
are made tenantable by Lessor. In the event the leased premises or the Terminal
Building shall be damaged by fire or other casualty and Lessor shall decide not rebuild
or repair (which decision Lessor may make in it's sole discretion) then all rent owed up
to the time of such damage shall be paid by Lessee and this Lease shall terminate.
Executed at Pueblo, Colorado, the day and year first above written.
ATTEST:
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APPROVED AS TO FORM:
City Attor
LESSOR:
CITY OF PUEBLO, A MUNICIPAL CORPORATION
By 0
P sident of Cit Council
LESSEE:
LOAF'N'JU , INC.
Re resentative
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