HomeMy WebLinkAbout710406.tiff 7 1'
RESOLUTION
WHEREAS, the County of Weld, State of Colorado has been
requested to lease approximately 6.5 acres of land to the State of
Colorado for a Military Training Center and/or a Military Depot, and,
WHEREAS, the County of Weld is willing to lease approximately
6.5 acres of land to the State of Colorado for the above-mentioned pur-
pose , and in accordance with the lease as submitted, and
WHEREAS, the Board believes it to be in the best interest of
Weld County to enter into such a lease on the basis recited therein.
NOW, THEREFORE , BE IT RESOLVED, by the Board of County
Commissioners, 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 be and it hereby is
authorized to execute the lease as submitted and to make the same
effective forthwith.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 10th day of
November, 1971 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
erof Clerk th Bo
BY rf �/ wi ,� ti, Deputy County Clerk
APPROVED AS TO FORM:
County Attorney
CC: Acctg Dept 710406
City of Greeley
Airport Board
S4 '
�('7 ' [1 i '•�7 "' 1979 1NDFz�od� i
'-s •* • recorded v' .'J -Wdocif.. �-
663 Rec. i`io........--.r _ 11 42x4 -Ann spomer, Recordm .
• LEASE AGREEMENT 8- 1 , - .
THIS AGREEMENT made and entered into this 10th day of1ove rho
' 1971, between the CITY OF GREELEY and T"clE COUNTY OF WELD acting by and
through its agent, WELD COUNTY MUNICIPAL AIRPORT BOARD, hereinafter .
b` referred to as Lessor, and the GOVERNOR OF COLORADO, for the use and
.
CD hereinafter re`erre
u..‘ benefit of the COLOR\DO NATIONAL GUARD, The Lessee,
.-t
oI
.-,+ to as the State.
• 'fr11NESSTR: .
0 That for and in consideration of the rental herein agreed to be
paid by Lessee to Lessor and the covenants and agree :tints herein caret
d
by
i--:..2 to be kept and-performed;tslf-Nc-r
1. The Lessor, pursuant to Resolutions legally adopted, doeS here-- -
: t
by lease, demise and .3,et unto the State the following described tract of
& County
land presently owned by city/ to-wit:
The tract in Southwest Quarter (SW1/4) of Section
two (2) , ►�
Townshi five (5) North, Range Sixty--five
(65) West of the 6th Principle Meridian, beginning
at a point 4429.3 feet South 1. 27' West and 30' .
South 88� 27' East from Northwest corner of Section
2: Thence South 49 47' East 96' ; Thence South
•
88' 27' Fast 394.24 feet; Thence North 1. 27' East .
619.09 feet; Thence North ES. 27` West 469.09 feet; .
Thence South 1' 27 ' West 559 .11 feet; to point of
Colorado.
beginning. County of Weld, State of
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r
• v0
. 14.
663 O _ --2- . •
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 fifty (50) i
years from the. 1st day of _ November , A.D. , 1971, to the 1st
day of
hlovenber A.D. 2021, 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 pre-
'
scribed herein shall not
be grounds for termination of this lease.
•
3. The Lessee agrees that said demised premises shall be used
primarily for the Military Training Center and/or a Military Depot. , I
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 a good state of repair and appearance at all •
times, and that the premises shall at all times be kept ill a neat ,
{
•
clean and orderly condition.
abandoned b the
5, In the event the premises are per . a.nentl} y
Lessee before the termination of this Lease, then this Lease may be
terminated by the Lessor immediately by written notice, and upon such
_ 1
termination, the -Lessee shall have the right , at any time within six
L'_onths after termination to remove or otherwise dispose of any and all
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f�i 158T19,1
3
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 Wald 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 Avaiation Agency
•
}
Technical Standard Order N18, as a.mend-ed, or any other'applicable Federal
Aviation Agency Standard.
9. T-t�e Lessee hereby covenants for itself, successors and assigns
that it will not na%e use of said property in any manner which might
f t from said Weld
. interfere withwithtithe1?.riling and taking off of aircraft
County Municipal Airport or otherise constitute an airport hazard.
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66„.1 . .
• 158474
10. Lessee agrees that it will not assign this Lease Agreement
•
without the written consent of the Lessor.
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 hinderance.
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 require--
vents 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 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 airspaces above the surface of the pre--
miser 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
iunicipal Airport.
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c 'r:, (4)fiJ • 1584794 -
16. The Lessee by accepting this lease expressly agrees for itself,
its successors and assigns that it will not make use of the leased
. pr`_mises in any manner which might interfere with the landing and
taking off of aircraft from Weld County Municipal Airport or otherwise
constitute a hazard. In the event the afore said 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. •
. i I
17. This lease and all provisions hereof shall be subject to what-
ever 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 in the time of war or national
emergency. - •
18. The provisions of this Lease Agreement shall be binding upon
and insure to the benefit of the heirs, executors, administrators,
successors and assigns of the respective parties hereto.
- IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals the day and year first above written. -
. . WELD COUNTY MUNICIPAL AIRPORT
. BOARD. i I ssor••
Appro e. by T1 J, ITT.t OF i by: ,A+ _�4�__ _t,\,.+�..-;_ �,______ �_,_
LEY, COI. / /President
=' /1l/.47'cam'''''''''4".."1/1. By:: .-2-_-_-;','/---.--....;=.1--,--:,---. till':�.,���/
BY: � vxz 7Secretary i - -
Mayor -
ATTEST: _ _ THE. BOARD OF COUNTY CO24ISSIONERS
City Clem: 'y ;ty�CO�!'iTY; COI.OR;170 /%,
1 ) /17 ) 7/a '• -.. : e� __.�!_ 7- ''./1�/•t�
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1584794
ooK 663 •
Re•
/Lease Agreement, Greeley, Colo ALilitary Training Center, dated 10 Nov 1971 I
• THE STATE OF COLORADO
Governor of the State of Colorado I
. For the use and benefit of.the •
Colorado National Guard
i
jJoe C:•Moffitt, Major General 1
The Adjutant Gengral`
i
Approved as to Form: APPROVED:
PP .\-/
N
�� Y I
Duk `\T Dunbar John A. Love
G vernor
Attorney Gen �
eral '�9 •
• f
Ve�rbert R. Dunham
State Controller
��
' r •
te?
Louis S. Middlemist
State Purchasing Agent
•
•
• - - - �fi-i,1"
Director of Public Works •
pa. i9J
. I_S84'7D4
_-7
RESOLUTION J
'WHEREAS, the City of Creel^y has been asked to lease approximately
r . 6.5 acres of land to the State of Colorado for a' Nilitary Training
Center and/or a Military Depot, and
WHEREAS, the City of Greeley is willing to lease approxiµatel:
6 . 5 acres of land to the State of Colorado for t^e above nurnose .
•
NOW, THEREFORE , R;: IT RESOLVED Ez THE CITY COUNCIL OF TEE CIT.'
•
OF GREELEY, the Mayor and City Cler : are hereby authorized to enter
into and sign the attached lease with the State of Colorado for a
Military Training Center and/or a Military Depot . .
- PASSED, Alm ADOPTED, SIGNED AND APPPOVED this V.r.6day of
' I
December, 1C'71 .
7( .. /.
Ey - o 'j -y�----/
TT T, s:?yoi
ATTEST:
L L,7., -
City Clerk
Acs rir City .'�a5:age _~__- -- �_
City At`;:c::r.ey •
•
OF,.GRF
tzeit: ,. . ±,r1.2
V V [1
No. Date File
9/1/71
To: Mr. Ben Cruce
From: William L. West , Esq.
Subject: Lease Agreement between Greeley, Weld County, the
Airport Board and the Colorado National Guard
Enclosed please find the Lease Agreement which was brought to
me for approval and I thought probably you should also examin the
Agreement for comments before submitting it to the Council.
I would suggest that in paragraph 8. the sentence should be
extended to provide "or any other applicable Federal Aviation
Agency Standard". paragraphs, 7. and 15. appear to be virtually
identical and much of the language contained in various para-
graphs appears to be repetitious. The Resolution which they have
suggested for the City to adopt says that the leased property is to
be used for parking whereas paragraph 3. of the Lease refers to the
use of the property as a military training center or as a military
depot. I would suggest that the Resolution conform with the Lease.
idintleeiner
WLW:wrw
cc : Colonel Baker
Colorado Air National Guard
138 Geeia Squadron
E. Greeley, CO 80631
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