HomeMy WebLinkAbout20083422.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF WILBER B. ROSS
MEMORIAL POLICE TRAINING CENTER AND AUTHORIZE CHAIR TO SIGN-CITY OF
GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for Use
of the Wilber B. Ross Memorial Police Training Center between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Sheriffs Office, and the City of Greeley, commencing upon full execution of said agreement, and
ending December 31, 2009, with further terms and conditions being as stated in said agreement,
and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for Use of the Wilber B. Ross Memorial
Police Training Center between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County,on behalf of the Sheriffs Office,and the City of Greeley
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of December, A.D., 2008.
Imo"` BOARD OF COUNTY COMMISSIONERS
Eta`�V LD CO NTY, COLORADO
ATTEST: L �w r/�
ll.. S
I :m H. Jerke, Chair
WelO_County Clerk to the Boar.
o•ert Pro- em
BY:A . 61 �� 24 a�T1 '�
Dep Clerk'to the Board
2, Willi F. Garcia
AP M: ccotQ�, C 4.11
avid E. Long
ounty Attorney nap
Jl Douglas Ibdemach r
Date of signature: I 11 (0(I
2008-3422
SO0029
CO, SU( I o-,.tf,) a2-O3 -off
INTERGOVERNMENTAL AGREEMENT
FOR USE OF THE
WILBER B. ROSS MEMORIAL POLICE TRAINING CENTER
4 THIS INTERGOVERNMENTAL AGREEMENT is made this 9' day of f7Rr-0h ,
200 by and between the CITY OF GREELEY, COLORADO, a Colorado Home Rule
Municipality, by and through its City Council with offices located at 1000 10th Street, Greeley,
Colorado 80631 (hereinafter referred to as "City") and COUNTY OF WELD, COLORADO, a
Colorado Home Rule County, by and through the Board of County Commissioners for Weld
County, with offices located at 915 10th Street, Greeley, Colorado 80632 (hereinafter referred to
as "County") for use of the Wilber B. Ross Memorial Police Firing Range (hereinafter referred to
as "Firing Range").
WHEREAS, City currently leases land from the Greeley-Weld County Airport Authority
where City has built the Firing Range;
WHEREAS, City owns and operates the Firing Range;
WHEREAS, City and County have for many years shared the use of the Firing Range,
and have shared the cost of operation of the Firing Range;
WHEREAS, City has recently upgraded and expanded the Firing Range;
WHEREAS, City and County wish to continue sharing in the use of the Firing Range;
WHEREAS, City and County would like to now update the agreements they have had
over several years, in a written agreement;
WHEREAS, this Agreement is authorized by Section 30-11-101(1)(d) C.R.S. and the
Weld County Home Rule Charter, Section 3-8 (4)(m)/and Greeley City Charter 3-5.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the adequacy of which is acknowledge by and between the parties, the parties agree as
follows:
1. Effective Date and Term. The term of this Agreement shall begin upon the date of final
execution by all the parties to this Agreement, and shall continue until December 31,
2009, after which time this Agreement shall automatically renew from year to year,
unless terminated sooner pursuant to the terms and conditions set forth in this Agreement.
2. Annual Payment by County. County agrees to pay to the City a fee that will be paid on
an Annual basis (the "Annual Payment") of$20,000, to cover costs such as maintenance,
equipment replacement and improvements to the Firing Range. For the initial term of
this Agreement, the Annual Payment shall be adjusted to include the time period from
1 07008-3q.2a
final execution of this Agreement until December, 2008 on a pro rata basis, together with
the Annual Fee to cover the initial year through December 31, 2009. If in any subsequent
year, City wishes to modify the amount of the Annual Payment, City agrees to provide to
County an accounting of all costs incurred for the maintenance, equipment replacement
and improvements of the Firing Range for the previous year or years, as may be
appropriate, and the parties will negotiate in good faith the appropriate amount to then be
charged for the Annual Payment.
3. Scheduled County Uses. The parties agree that so long as the Annual Payment is timely
paid, County shall be entitled to use the Firing Range for a maximum of 774 hours per
year. The parties will meet during December of the previous year to schedule the
minimum uses by the County for the subsequent year. The parties agree that the use
proposed by the County is reasonable and appropriate. County may schedule additional
uses at the Firing Range through the City, if such time is reasonably available. If County
should determine that it does not require previously scheduled use time, County will
notify City of County's intent to cancel such scheduled time as soon as possible prior to
the scheduled use date.
4. No Third Party Use of Firing Range Without Approval. No Third Party individual,
group, association, or entity, shall be entitled to use the Firing Range unless said person,
agency, or entity has been permitted by the City to use the Firing Range after executing a
"Contract User Agreement"with the City and paying the then currently established fee.
The Contract User Fee shall be established by the City of Greeley.
5. Agreement Subject to Lease. The Parties specifically agree and understand that this
Agreement is subject to terms and conditions of the lease agreement between the
Greeley-Weld County Airport Authority and the City of Greeley executed on December
17, 2004 and all terms that are in contradiction to the airport lease agreement are hereby
subordinated to the terms of this lease agreement. Specifically, the Parties agree and
understand to abide by the terms of paragraph 16 of the lease agreement regarding Federal
Aviation Administration lease requirements.
6. Termination. This Agreement may be unilaterally terminated by any party with or
without cause by providing sixty(60) days' written notice to the other party terminating
party's intent to terminate. The County shall be entitled to a refund on a pro rata basis of
any funds paid for the annual fee that have not yet been used. Additionally, County shall
be entitled to remove any equipment titled to the County and located at the Firing Range
within sixty(60) days after the termination date. Any equipment remaining at the Firing
Range more than sixty(60) days after the actual termination date shall become property of
City.
7. Ownership of the Firing Range Facilities' Equipment and Fixtures. The Parties agree
that within sixty days after signing this Agreement, they will jointly take complete
inventory of the structures, facilities, equipment and fixtures, or any other property
currently located at the Firing Range and establish ownership of the property, as the
Parties acknowledge that both Parties have contributed property to the Firing Range over
2
several years. A complete inventory shall be established and both Parties shall sign on the
established inventory, on or before January 1, 2009. All additional structures, facilities,
equipment or fixtures including, but not limited to, targeting system, decisional shooting
devices, and computers, at the time such property is added to the Firing Range, shall
immediately be entered into the inventory log with a notation as to which Party holds title
to the particular property..
8. City to Maintain Facility and City's Equipment. In exchange for payment by the
County for the annual fee stated herein, or as revised by agreement of the Parties in
subsequent years if this agreement is renewed, City assumes all costs for usual and
ordinary future repairs, replacement, modifications, enhancements, and reconstruction of
the facilities and/or equipment owned by the City of Greeley on the Firing Range
premises. County shall not have use of the City's decisional shooting equipment.
9. County to Maintain County's Equipment. County agrees to be responsible for the
ordinary future repairs, replacement, modifications, and enhancements of the equipment
owned by Weld County and located on the Firing Range premises.
10. Each Party Responsible for its own Negligence. The Parties specifically agree that each
Party shall be responsible for the costs to repair damage caused by their employees' or
agents' negligent use of the Firing Range or any equipment located at the Firing Range, or
both. The City shall have approval rights over the range protocol in use by the County.
11. Parties Relationship. The Parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. Employees, staff, and agents of any one party hereto are not to be
considered employees, staff or agents of any other party hereto for any purpose and said
persons may not hold themselves out as employees or agents of any other party hereto or
otherwise make any representation or commitment on behalf of any other party hereto. No
party shall be in any way required to provide any pecuniary benefits, salaries, wages, or
fringe benefits to employees, staff or agents of the other party.
Third party persons coming to the Training Center property for County purposes
pursuant to this Agreement are not considered to be invitees of the City.
12. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or certified mail, return receipt requested, postage prepaid at
the addresses as follows:
TO CITY: City of Greeley
1000 10th Street
Greeley, Colorado 80631
Attn: City Manager
Greeley Police Department
2875 10`h Street
3
Greeley, Colorado 80634
Attn: Chief Jerry Gamer
TO COUNTY: Weld County, Colorado
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Weld County Sheriff
1950 O Street
Greeley, Colorado 80631
Attn: Sheriff John Cooke
Any notice so mailed and any notice served by personal delivery shall be deemed delivered and
effective upon receipt. This method of notification will be used in all instances, except for
emergency situations, when immediate notification maybe provided to the Greeley Police Chief
or the Weld County Sheriff, whichever is applicable.
13. Responsibility for Legal Proceedings/Liability. The County shall be responsible for
defending itself and its officers, agents, and employees in any civil action brought against
the County and its officers, agents, or employees by any person claiming injury or
damages or both as a result of the performance of this Agreement. Likewise, the City
shall be responsible for defending itself and its officers, agents, and employees in any
civil action brought against the City, its officers, agents, or employees by any person
claiming injury and damages as a result of the performance of this Agreement. The
County and its officers and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors, or omissions of the City, or any officer, agent, or
employee thereof; arising out of the performance of this Agreement. Likewise, the City
and its officers, agents and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors, or omissions of the County or any officer, agent, or
employee thereof; arising out of the performance of the terms of this Agreement.
14. Liability Insurance. Each Party shall maintain adequate liability insurance coverage or
financial responsibility as assurance of its accountability for any losses, claims, liabilities,
or expenses for which it may be responsible.
15. Responsibility for Illness or Injury. County shall be responsible for employees or
agents of the County attending or participating in any way in the use of the Firing Range
and County acknowledges that City shall not be responsible for payment of any medical
bills for any County employees' or agents' injuries or illness which may occur during, or
as a result of, the use of the Firing Range.
16. Workers' Compensation. Each Party shall maintain workers' compensation insurance
coverage, to the extent such coverage is required, for all employees or agents who may be
present in any capacity during the Party's use of the Training Center.
4
17. Insurance information. Upon request, each party shall provide to the other party
information regarding relevant insurance and/or financial responsibility pursuant to this
Agreement. In the event that the insurance coverage for one party is canceled in whole or
in part or is no longer available, the other party may elect to immediately terminate this
Agreement in whole or in part by giving notice of such termination to the non-terminating
party within three (3) days of termination.
18. Modification and Breach. This Agreement contains the entire Agreement and
understanding between the Parties and hereby supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal or other alteration of or to this Agreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the Parties. No breach of any term,provision or clause of this Agreement
shall be deemed waived or excused, unless such waiver or consent shall be in writing and
signed by the party claimed to have so waived or consented. Any consent by any Party to,
or waiver of, a breach by the other, whether express or implied, shall not constitute a
consent, waiver of, or excuse for any other different or subsequent breach.
19. Assignment. No Party may assign this Agreement without prior written consent from the
other Party.
20. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the Parties.
21. Choice of Law. This Agreement shall be construed in accordance with the laws of the
State of Colorado. It is agreed by the Parties that any causes of action arising out of this
Agreement shall be venued in the courts of Weld County, Colorado, to the extent that
those courts are reposed with subject matter jurisdiction, or in Denver, Colorado, if the
case must be heard in federal court. All Parties agree to submit themselves to the personal
jurisdiction of those courts.
22. Budget Constraints. Nothing in this Agreement shall be construed to require any party
to provide funding for any purpose under this Agreement that has not previously been
budgeted.
23. No Third Party Enforcement. It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned Parties and nothing in this
Agreement shall give or allow any claim or right of claim whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that
any entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
5
24. Governmental Immunity. Nothing in this agreement shall be construed as a waiver of
immunity provided by common law or by state statute, including the Colorado
Governmental Immunity Act, Section 24-10-101, et.seq., C.R.S.; and further shall not be
deemed as an assumption of any duty with respect to any non-party to this Agreement.
The Parties hereto expressly reserve all protections, immunities, rights, and defenses of
the Colorado Governmental Immunity Act.
IN WITNESS WHEREOF, the Parties < e0 a,,.%;:,- =�1 this Agreement the day
and year first written. - ,4 tPOg4�r,
to
CITY OF GREELEY `
APPROV O TANCE �` ♦01
y ager `` ity ClerJ
I
APPROVED AS TO LEGAL FORM: AVAILABILITY OF FUNDS
By: By:
City Attorney Di ector f Finance
BOARD OF COUNTY COMMIS .
FOR WELD COUNTY, COLO '
last I; 4 � T: yy /�,//✓Gl�a'Y
,VAC
By: Y\-,
William H. Jerke, Chair �` ` �� �puty IT-rk to the BQ: d
DEC 3 1 2008
W D COUNTY SHERIFF GREELEY POLICE DEPARTMENT
John . Cooke, heri Jearner, Chief
6 0008-34 ?
ATTACHMENT A
DECEMBER17,2004 AIRPORT LEASE
a
THE CITY OF GREELEY, COLORADO
RESOLUTION 16 ,2009
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF GREELEY'S POLICE DEPARTMENT AND
THE WELD COUNTY SHERIFF'S OFFICE REGARDING USE OF THE WILBER B. ROSS
FIRING RANGE
WHEREAS, the City of Greeley's Police Department (hereinafter referred to as "City")
and the Weld County Sheriff's Office (hereinafter referred to as "County") desire to enter into a
Memorandum of Understanding regarding the use of the Wilber B. Ross Firing range
(hereinafter referred to as "Firing Range") Firing Range; and
WHEREAS, City currently leases land from the Greeley-Weld County Airport Authority
where City has built the Firing range; and
WHEREAS, City owns and operates the Firing range; and
WHEREAS, City and County have for many years shared the use of the Firing range, and
have shared the cost of operation of the Firing Range; and
WHEREAS, City has recently upgraded and expanded the Firing range; and
WHEREAS, City and County wish to continue sharing in the use of the Firing range;
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into
this agreement between the Greeley Police Department and the Weld County Sheriff's
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GREELEY, COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the Memorandum of
Understanding, attached hereto and incorporated herein as Exhibit"A".
F Q esolution shall become effective immediately upon its passage.
O° D ADOPTED, SIGNED AND APPROVED THIS 3rd day of
* 2009.
\, • ,��^' - THE CITY OF GREELEY, COLORADO
City Clerk W t, Edward Clark, Mayor
LEASE AGREEMENT
ritit
THIS ItEASE AGREEMENT is made and entered into at Greeley,Colorado,this t day
of likrt`tdoer, 2004, by and between GREELEY-WELD COUNTY AIRPORT
AUTHORITY,hereafter referred to as "Lessor"and THE CITY OF GREELEY,hereafter referred
to as"Lessee".
Background of Agreement. The following background statements are made to aid in the
understanding and interpretation of this
Agreement:
A. Lessor is the owner of the following described property, hereafter jointly known as
"the Property".
Legal Description attached as Exhibit A.
B. Lessor is willing to lease the Property to Lessee and Lessee desires to lease the
Property from Lessor.
NOW, THEREFORE, Lessor and Lessee are entering into this Agreement in order to
establish the grant of a leasehold estate and in order to set forth the terms and conditions of this
Lease Agreement:
1. GRANT OF LEASEHOLD ESTATE; LEASED PROPERTY.
(a) The Lessor hereby leases to the Lessee the Property upon the terms and
conditions set forth in this Lease Agreement. This paragraph establishes, in favor
of the Lessee, a leasehold estate in the Property and nothing in this paragraph or in
any other provisions of this Lease Agreement shall establish a joint venture,
partnership or any other relationship as between the Lessor and Lessee.
(b) The Property consists of the real estate and all improvements owned by the
Lessor presently located on the real estate.
2. A. TERM OF LEASE. The term of this Lease is for ten(20) years commencing Noarba
1, 2004, and terminating October 31,2024.
B. TERMINATION OF LEASE BY LESSOR. This Lease may be terminated at any time
during the term of this Tease by the Lessor upon giving 60 days notice to Lessee. In the event,
however, that the Lessor terminates the Lease prior to the expiration of the original 10 year term
pursuant to this provision,Lessor shall pay Lessee for all improvements made to the leased property
by Lessee after the date of this Lease Agreement. The parties agree that the currently existing
improvements are stated on Exhibit B, attached hereto. Payment for the improvements made after
the date of this Lease Agreement shall be paid by Lessor to Lessee at the market value of such
improvements existing at the time Lessee surrenders the leased premises. This provision shall only
apply in the event Lessor terminates this Lease prior to the end of the original 10 year term, or
Lessee terminates the Lease pursuant to paragraph 17 herein.
3. CASH RENT. The rent shall be payable on the 1st day of January of each year and
shall be at the rate of$1.00 per year.
4. TAXES AND MAINTENANCE.Lessee assumes the following additional obligations
as additional rent.
(a) Lessee agrees to pay all ad valorem property taxes,possessory interest taxes
and local and special improvement assessments(including all taxes and assessments
levied by any improvement district) attributable both to land and the buildings
constituting the Property.
(b) Lessee shall be required to make all necessary repairs or replacements to the
Property at Lessee's expense with no contribution from the Lessor. The Lessee's
obligation to this paragraph applies to each and every element of the Property
including,but not limited to the roof,parking and paved areas,supporting structural
walls, mechanical and electrical components of the buildings, fixtures and utility
services.In addition,the Lessee shall be required to provide general and preventative
maintenance to the grounds the buildings including, by way of example, mowing
and painting.
5. CONDITION AND USE OF THE PROPERTY.
(a) The Lessee has thoroughly inspected the Property prior to entering into this
Lease Agreement and accepts the Property in its present condition without any
obligation on the part of the Lessor to make any repairs or alterations.
(b) The Lessee shall use the Property for use as a gun range,police training and
those uses which are directly related to such primary uses.
(c) The Lessee shall comply with all applicable governmental regulations
pertaining to use of the Property including FAA regulations, zoning laws, building
codes, and similar laws and regulations.
(d) Upon termination of this Lease for any reason,the Lessee shall surrender the
Property in good condition.
6. ALTERATIONS AND ADDITIONS TO PROPERTY.
(a) The Lessee shall not make any alterations or additions to the Property except
as necessary for the Lessee's use of the Property as a firearms range,police training
facility, and/or storage bunker for explosives and ammunition and only after
Lessor's approval, which shall not be unreasonably withheld. All alterations or
2
additions to the Property shall be done in a proper and workmanlike manner, and
shall not be undertaken until Lessor has completed the appropriate FAA
airspace/obstruction review, if required.
(b) All such permitted alterations and additions shall be done at the sole expense
of the Lessee, and Lessee shall have no right or power to bind the Lessor or the
Lessor's interest in the Property, for payment of any claim for labor or material or
for any charge or expense incurred in the alteration or addition.
(c) All permitted alterations and additions and any other improvements made to
the Property by the Lessee shall remain upon and become part of the Property at the
termination of this Lease and shall become the property of the Lessor.
7. INDEMNIFICATION AND HOLD HARMLESS. The Lessee agrees to indemnify and
hold harmless the Lessor from all claims of any kind resulting,from the Lessee's use and occupancy
of the property, including attorney's fees and costs.
8. UTILI I iF S. The Lessee shall pay all of the utility charges for utility services to the
Property, and the Lessee shall contract for such services in its name and shall hold the Lessor
harmless as against all claims for payment of utility charges. This paragraph is intended to apply
to all utility services now provided to the Property or which might in the future be provided to the
Property including,but not limited to, water and sewer charges, charges for natural gas or heating
fuel, electricity, and telephone.
9. CONDEMNATION. The Lessee shall have the right to terminate this Lease if the
entire Property is taken or damaged in a condemnation proceeding, or if the Lessor conveys the
entire Property to the condemning authority in response to an immediate threat of condemnation.
This provision also shall apply to & partial taking, whether or not the Lessor is entitled to
compensation for damage to the remainder, if the partial taking substantially impairs the conduct
of the Lessee's use. In no event will the Lessee have any right to receive from the Lessor,or in any
way to share in the compensation and damages paid to the Lessor by reason of the condemnation.
or the conveyance in lieu thereof except a refund of the prorated rent and the Lessee shall be entitled
to remove any fixtures or improvements at the Lessee's discretion and expense.
10. RIGHT TO INSPECT. The Lessor shall have the right to inspect'the property at any
reasonable time. If,on the basis of that inspection,the Lessor concludes that the buildings are not
being maintained in compliance with this Lease, or that the Lessee is otherwise in violation of this
Lease, the Lessor may give written notice of that conclusion to the Lessee and declare that the
Lessee is in default and the conditions of paragraph 15,default, shall apply.
11. ASSIGNMENT AND SUBLEASE. The Lessee shall have no right to assign all or
any part of this Lease or to sublease all or any portion of the Property, without the written consent
of the Lessor,and the Lessor may not unreasonably withhold that consent. If the Lease is properly
assigned,the Lessee nevertheless shall remain fully obligated as a guarantor of the performance by
the assignee of all of the obligations imposed by this Lease Agreement on the Lessee.
3
12. TAXES AND LICENSES. Lessee covenants and agrees to pay promptly all valid
taxes,excises,license tees,and permit fees of whatever nature applicable to its operation hereunder,
or levied or assessed against the Property and to take out and keep current all licenses-county,state,
or federal required for the conduct of its use and upon the Lessor, and further agrees not to permit
any of the said taxes, excises, or license fees to become delinquent.
13. INCONVENIENCE DURING CONSTRUCTION.Lessee recognizes that from time
to time during the term of this Lease Agreement,it will be necessary for Lessor to initiate and carry
forward extensive programs of construction,reconstruction,expansion,relocation,maintenance,and
repair in order that the Lessor and its facilities may be suitable for the volume and character of air
traffic and flight activity which will require accommodation, and that such construction,
reconstruction, expansion, relocation, maintenance, and repair may inconvenience or temporarily
interrupt Lessee and its operation at the Greeley-weld County Airport.Lessee agrees that no liability
`shall attach to Lessor, its officers, agents, employees, contractors, subcontractors, and
representatives by reason of such inconvenience or interruption and for and in further consideration
of the premises, Lessee waives any right to claim damages.
14. MECHANIC'S LIENS.Notice is hereby given that the Lessor shall not be liable for
any labor or materials furnished or to be furnished to the Lessee upon credit,and that no mechanic's
or other lien for any such labor or materials shall attach to or affect the reversion or other estate or
interest of the Lessor in and to the Property. Whenever and as often as any mechanic's lien shall
have been filed against the Property, based upon any act or interest of the Lessee or of anyone
claiming through the Lessee, or if any financing statement or agreement of life import shall have
been filed for or affecting any materials,machinery, or fixtures used in the construction,repair,or
operation thereof, or annexed thereto by the Lessee,the Lessee shall forthwith take such action by
bonding,deposit or payment as will remove or satisfy the lien,or financing statement or agreement
of like import,and in default thereof for thirty(30)days after notice to the Lessee,the Lessor may
pay the amount of such mechanic's lien or financing statement or agreement of like import or
discharge the same by deposit, and the amount so paid or deposited, with interest thereon,shall be
payable forthwith with interest at the rate of ten percent (10%) per annum from the date of such
advance, and with the same remedies to the Lessor as in case of default in the payment of rent as
herein provided.
15. DEFAULT/CURE. Should Lessee fail, refuse, or neglect to pay the rent as herein
provided,or should Lessee breach any of the terms and conditions of this Lease Agreement,Lessor
shall become entitled to repossess the Property upon giving Lessee notice of such breach in writing
at least thirty(30)days in advance. If at the end of such thirty(30)day period following the service
of said notice, Lessee fails to make payment and/or correct the breach, Lessor may, at its option,
terminate the Lease Agreement or may, without terminating the Lease Agreement, enter upon and
take possession of the Property with or without process of law, without liability for trespass.
Further, in the event Lessee shall engage in any activity or practice (except. as herein
specifically permitted)which substantially hinders or substantially interferes with the proper use and
operation of the Greeley-Weld County Airport,then Lessor may order Lessee to forthwith cease and
4
desist from such activity or practice,and should Lessee fail or refuse to comply with any such order,
then Lessor may,at its option, cancel, and terminate this Lease Agreement.
Further,it Lessee abandons the Property,Lessor may,at its option,cancel and terminate this
Lease Agreement or may,without terminating the Lease Agreement,enter upon and take possession
of the Property with or without process of law, without liability for trespass.
16. FEDERAL AVIATION ADMINISTRATION LEASE REQUIREMENTS.
(a) The Lessee, its successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree "as a covenant running with
the land;"that(1) no person on the grounds of race, color,' or national origin shall
be excluded from participation in,denied the benefits of, or otherwise be subjected
to discrimination in th. use of said facilities, (2) that in the construction of any
improvements on,over,or under such land and th.furnishing of services thereon,no
person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of,or otherwise be subjected to discrimination,
(3)that the Lessee shall use the premise in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation-Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(b) Lessee shall furnish its accommodations and/or services on a fair,equal,and
not unjustly discriminatory basis to all users thereof and it shall charge fair,
reasonable and not unjustly discriminatory prices for each unit or service;
PROVIDED THAT the Lessee may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type of price reductions to
volume purchasers.
(c) Lessee (licensee, contractor, etc.) shall make its accommodations and/or
services available to the public on fair and reasonable terms without unjust
discrimination on the basis of race,color, religion, sex, age,or national origin.
(d) Non-compliance with Provisions (a), (b), and (C) above, after written
findings, shall constitute a material breach thereof and in the event of such
noncompliance the Lessor shall have the right to terminate this Lease and the estate
hereby created without liability thereof or at the election of th—Lessor or the United
States,either or both said governments shall have the right to judicially enforce said
provisions(a), (b),and(C).
(e) Lessee agrees that it shall insert the above four provisions in any lease
(agreement, contract, etc.) by which said Lessee grants a right of privilege to any
person, firm or corporation to render accommodations and/or services to the public
on the premises herein leased.
5
(1) The Lessor reserves the right to further develop or improve the landing area
of the airport as it sees fit, regardless of the desires or view of the Lessee, and
without interference or hindrance.
(g) The Lessor reserves the right, but shall not be obligated to the Lessee, to
maintain and keep in repair the landing area of the airport and all publicly-owned
facilities of the airport,together with the right to direct and control all activities of
the Less.. in this regard.
(h) This Lease shall be subordinate to the provisions and requirements of any
existing or future agreement between the Lessor and the United States,relative to the
development, operation,or maintenance of the airport.
(i) Lessee agrees to comply with th. notification and review requirements
covered in Part 77 of the Federal Aviation Regulations in the event any future
structure or building is planned for the Property, or in the event of any planned
modification or alteration of any present or future building or structure situated on
the Property.
(j) It is understood and agreed that nothing herein contained shall be construed
to grant or authorize the granting or any exclusive right with in the meaning of
Section 308(a) of the Federal Aviation Act of 1958, as amended.
(k) There is hereby reserved to the Lessor,its 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 Property 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 said airspace
or landing at,taking off from, or operating on the Greeley-Weld County Airport.
(1) The Lessee,by accepting this Lease,expressly agrees for itself,it successors
and assigns that it will not erect or permit the erection of any structure or object nor
permit the growth of any tree on the land leased hereunder above the mean, sea level
elevation of 4665 feet. In the event the aforesaid covenant is breached, the Lessor
reserves the. right to enter upon the land leased hereunder and to remove the
offending structure or object and cut the offending tree, all of which shall be at the
expense of Lessee.
(m) The Lessee, by accepting this Lease, expressly agrees for itself, its successors
and assigns that it will not make use of the Property in any manner which might
interfere with the landing and taking off of aircraft from the Greeley-Weld County
Airport or otherwise, constitute a nuisance. In the event the aforesaid covenant is
breached,the Lessor reserves the right to enter upon the Property hereby leased and
cause the abatement of such nuisance at the expense of the Lessee.
6
(n) The Lessee assures that it will undertake an affirmative action program as
required by 14 CFR, Part 152, Subpart E, to ensure that no person shall, on the
grounds of race, creed, color, national original, or sex, be excluded from
participating in any employment activities covered in 14 CFR, Part 152, Subpart E.
The Lessee assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any program or activity
covered by this subpart. The Lessee assures that it will require that its covered
suborganizations, as required by 14 CFR, Part 152, Subpart E, to the same effect.
• 17. LESSOR/FAA RESERVATION OF RIGHTS TO CONSTRUCT IMPROVEMENTS
ON THE PROPERTY. Lessor and/or the FAA hereby reserves the right to place, erect, install,
maintain, or otherwise construct its own improvements on the leasehold Property, which may be
necessary for the operation of the airport. The parties understand and agree that current plans for
airport improvements shall place future visual navigational/landing aids upon the Property. Lessor
and Lessee agree that placement of the improvements, if required, shall not unreasonably interfere
with the intended and existing uses of the Property by Lessee for a firing range, police training
facility,and storage bunker for explosives and ammunition. In the event that Lessee determines that
Lessor's intended and/or constructed improvements, render the Property unfit, unsafe or
unreasonably interfere for the intended uses stated herein,then in that event, Lessee has the right
to terminate this Lease, in which event the Lessor shall pay Lessee for all improvements made to
the leased property after the date of this lease agreement,at the market value of such improvements
existing at the time Lessee surrenders the lease premises.
18. FAA CORRESPONDENCE/TERMS AND CONDITIONS. All terms and
conditions of this Lease are subject to the benefits and restrictions contained in that December 1,
1998,letter from the FAA,a copy of which is attached hereto and incorporated herein as Exhibit C.
19. ATTORNEYS' FEES AND COSTS. In the event litigation is instituted by Lessor
because of a failure, to pay rent or other breach of this Lease Agreement, and if Lessor prevails in
the litigation, Lessee shall pay all of Lessor's reasonable attorneys' tees and costs.
20. MISCELLANEOUS.
(a) Time is of the essence in all provisions of this Lease.
(b) Colorado Law would be referred to in the interpretation and construction of
this Lease and the resolution of all disputes hereunder.
(c) This Lease Agreement is binding upon and will inure to the benefit of the
parties heretol their successors and assigns.
(d) The provisions of this Lease Agreement may be amended only in writing
signed by both parties.
7
(e) Paragraph headings are for convenience only and shall not be considered in
any controversy involving the meaning and intent of this Agreement.
(0 Any notice permitted or required by this Lease Agreement may be given by
personal service of a written notice upon the party to whom the notice is given or by
mailing the written notice by certified mail, postage prepaid, to the other party.
Notice to the Lessor shall be delivered or mailed to:
Airport Manager
Greeley-Weld County Airport
P.O. Box 727
Greeley, Co 80632
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
executed as of the day and year first above written.
LESSOR:
GREELEY-WELD COUNTY AIRPORT
AUTHORITY '� l� 11 ATTEST:
By: �CI�t)d1 ��llL By
Debbie Pilch,Chair Ernie Crownover, Secretary/Treasurer
$��S�`�G��P17..A/qp�"%
Sar �a
_5i SEAL )I)
8
LESSEE:
OF GREELEY
it
0, 009P0
G `�
�
�,te
THE CITY OF GREELEY, COLORADO
* y O''a
g , SE 1 ;I � ete, tilt
,, ialtA. t, • t. Mayor
'414 % '' . ` % 0 AS TO SUBSTANCE: APPROVED AS TO FORM:
By: \ d/ By: C .---
rty anager City A m
AVAILABILITY OF FUNDS:
By: -c-Va-j-v-ick' Ai
Director of Finan
S:\3-0fficc Maruga MISC FILESWmngrangc.Ise,wpd
•
EXHIBIT A
LEGAL DESCRIPTION
A tract of land located in the Northwest Quarter of Section 2,Township 5 North,Range 65 West of
the Sixth Principal Meridian, Weld County, Colorado. Said tract of land lies North of the North
bank of the Ogilvey Ditch,East of the centerline of Sand Creek, South of the South Right-of-Way
line of Colorado State Highway 263 and West of a line 25 feet East of an existing barbed wire fence
along the East side of the present(May, 1995) ordnance range(said fence is approximately 2,340
feet East of the East line of said Section 2). Said tract of land contains approximately 9 acres.
[Legal description prepared by the City Attorney's Office, City of Greeley, Colorado]
10
n)
\.
1Z 44 g
3 IS 4'4
0 4s d C� b0
E
W
0 . AS h. \ N
a isi
1 a \ 0 X
[ � \ W
a �
` 3 tt L()1111
(4_
N U jr! a
4s4511 Stills& ._,.igillg v -"cn ...>-„ ,, ,,, (4-4 , L
> j9Vi > Y hT ��, •sl
>>1
,, �r,> w I}
O
O
>� '� �
•d\t 7 ' ,/ > - 1/
y
3 ti .-,7f - ,,,'I I
t.
/
' • ••>"
' ; JiPiN __ j
II!'.
`
ko
3 X"
fix/
g ' Ill
L/
t y `` I
U a
` i rd
1 N
I
EXHIBIT B
EXISTING IMPROVEMENTS
1. Steel framed and exterior Classroom/Training Building with septic system-Dimensions
approximately 30'x75'.
2. Steel framed and exterior garage/storage building -Dimensions approximately 25'x36'.
3. Receiving Berm/Ammunition catch system including concrete apron.
4. 35'Light Pole Standards-4 each.
5. Conex Bunker.
6. Shooting Deck-Including concrete sidewalks.
7. Miscellaneous concrete sidewalks,retaining walls, earthen berms and electrical.
11
Hello