HomeMy WebLinkAbout690240.tiff'. ' f!' ` O1.. YY T i C N
W.F`HFP F, the County of Weld has been asked to lease approximately
1.615 acres of land to the :'tats of Colorado for the purpose of constructing
and operating a. Military Perking ' res, and
i'.'HHETtEAS, the County of Weld is willing to lease approximately 1.615
acres of land to the `':late of Colorado for the above purpose, and
WHEREAS, the Board believes it to be in the best interest of the County
to enter into such a tease on the basis recited therein.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners, Weld County, Colorado, that said lease with the State of Colorado,
copy of which is attached hereto and made a part hereof by reference, be, and
it hereby is approved.
BE IT FURTHER RESOLVED, that the Board he and it hereby is auth-
orized to execute the lease as submitted and to make the same effective forth-
with.
The above and foregoing Resolution was, on motion duly made and sec-
onded, adopted by the following vote on the 23rd day of April, 1969.
ATTEST:
Board of County Commissioners
Weld County, Colorado
Clerk of th 'Board
Approved as to Form:
I
my Attorney
690240
LEASE AGREEMENT
THIS AGR EsJLMENT made and entered into this Acjg day of
1969. between the CITY OF GREELEY and THE COUNTY OF WELD acting by and
through its agent, WELD COUNTY MUNICIPAL AIRPORT BOARD, hereinafter
referred to as Lessor, and the GOVERNOR OF COLORADO, for the use and benefit
of the COLORADO NATIONAL GUARD, The Lessee. hereinafter referred to as the
State.
W ITNESSETH:
That for and in consideration of the rental herein agreed to be paid by
Lessee to Lessor and the covenants and agreements herein agreed to be kept and
performed,
1. The Lessor, pursuant to Resolutions legally adopted, does hereby lease.
demise and let unto the State the following described tract of land presently owned
by City, to -wit:
The tract in Southwest C,uarter (SW+ ) of Section Two
(2), Township Five (5) North, Range Sixty-five (65)
West of the 6th P.M.. 4429.3 feet South 1. 27' West
and 30 feet South 88. 27' East from Northwest corner
of Section 2, thence south 49. 47' East 96. 00 feet,
thence south 88' 27' East 394. 24 feet. thence North
1. 27' East 469. 09 feet to point of beginning; thence
North 1' 27' East 150. 00 feet, thence North 88. 27'
West 469. 09 feet, thence South 1. 27' West 150. 00
feet, thence South 88' 27' East 469. 09 feet to point of
beginning,
subject to all matters of record, including any and all rights of way, ditches. roads.
easements, conditions. reservations, exceptions and limitations.
2. The term of this lease shall be for a period of five (5) years from the
1st day of April, A. D. 1969, to the 1st day of April. A. D. 1974, at an annual rental
of one dollar ($1. 00), payable on the 1st day of August of each and every year or
by lump sum payment in advance, at the option of the Lessee. (Lease to be renewable
at the option of the Lessor. ) Failure to pay as prescribed herein shall not be
grounds for termination of this lease.
3. The Lessee agrees that said demised premises shall be used to construct
thereon a parking area to be used primarily for the Military Training Center and/
or a Military Depot. Conversion to any other major use shall be only through mutual
written agreement of both Lessee and Lessor.
4. The Lessee hereby expressly agrees that all structures erected thereon
shall be kept in good state of repair and appearance at all times, and that the premises
shall at all times be kept in a neat. clean and orderly condition.
5. in the event the premises are permanently abandoned by the Lessee
before the termination of this Lease, then this Lease may be terminated by the
Lessor Immediately by written notice, and upon such termination, the Lessee shall
have the right, at any time within six months after termination to remove or
otherwise dispose of any and all buildings, fixtures and other improvements so
constructed upon the demised premises. The same right of removal is hereby
granted upon expiration of the Lease. It is understood and agreed, however, that
upon such removal, the premises shall be left in a condition equal to that which
exists at the signing of the Lease Agreement.
6. This Agreement shall not become valid until approved and signed by
each and every City, County and State official required by law to enter into and
sign such agreements.
7. 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 air space above the surface of the premises herein conveyed. together with
the right to cause in said air space 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 air space or landing at, taking off from or operating on the Weld County
Municipal Airport.
8. The Lessee hereby covenants for itself, successors and assigns that
it will not erect nor permit the erection of any structures nor permit the growth
of any trees thereon which would be an airport hazard within the standards
established under the Federal Aviation Agency Technical Standard Order N18, as
amended.
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9. The Lessee hereby covenants for itself, Successors and assigns that
it will not make use of said property in any manner which might interfere with
the landing and taking off of aircraft from said Weld County Municipal Airport or
otherwise constitute an airport hazard.
W. Lessee agrees that it will not assign this Lease Agreement without
the written consent of the i essor.
11. 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.
12. The Lessor reserves the right, but shall not be obliged 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 Lessee in this regard.
13. 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.
14. Lessee agrees to comply with the 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 leased premises, or in the event of any
planned modification or alteration of any present or future building or structure
situated on the leased premises.
15. 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 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 said airspace or landing at, taking off from or operating on Weld County
Municipal Airport.
16. The Lessee by accepting this lease expressly agrees for itself, its
successors and assigns 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 Weld County
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Municipal Airport or otherwise constitute a h;aseard. Tr 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.
17, This lease and all the provisions hereof shall be subject to whatever
right the United States Government now has or in the future may have or acquire.
affecting the control. operation. regulation and taking over of said airport or the
exclusive or non-exclusive use of the airport by the United States during the time
of war or national emergency.
18. The provisions of this I.ease Agreement shall be binding upon an
inure to the benefit of the heirs. executors. administrators. successors and
assigns of the, respective parties hereto.
TN wITNi;SE 'ie HEREOF the parties hereto have hereunto set their hands
and seals the day and year first above written.
I, E I_.D COUNTY IMMUNICIPA I.
AIRPORT BOARD, Lessor
Approved by THE CITY OF
GREE Y, COLORADO
Byr�
L i., f. 721/1
1I!%. o_. Glv v
May
ATTEST:
City clerk
,) r
By:
By:
Pre s i4ent
Approved by THE BOARD OF COUNTY
COM1 SSIONERS. Weld County. Colorado
y Attorney
sooty Attorney
THE STATE OF COLORADO
Governor of the State of Colorado
For the use and benefit of the
Colorado National Guard
By:, '' (7-.-y ....) v
Approved as to form:
Duke U. Dunbar
Attorney General
J0e C. Moffitt, Ma jo G eral
'the Adjutant Gener
A PPROVED:
l
John A. Love
Governor
Claude Terry
State Controller
Louis S. Middlemist
State Purchasing Agent
T. J. Millisack
Director of Public Works
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R1:1:r2 I. IT1ON
1.V HiFtr r S, the City of Greeley has been asked to lease approximately
1. 615 ac.;ree of land to the State of Colorado for the purpose of constructing and
operating a Military Parking ". rea, and,
WHEREAli, the of Greeley is willing to lease approximately 1. 615
acre* of load to the State of Colorado for the above purpose.
NOVoi. THEREFORE. B IT RESOLVED BY THE CITY COUNCIL. OF
THE CITY OF GREELEY. that the Mayor and City Clerk are hereby authorized
to enter tato and sign the attached lease with the State of Colorado for the
purpose of constructing a parking area on the demised premises.
Parsed and adopted this /S day of
ayor
City (Jerk
. A . D. 1969.
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