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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 i 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. 1 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. 2 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. 3 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. 2 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: -1- 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 5