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HomeMy WebLinkAbout7476RESOLUTION NO. 7476 A RESOLUTION APPROVING A MASTER GROUND LEASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA, AND AUTHORIZING THE PRESIDENT OF 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, and the United States of America, relating to Master Ground Lease No. DTFA1 1-94-L-1 5088 covering the lease of land for aircraft navigational aids located at 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 City Council is hereby authorized to execute said Lease Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. Introduced September 26, 1994 ATTEST: ity Clerk BY SA OR F.NTTNO Councilperson APPROVED: J ' � r idint of City Council DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 1601 LIND AVENUE S.W. RENTON, WASHINGTON 98055 -4056 MASTER GROUND LEASE NO. DTFA1 1-94-L-1 5088 Between CITY OF PUEBLO and THE UNITED STATES OF AMERICA THIS LEASE is made and entered into by the City of Pueblo for itself, it's successors and assigns, hereinafter referred to as the Lessor, and the United States of America, hereinafter referred to as the Government. WHEREAS, in the past, the Lessor and the Government have entered into land lease agreements providing for the construction, operation and maintenance of Government owned navigational aid systems on the Lessor's land at Pueblo Memorial Airport in Pueblo, Colorado; and WHEREAS, the parties now wish to incorporate the current existing leases into one Master Ground Lease and provide a mechanism for adding, or deleting leased parcels to and from the Master Lease as other navigational aid systems are required at the airport or existing navigational aid systems are decommissioned and removed. NOW THEREFORE, the parties do hereby enter into a Master Ground Lease. WITNESSETH The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. TERMS AND DESCRIPTION OF LEASED PREMISES Beginning upon the effective date and continuing until such time as the Government terminates this lease or September 30, 2001, whichever comes first, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the "Leased Premises" viz: Certain parcels of land at the Pueblo Memorial Airport, which are more particularly described in the "Exhibits" attached hereto and made a part hereof. Lease No. DTFA1 1 -94 -L -15088 Page 2 (a) Together with a right -of -way for ingress to and egress from the premises; a right -of -way for establishing and maintaining a pole line or pole lines for extending electrical power and /or telecommunication lines to the premises; and a right -of -way for subsurface power, communication and /or water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be routes mutually agreed upon. The Lessor shall have the right to review and approve plans covering access and utility rights -of -way as permitted under this paragraph. Lessor's approval shall not be unreasonably withheld. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. The Lessor shall have the right to review and approve plans covering work permitted under this paragraph. Lessor's approval shall not be unreasonably withheld. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or it's grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. The Lessor shall have the right to review and approve plans covering work permitted under this paragraph. Lessor's approval shall not be unreasonably withheld. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking improvements adjacent to the facilities is the responsibility of the Government, except for existing parking conditions. 2. SUPERSEDED LEASES The following leases between the parties hereto are superseded by this Master Ground Lease and shall expire upon the effective date of this document by the Government. The existing leased sites are incorporated into this Master Ground Lease under the exhibit number referenced below. Associated restrictive easements and unique conditions of use, if any, relating to each individual navigational aid system are also set forth under the referenced exhibit, or have been incorporated into the Master Lease. Lease No. DTFA1 1-94-L-1 5088 Page 3 Lease No. Navigational Aid GSA Control #'s Exhibit No. FA64W E -4000 ATCT 08093 1, 1A FA66WE -5021 E /G, ROW 08161 2 DOT- FA75RM -0740 ASR #7, MTI ROW 08162 3 DOT- FA77RM -0254 RCAG 08098 4 DOT- FA79RM -0221 GS /LOC/ 08106, 08104 5, 5A, 5B MM R/W 8L 08124 DTFA13 -80 -L -00241 ALS 08071 6 DTFA11 -83 -L -00034 REIL R /W17 08355 7, 7A DTFA11 -83 -L -00035 REIL R /W26R 08256 8, 8A DTFA 1 1-85-L-00 108 RTR /ROW 08044 9 DTFA11 -85 -L -00109 UHF /VHF /DF 08042 10 DTFA 1 1 -90 -L -00087 LOC /GS/ 08122, 08123 11, 11A, 1 1 B MM R/W 26R 08097 3. LEASE OR EXHIBIT CHANGES Changes to the terms and conditions of the Master Lease shall be made by supplemental lease agreement and approved by both the Lessor and the Government. Changes to the lease exhibits shall not require a supplemental lease agreement but will be accomplished instead by approval of the new, revised or deleted exhibit itself. Exhibit changes must be approved by both the Lessor and the Government. 4. PURPOSE It is understood and agreed that the use of the herein described premises shall be directly related to the Government's use and operation of the above referenced facilities in support of the operation of the Pueblo Memorial Airport. 5. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in it's establishment, operation, and maintenance of facilities upon the premises hereby leased. Lease No. DTFA1 1-94-L-1 5088 Page 4 6. TITLE TO IMPROVEMENTS Title to the improvements constructed for use by the Government during the term of this lease shall be in the name of the Government. 7. TERMINATION The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 8. RESTORATION Upon termination of the Government's occupancy of the leased sites, the Lessor and the Government shall enter into an agreement, under mutually acceptable terms, whereby the Government may abandon in place any or all structures and equipment owned by the Government. Such abandoned structures and equipment, at the option of the Lessor, shall become the property of the Lessor. Notice of abandonment and conveyance of title by the Government to the Lessor shall be in writing, 90 days prior to conveyance of the title. In the event the Lessor does not accept such conveyance of title, the Government shall remove such abandoned structures and equipment and return the leased premises to their original condition. 9. HAZARDOUS MATERIAL The Lessor agrees to remediate, at it's sole cost, all hazardous substance contamination on the leased premises that is found to have occurred after July 31, 1948, as a direct result of any activity conducted on the leased premises by the City. The Government agrees to remediate, at it's sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and /or maintenance of the facilities listed in this master lease and any additions thereto. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and /or claims by third parties that arise out of hazardous contamination found on leased premises not directly attributable to the installation, operation, and /or maintenance of the facilities, provided that such contamination occurred after July 31, 1948. 10. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airfield boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. Such consent shall not be unreasonably withheld by the Government. This clause specifically excludes the Airport Industrial Park. Lease No. DTFA11- 94- L15088 Page 5 11. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during it's term or any renewal thereof made necessary by airport improvements or changes which, in the Government's opinion, interfere with the technical and /or operational characteristics of the Government facilities will be determined by mutual agreement between parties, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by mutual agreement between the parties. 12. CLAUSES INCORPORATED BY REFERENCE This lease incorporates the following Federal Acquisition Regulation (48 CFR, Chapter 1) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their text available. 52.203 -1 OFFICIALS NOT TO BENEFIT (APR 1984) 52.203 -3 GRATUITIES (APR 1984) 52.203 -5 COVENANT AGAINST CONTINGENT FEES (SEP 1991) 52.203 -7 ANTI - KICKBACK PROCEDURES (OCT 1988) 52.233 -1 DISPUTES (MAR 1994) 13. NOTICES All notices shall be in writing and sent by United States Certified or Registered mail, return receipt requested, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice to the other): TO LESSOR: Director of Aviation City of Pueblo 31201 Bryan Circle Pueblo, Colorado 81001 Telephone: (719) 948 -3355 FAX: (719) 948 -4878 TO GOVERNMENT: Federal Aviation Administration Northwest Mountain Region, ANM -56 1601 Lind Avenue S.W. Renton, Washington 98055 -4056 Telephone: (206) 227 -2056 General correspondence may be forwarded to the above address via first class mail. Lease No. DTFA 1 1-94-L- 15088 Page 6 The Lessor and Government hereby agree to the provisions of this Lease as indicated by the signatures hereinbelow of their duly authorized representative (s). This Lease is effective upon the date of execution by the last party thereof. CITY OF PUEBLO W Date: UNITED STATES OF AMERICA Title: Date: SIGNATURE CERTIFICATION I, �fDYC k T LAIURr–W6F_ , certify that I am the - eoglpao of 7h* Cou ye -14 of the Port it County /Board named as Lessor in the attached document; and that �d yGE �. ,t! AwttEnJe E , who signed said document on behalf of the Lessor, was then �1 R �SID6NT of 71tE � nrinl�° /L of said Por ity, County /Board and that said document was duly signed for and in behalf of said Por it ounty /Board by authority of it's governing body and is within the scope of it's powers. Done this ""i — day of 0CTO _r.FR 19�. By: T' OF wt.. �du,N Lease No. DTFA1 1-94-L-1 5088 EXHIBIT INDEX Exhibit Exhibit GSA No. Facili Description Cont. No. 1 ATCT Legal Desc. 08093 1A ATCT Operation 08093 Agreement 2 E /G, ROW Legal Desc. 08161 3 ASR #7, MTI ROW Legal Desc. 08162 4 RCAG Legal Desc. 08098 5 GS R/W 8L Legal Desc. 08106 5A LOC R/W 26R Legal Desc. 08104 5B MM R/W 8L Legal Desc. 08124 6 ALS Legal Desc. 08071 7 REIL R/W 17 Legal Desc. 08255 7A REIL R/W 17 Sketch 08255 8 REIL R/W 26R Legal Desc. 08256 8A REIL R/W 26R Sketch 08256 9 RTR /ROW Legal Desc. 08044 10 UHF /VHF /DF Legal Desc. 08042 11 LOC R/W 8L Legal Desc. 08122 1 1 A GS R/W 26R Legal Desc. 08123 11 B MM R/W 26R Legal Desc. 08097 Page 7 Type of Date of Exh. Exh. Change Chan Lease No. DTFA1 1 -94 -L -15088 EXHIBIT No.1 Air Traffic Control Tower (ATCT) Legal Description GSA #08093 ATCT Site A 120' x 175' tract of land in the NW 1 /4 of Section 30, T 20 S, R 63 W, of the Sixth Principal Meridian in Pueblo, Colorado and described as follows: Commencing at the Northeast corner of said Section 30, proceed S 66 1 49'20" W 985.08 feet to a point; thence S 71 W, 4,288.83 feet to a point, thence S 1 0 45'10" E 10.00 feet to the point of beginning; thence N 88 0 14'50" E, 175.0 feet to a point; thence S 1 0 45'10" E, 120.0 feet to a point; thence S 88 0 14'50" W, 175.0 feet to a point; thence N 1 °45'10" W, 120.0 feet to the point of beginning containing 0.48 acres more or less. Bearings are true as determined by established property lines. Restrictive Area The Lessor will not allow any facility capable of emitting a radio signal to be constructed or located on their property within a 1,000 foot radius from the center of the premises. Special Provision The Lessor will retain the right to erect signs and other devices on the premises for the purpose of maintaining aircraft and vehicular traffic control, if consistent with other requirements of this lease. Lease No. DTFA1 1-94-L- 15088 EXHIBIT No. 1A Air Traffic Control Tower (ATCT) Operation Agreement GSA #08093 Operation Agreement The City shall provide all airport lighting which is essential to safe aircraft operations which can be controlled from the tower and all traffic control devices which are designed to be remotely controlled shall be under the control of the FAA tower controllers. The City agrees to maintain in a proper functioning condition, and to bear all costs relating thereto, all airport runway and taxiway lights, boundary, flood and obstruction lights, and all other locally installed devices necessary for traffic control and safe operation, whether or not such equipment, apparatus, or devices are controlled from the control tower. The City shall give the FAA thirty (30) days written notice of any significant proposed work requiring advance planning involving men and /or equipment to be performed within or adjacent to the movement area, which is defined as the runways, taxing, takeoffs, and landing of aircraft, exclusive of loading ramps and parking areas. The City agrees to establish and exercise controls over future construction to assure protection of the controllers' line of sight visibility as will exist from the cab of the control tower to all traffic pattern, approaches, runways, taxiways, operational portions of the aprons, and other operational areas necessary for the control of ground and air traffic unless approved by the FAA through an approved 7460 FAA form. The City agrees to provide two -way ground communication equipment in their maintenance and emergency vehicles regularly operating on the airport landing area; this equipment to be capable of maintaining radio communications with the FAA ATCT. The right of the City is recognized to reserve any portion of the movement area for any reason that it may deem proper or sufficient for as long a period as the City desires, provided that any such area shall be properly marked off and notice given of the change in available movement area, just as might be done when a portion of the movement area is marked off for maintenance or construction. Providing that this section shall not be deemed to affect any provision contained in any contract previously entered into between the City of Pueblo, Colorado and the FAA concerning the use of the said movement area. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No.2 Engine Generator (E /G) Legal Description GSA #08161 A tract of land in the NE1 /4 corner of Section 25, T 20 S, R 64 W of the 6th Principal Meridian, Pueblo County, State of Colorado and more particularly described as follows: Commencing at the NE corner of Section 30, T 20 S, R 63 W, proceed S 66 0 49'20" W, 1985.08 feet to a point at the end of Runway 26L; thence S 73 0 00'19" W, 5934.43 feet to a point which is the point of beginning; thence S 00 0 03'53" W, 35.0 feet to a point; thence S 89 0 56'07" E, 65.0 feet to a point; thence N 00 0 03'53" E, 35.0 feet to a point, N 89 0 56'07" W, 65.0 feet to the point of beginning, containing 0.05 acres more or less. All bearings are determined as true from the established bearing of the centerline of Runway 8R/26L, which is N 88 0 14'50" E. NOTE This generator has been removed. Lease No. DTFA 1 1-94-L- 15088 EXHIBIT No-3 Airport Surveillance Radar (ASR) #7/ Moving Target Indicator (MTI) Legal Description GSA #08162 ASR -7 Site A tract of land located in the NW1 /4 of Section 24, T 20 S, R 64 W, 6th P.M., Pueblo County, Colorado, and more particularly described as follows: Beginning at the point at the Northwest end of Runway 12/30 which is the intersection of runway centerline and edge of concrete, proceed S 13 0 42'20" W, 3,250.9 feet to the true point of beginning; thence South 200.0 feet to a point; thence West 200.0 feet to a point; thence North 200.0 feet to a point; thence East 200.0 feet to the true point of beginning; containing 1.03 acres, more or less. Bearings are true and based on FAA polaris observation. ASR -7 Access Road A right -of -way located in the W1/2 of Section 24, T 20 S, R 64 W, 6th P.M., Pueblo County, Colorado, 20 feet on either side of the centerline which is described as follows: Beginning at the point at the Northwest end of Runway 12/30 which is the intersection of runway centerline and edge of concrete, proceed S 13 1 42'20" W, 3250.9 feet to the northeast corner of the ASR site; thence South 97.0 feet to the intersection of access road centerline and plot boundary which is the true point of beginning; thence East 18.3 feet to a point; thence S 01 °51' E, 578.5 feet to a point; thence S 12 0 53' W, 648.1 feet to a point; thence s 24 1 11' W, 1211.9 feet to a point which is located on the north edge of the existing glide slope access road and is the end of the ASR -7 access road right -of -way; containing 2.256 acres, more or less. All bearings are true and based on FAA polaris observation. MTI Reflector No. 1 A tract of land located in the NE1 /4 of the NW1 /4 of Section 26, T 20 S, R 64 W, 6th Principal Meridian, Pueblo County, Colorado and more particularly described as follows: Beginning at a point on the centerline of Runway 8L at the threshold of the runway, proceed S 88 0 16'36" W, 4997.5 feet along the Runway centerline extended to the true point of beginning; thence S 1 E, 2.5 feet to a point; thence S 88 0 16'36" W, 5.0 feet to a point; thence N 1 W, 5.0 feet to a point; thence 88 0 16'36" E, 5.0 feet to a point; thence S 1 1 43'24" E, 2.5 feet to the true point of beginning, containing 0.006 acres, more or less. Bearings are true and based on established Runway centerline bearing. Lease No. DTFA 1 1-94-L- 15088 E X H I BIT No. 3 (Cont.) Airport Surveillance Radar (ASR -7)/ Moving Target Indicator (MTI) Legal Description GSA #08162 MTI Reflector No. 2 A tract of land located in the NW1 /4 of the SE1 /4 of Section 13, T 20 S, R 64 W, 6th P.M., Pueblo County, Colorado, and more particularly described as follows: Beginning at a point on the centerline of Runway 17 at the end of the Runway, proceed N 1 W 997.5 feet along the Runway centerline extended to the true point of beginning; thence N 88 0 19'35" E, 2.5 feet to a point; thence N 1 W, 5.0 feet to a point; thence S 88 0 19'35" W, 5.0 feet to a point; thence S 1 E, 5.0 feet to a point, thence N 88 0 19'35" E, 2.5 feet to the true point of beginning, containing 0.006 acres, more or less. All bearings are true and based on established Runway centerline bearing. MTI Reflector No. 3 A tract of land located in the NW1 /4 of the NE1 /4 of Section 29, T 20 S, R 63 W, 6th P.M., Pueblo County, Colorado, and more particularly described as follows: Beginning at a point on the centerline of Runway 26L at the threshold of the Runway, proceed N 88 0 16'36" E, 1997.5 feet along the Runway centerline extended to the point of beginning; thence N 1 W, 2.5 feet to a point; thence N 88 °16'36" E, 5.0 feet to a point; thence S 1 E, 5.0 feet to a point; thence S 88 0 16'36" W, 5.0 feet to a point; thence N 1 0 43'24" W, 2.5 feet to the true point of beginning, containing 0.006 acres, more or less. Bearings are true and based on established runway centerline bearing. Restrictive Area A circular area of 1,500 foot radius from the center of the radar antenna containing approximately 162.37 acres in which above ground construction is not permitted unless cleared by the Government. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No.4 Remote Center Air /Ground (RCAG) Legal Description GSA #08098 RCAG Site A plot of land containing .33 acres, more or less, located in the SW1 /4 of the NW1 /4 of Section 26, T 20 S, R 64 W, 6th P.M., Pueblo County, Colorado, more particularly described as follows: From the most westerly property corner of the Pueblo Memorial Airport, thence N 00 0 6'20" E, a distance of 2302.9 feet along the airport property line fence to a point; thence N 00 1 02'20" E along said fence a distance of 497.1 feet to a point; thence S 89 °57'40" E, a distance of 987.0 feet to the point of beginning; thence N 00 0 02'20" E, a distance of 125.0 feet to a point; thence S 89 0 57'40" E, a distance of 125.0 feet to a point; thence S 00 1 02'20" W, a distance of 125.0 feet to a point; thence N 89 1 57'40" W, a distance of 125.0 feet to point of beginning. Basis of bearings as shown on Master Plan of the Pueblo Memorial Airport. Restrictive Area The Lessor agrees not to erect or to allow to be erected within a radius of 1000 feet on the property leased hereby or on adjacent property of the Lessor any structure or obstruction of whatever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under the terms of this lease unless consent thereto shall first be secured from the Government in writing. Lease No. DTFA 1 1-94-L- 15088 EXHIBIT No.5 Glide Slope (GS) R/W 8L Legal Description GSA #08106 Glide Slope Site A tract of land located within the boundaries of the Pueblo Memorial Airport in the SE1 /4 of the SW 1 /4 and the SW 1 /4 of SE 1 /4 of Section 24, T 20 S, R 64 W, 6th P.M., Pueblo County, Colorado, more particularly described as follows: Commencing at the limestone rock marking the section corner common to said Sections 23, 24, 25, and 26, proceed N 89 1 34'30" E, 2284.93 feet to the point of beginning; thence N 1 0 44'12" W, 270.0 feet to a point; thence N 88 E, 580.0 feet to a point; thence S 1 E, 270.0 feet to a point; thence S 88 0 15'48" W, 580.0 feet to the point of beginning. The plot contains 3.60 acres, more or less. All bearings are true as based on existing property lines. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No.5A Localizer (LOC) R/W 26R Legal Description GSA #08104 Localizer Site A plot of land located within the boundaries of the Pueblo Memorial Airport in the N1/2 of Section 29 and the S1/2 of Section 20, T 20 S, R 63 W, of the 6th P.M., Pueblo County, Colorado - more particularly described as follows: Commencing at the NW corner of said Section 29 proceed N 85 °47'01" E, 2549.51 feet to the true point of beginning (POB) of a plot of land to be described; thence N 88 0 16'36" E, 380.0 feet to a point; thence S 1 E, 560.0 feet to a point; thence S 88 0 16'36" W, 75.0 feet to a point; thence N 1 W, 150.0 feet to a point; thence S 88 0 16'36" W, 305.0 feet to a point; thence N 1 W, 410.0 feet to the true point of beginning. Approximately 3.83 acres. Bearings are true based on bearings of East -West Runway. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No.513 Middle Marker (MM) R/W 8L Legal Description GSA #08124 Middle Marker Site That portion of the NW1 /4 of the NE1 /4 of Section 26, T 20 S, R 64 W, Pueblo County, Colorado described as follows: From a notched rock (3 "x4 "x16 ") marking, the section corner common to Sections 23, 24, 25, and 26 of the above range and township, thence South 472.78 feet; thence West 1881.30 feet to the point of beginning; thence S 88 0 15.8' W, 65.0 feet; thence S 1()44.2' E, 80.0 feet; thence N 88 1 15.8' E, 65.0 feet; thence N 1 W, 80.0 feet to the point of beginning. The said plot contains 0.12 acres, more or less. All bearings are true. The Government shall have the right to support two antenna masts with guy wires anchored outside the described area. The masts will be located within the described area. Lease No. DTFA1 1 -94 -L -15088 EXHIBIT No.6 Approach Light System (ALS) Legal Description GSA #08071 A plot of land in the N1/2 of the NW 1 /4 of Section 25 and the N1/2 of the NE 1 /4 of Section 26, T 20 S, R 64 W, Sixth P.M., Pueblo County, Colorado, and more particularly described as follows: From a limestone rock (4" x 4" x 16 "), which marks the corner common to Sections 23, 24, 25, and 26, T 20 S, R 64 W, Sixth P.M., proceed S 82 0 47'42" E a distance of 1625.1 feet to a point of beginning; thence S 88 W, 3220.0 feet; thence S 1 0 44'12" E, 400.0 feet; thence N 88 E, 144.0 feet; thence S 1 °44' 12" E, 100.0 feet; thence N 88 E, 100.0 feet; thence N 1 100.0 feet; thence N 88 E,2976.0 feet; thence N 1 0 44'12" W, 400.0 feet to the point of beginning. The said plot contains 29.80 acres, more or less. All bearings are true. Lease No. DTFA 1 1-94-L- 15088 EXHIBIT No.7 Runway End Identifier Lights (REIL) R/W 17 Legal Description GSA #08255 Two 400 square foot plots of land at the end of Runway 17. See attached Exhibit 7A, made a part hereof. Special Provision The Lessor shall pay for the relocation, replacement, and /or modification of the REILS or components, made necessary by Airport improvement or change. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No.8 Runway End Identifier Lights (REIL) R/W 26R Legal Description GSA #08256 Two 400 square foot plots of land at the end of Runway 26R. See attached Exhibit 8A, made a part hereto. Special Provision The Lessor shall pay for the relocation, replacement, and /or modification of the REILS or components made necessary by Airport improvement or change. Lease No. DTFA1 1-94-L- 15088 EXHIBIT No.9 Remote Transmitter Site Legal Description GSA #08044 A tract of land in the SW1 /4 of Section 19, T 20 S, R 63 W, of the Sixth Principal Meridian, Pueblo County, State of Colorado, and more particularly described as follows: Commencing at the Southeast corner of said Section 19, proceed S 66 1 49'20" W, 1985.08 feet to a point, which is the end of Runway 26L, thence N 75 W, 4044.81 feet to the point of beginning; thence N 00 1 43'56" W, 230.0 feet to a point; thence N 89 0 16'04" E, 200.0 feet to a point; thence S 00 0 43'56" E, 230.0 feet to a point; thence S 89 0 16'04" W, 200.0 feet to the point of beginning, containing 1.06 acres more or less. All bearings are determined as true from the established bearing of Runway 8R/26L, which is N 88 E. Restrictive Area Lessor will not allow any facility capable of emitting a radio signal to be constructed or located on their property within a 1,000 foot radius from the center of the plot of land described above. Special Provision The Government agrees that the right -of -way for ingress and egress to and from the leased premises shall be on a graded road to the Airport Power Vault, then on existing graded roads past the Weather Bureau wind indicator to the Remote Transmitter site. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No. 10 UHF /VHF Directional Finder (DF) Legal Description GSA #08042 Directional Finder Site A tract of land in the SW1 /4 of Section 19, T 20 S, R 63 W, 6th P.M., Pueblo County, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 19, proceed S 66 0 49'20" W, 1985.08 feet to a point, which is the end of Runway 26L; thence N 67 0 43'12" W, 5061.67 feet to the point of beginning; thence S 70 °28'00" W, 50.0 feet to a point; thence N 19 0 32'00" W, 50.0 feet to a point; thence N 70 0 28'00" E, 100.0 feet to a point; thence S 19 0 32'00" E, 50.0 feet to a point; thence S 70 0 28'00" W, 50.0 feet to a point which is the point of beginning, containing 0.11 acres more or less. All bearings are determined as true from the established bearing of Runway 8R/26L, which is N 88 0 14'50" E. Restrictive Easement The Lessor hereby agrees to refrain from, and to prohibit other from: a. Construction of any non - metallic buildings within 50 feet or any non - metallic buildings three (3) stories in height and 100 feet from the antenna. b. Construction of small buildings with metal roofs and /or walls within 100 feet or the construction of large metal structures such as hangars, antennas, water towers, etc., within 400 feet of the DF antenna. C. Granting of easements or leases or sale of land for high voltage transmission within 600 feet of the DF antenna or for above ground utility lines within 400 feet of the DF antenna. d. Granting of easements or leases or sale of land for construction of railroads or major highways within 150 feet of the DF antenna. e. Installation of other VHF /UHF antennas within 80 feet of the DF antenna. f. Construction of wire fences within 80 feet of the DF antenna. Lease No. DTFA 1 1-94-L- 15088 EXHIBIT No. 10 (Cont.) UHF /VHF Directional Finder (DF) Legal Description Special Provisions a. The Lessor agrees to permit the Government to install and maintain concrete and pipe markers, one above ground level, at 45 degree intervals and at a distance of one hundred fifty (150) feet from the approximate center of the leased property. b. The Government agrees that the right -of -way for ingress and egress to and from the leased premises shall be on the graded road to the Airport Power Vault, then on existing graded roads past the Weather Bureau wind indicator to the UHF /VHF Doppler Direction Finder antenna site. Lease No. DTFA1 1-94-L- 15088 EXHIBIT No. 11 Localizer (LOC) R/W 8L Legal Description GSA #08122 Localizer Site A plot of land 40 feet by 40 feet located on Pueblo Memorial Airport, Pueblo, Colorado, more particularly described as follows: From a point on the centerline of the West end of the existing Runway 8L proceed along the centerline a distance of 750 feet; thence S 15 W a distance of 200 feet to a point; thence South 45 feet to a point which is the point of beginning; thence West 20 feet to a point; thence South 40 feet to a point; thence East 40 feet to a point; thence North 40 feet to a point; thence West 20 feet to a point which is the point of beginning. Together with a right -of -way for ingress and egress, 20 feet in width running in an Easterly direction for approximately 200 feet to the existing airport maintained perimeter road. Plot and right -of -way contains 0.129 acres, more or less. Lease No. DTFA 1 1-94-L- 15088 EXHIBIT No. 11A Glide Slope (GS) R/W 26R Legal Description GSA #08123 Glide Slone A plot of land 40 feet in width and 330 feet in length located on the Pueblo Memorial Airport, Pueblo, Colorado, more particularly described as follows: From a point on the NE corner of Runway 26R proceed North 500 feet to a point; thence West 839 feet to a point which is the point of beginning; thence North 20 feet to a point; thence West 330 feet to a point; thence South 40 feet to a point; thence East 330 feet to a point; thence N 20 feet to a point which is the point of beginning. Together with a road right -of -way for ingress and egress 20 feet in width in Northerly direction for approximately 550 feet to intersect with the airport- maintained perimeter road. Plot and right -of -way contain 0.56 acres, more or less. Lease No. DTFA1 1-94-L-1 5088 EXHIBIT No. 11B Middle Marker (MM) R/W 26R Legal Description GSA #08097 Middle Marker A plot of land 40 feet in width and 50 feet in length located on the Pueblo Memorial Airport, Pueblo, Colorado, more particularly described as follows: From a point on the centerline of the East end of Runway 26R proceed East along the centerline 3120 feet to a point which is the point of beginning; thence South 20 feet to a point; thence East 50 feet to a point; thence North 40 feet to a point; thence West 50 feet to a point; thence South 20 feet to a point, which is the point of beginning. Together with the road right -of -way for ingress and egress from the airport maintained perimeter road adjoining and parallel to the plot on the North. Plot of land containing .0046 acres of land, more or less.