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Home My WebLink About750395 RESOLUTION WHEREAS, the Weld County Municipal Airport Board, heretofore and on November 10, 1971, acting as agent for the City of Greeley, Colo- rado, and Weld County, Colorado, did enter into a lease agreement whereby it leased to the Governor of the State of Colorado, for the use and benefits of the Colorado National Guard, certain property located at the Weld County Municipal Airport, said property and premises de- scribed in Exhibit A which is attached hereto and incorporated herein, and WHEREAS, the Governor of the State of Colorado, for the use and benefits of the Colorado National Guard, has now submitted a supplemental agreement whereby the State of Colorado, as Lessee, desires to delete 1. 62 acres, more or less, from paragraph one (1) of the original lease, said property and premises being more particularly described as shown in Exhibit A, which is attached hereto and incorporated herein, and WHEREAS, the City of Greeley, Colorado, has approved said SUPPLEMENTAL AGREEMENT for its respective interests, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interests of Weld County to join with the City of Greeley in the approval of said SUPPLEMENTAL AGREE- MENT in accordance with the terms therein providing for the deletion of the 1. 62 acre, more or less, from paragraph one (1) of the original lease hereinabove referred to. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said SUPPLEMENTAL AGREEMENT submitted by the Governor of the State of Colorado for the use and benefits of the Colorado National Guard, a copy of which is attached hereto and made a part hereof by reference, be, and it hereby is approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4, , ATTEST,. .% ',XLZ/6 Weld County Clerk and Recorder '�- � '/�� -- 7 :sue! • � 'r'«' and Clerk to the Board BY G ,"ZC( � puty County erk APPROVED AS TO FORM: County Attorney n 750395 LEASE AGREEMENT THIS AGREEMENT, made and entered into this 28th day of February , A. D. , 1975, by and between the City of Greeley, Colorado, a Municipal Corporation, and Weld County, a political subdi- vision of the State of Colorado, acting by and through their agents, the Weld County Municipal Airport Board, whose interest in the property hereinafter described is that of owner, for itself, its successors and assigns hereinafter called the LESSOR, and the LESSEE, the UNITED STATES OF AMERICA, hereinafter called the Government. WITNESSETH: The parties heretofor the considerations hereafter mentioned covenant and agree as follows: 1. The Lessor hereby leases to the Government the property and premises described in Exhibit "A" which is attached hereto and incorporated herein. 2. To Have and to Hold said premises with their appurtenances for the terms beginning November, 1971, to October 31, 2021, unless and un- til the Government shall give notice of termination in accordance with the provisions of paragraph 12 herein. 3. Said demised premises as defined in Exhibit "A" shall be used primarily for the Military Training Center and/or a Military Depot. 4. The Government shall pay the Lessor One Dollar annual rental payable at the end of each fiscal year, such payment to be made by the Fi- nance and Accounting Office, U. S. Army Engineer District, Omaha, Nebraska. 5. The Government shall not assign this lease, however, the Govern- ment may sublet the demised premises to any party, entity or other govern- mental unit, as it may deem advisable with the written consent of the Lessor, however, in all events the Government shall remain responsible for the cov- enants contained in this lease. 6. The Lessor shall furnish to the Government as part of the rental considering the following: Use of the areas, installation and facilities de- scribed in paragraph 2 hereof, with full rights of ingress and egress thereto, it being understood and agreed that a separate airport use agreement in writing shall be entered into by and between the Lessor and the Government; which airport use agreement, or renewals or modification thereof, shall at all times be and continue in existence during the entire term of this lease, except that for the duration of any period or periods that the aircraft of the United States Air Force or of the Air National Guard of the State of Colo- rado be not based, stationed upon, or operating from said Municipal Airport this requirement for an airport use agreement may be reduced or suspended; and such separate airport use agreement shall provide for payment by the Government of its proportionate share of the costs of the services, utilities, maintenance costs of the installations and facilities hereunder used jointly by the parties hereto, except that at its option the Government may provide for payment of its proportionate share of said services and maintenance in an airport use agreement between the Government and State of Colorado wherein the State of Colorado will by contract or by such other written agreement as is acceptable to the City of Greeley and the County of Weld agree to pay the Government's said proportionate share to the City of Greeley, Colorado, and to the County of Weld, State of Colorado, 7. The Government shall have the right during the existence of this lease, to make alterations, attach fixtures, erect additions, structures or signs, in or upon the demised premises which fixtures, additions, structures or improvements so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or other- wise disposed of by the Government. Any alterations, improvements or additions made by the Government that interfere with the operation, main- tenance or development of the airport by the Lessor, as may be determined -2- by the administrator, Federal Aviation Agency, in the reasonably exercise of its discretion, shall be removed by the Government at Government expense; but the Government shall not be otherwise obligated to restore the premises on which alterations, improvements or additions may be or may have been made. The Government may modify, alter, raze or re- move such alterations, additions or improvements as it may have placed upon the demised premises. At the expiration of this lease, the Govern- ment shall surrender possession of the premises, and, if required by the Lessor, shall within 30 days thereafter, return the premises in as good a condition as that which existed at the time of entering upon the same under this lease, except for reasonably and ordinary wear and tear and damages by the elements or by circumstances over which the Government has no control, In lieu of performance of any obligation hereunder to remove any fixtures, additions, structures, or signs or otherwise restore the premises the Government shall have the right to make a cash settle- ment by supplemental agreement with the owner. Upon termination of this lease, the Government shall furnish to the Lessor copies of all record drawings of facilities and improvements constructed by the Government on the premises during the term of this lease, which have not been or are not to be removed by the Government. 8. The Lessor warrants that the mechanical equipment, if any, and the utilities will be in a good and serviceable and operating condition at the inception of this lease. The Lessor further warrants that they have good and indefeasible title to the demised premises and that neither the Lessor or its successors or assigns will interfere with the enjoyment of the Govern- ment of its leasehold estate herein. 9. The Government shall maintain all structures and improvements in which the Government has exclusive use, in good repair and tenantable condition during the continuance of this lease; however, the Government shall have the right to make alterations, additions, improvements, or to -3- raze and replace said buildings as long as the Government returns to the Lessor, at the termination of this lease, improvements or structures which are equal to or greater in value or utility as to those delivered by the Lessor to the Government herein, allowing for reasonable wear and tear and depreciation. 10. If the said premises be destroyed by fire or other casualty, this lease may be terminated at the option of the Government. In the case of partial destruction or damage so as to render the premises untenantable as determined by the Government, the Government may terminate this lease by giving written notice to the Lessor within 15 days thereafter; and if so terminated; no rent shall accrue to the Lessor after such partial destruction or damage. 11. The Government may terminate this lease at any time by giving 30 days' notice in writing to the Lessor and no rental shall accrue after the effective date of such termination. 12. 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 herein conveyed together with the right to cause in said air space such noise as may be in- herent in the operation of aircraft, now known or hereafter used for naviga- tion of or flight in the air, using said air space of landing at, taking off from, or operating on the Weld County Municipal Airport. 13. The Lessee hereby covenants for itself, successors and assigns that it will not erect or 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 N 18 as amended or any other applicable Federal Aviation Agency Standard. 14. The Lessee hereby covenants for itself, successors and assigns that it will not make use of said property in any manner which might interfere -4- with the landing and taking off of aircraft from said Weld County Municipal Airport or otherwise constitute an airport hazard. 15. Any notice given under the terms of this lease shall be in writing and signed by duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor, the Weld County Municipal Airport Board, agent for the City of Greeley, Colorado, and for Weld County, State of Colorado, and if given by the Lessor shall be addressed to District Engineer, U. S. Army Engineer District, 215 North 17th Street, Omaha, Nebraska 68102. 16. The Lessor (Licensor) shall not be responsible or liable for injuries to persons or damage to property when such injuries or damage are caused by or result from the Government's use of the premises under the terms of this agreement and are not due to the negligence of the Lessor. 17. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide commercial or selling agencies maintained by the Lessors for the purpose of securing business. For a breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage or contingent fee, or, to recover, in an appropriate action, the amount of same from the Lessor. 18. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this lease or to any benefit that arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. 19. (a) The Government may, by written notice to the Lessor, terminate the rights of Lessor to proceed under this lease if it is found, -5- after notice and hearing, by the Secretary of the Air Force or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor or any agent or representative of the Lessor to any officer or employee of the Govern- ment with a view toward securing a lease or securing favorable treatment with respect toward the awarding or amending, or the making of any determination with respect toward the awarding or amending, or the making of any determination with respect to the performing of such lease; provided, that the existence of facts upon which the Secretary of the Air Force or his duly authorized representative makes such findings shall be an issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in (a) hereof, (1) the Government shall be entitled to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (2) as a penalty in addition to any of the damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or his duly authorized re- presentative) which shall not be less than three or more than ten times the cost incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any of the rights or remedies provided by law or under this lease. 20. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41CFR, Ch60) ). During the performance of the contract (Lease), the Contractor (Lessor) agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants -6- are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspic- uous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer, setting forth the provisions of this Equal Opportunity Clause. (b) The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without re- gard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representa- tive or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractors commitments under this Equal Opportunity Clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and the rules, regulations and rele- vant orders of the Secretary of Labor. (e) The Contraftor will furnish all information and reports re- quired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit actress to his books, records, and accounts by the contracting agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the Equal Opportunity Clause of this contract or with any of the said rules, regulations, -7- . or orders, this contract may be cancelled, terminated, or suspended, in whole or in part, and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Execu- tive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, (g) The Contractor will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 21. (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, rest rooms, and any other facility of a public nature in the building in which the space covered by this lease is lo- cated. (b) The Lessor agrees that it will not discriminate by segre- gation or otherwise against any person or persons because of race, color, religion, sex, or national origin, in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all ser- vices, privileges, accomodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any -8- facility customarily furnished by the Lessor solely to tenants, its employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including not not limited to the cost of moving to such space substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual expenses thereof as incurred. (d) It is further agreed that from and after the date hereof, the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or con- cession pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrange- ment until the expiration of the existing agreement or arrangement and the unilaterial right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. In Witness Whereof, the parties hereto have hereunto subscribed -9- their names as of the date first above written. CITY OF GR EELEY, COLORA DO A Municipal Corporation ATTEST: By City Clerk Mayor APPROVED AS TO FORM: City Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Glenn K. Billings, Chairman ATTEST: Weld County Clerk and Recorder Roy Moser and Clerk to the Board By Deputy County Clerk Victor L. Jacobucci APPROVED AS TO FQ _ ``'�/ ►. • I County Attorney WELD COUNTY MUNICIPAL AIRPORT BOARD, Agent, Lessor By President ATTEST: Secretary UNITED STATES OF AMERICA, Lessee By -10- • EXHIBIT Ai A tract of land located in the Southwest Quarter (SW-;) of Section Two (2), Township Five (5) North, Range Sixty—five (65) West of the Sixth Principal Meridian, Weld County, Colorado, beginning 4838.41 feet South 1°27' West andg g at a point 499.24 feet South 88°27 Northwest corner of Section East (2); East from Two thence South 88°27' East 469.09 feet; thence South 1°27' West 150 feet; thence North 88°27' West 469.09 feet; thence North 1°27' East to point of beginning containing 1.62 acres more or less. bky ii=:: F ion �yn. F ; r.:. paws I ~ t `': .r yy., �w�1C' .:5 4>7\+. :: .+-'.'tom ;; Cr. + .... 11�'t +:S�,� , Y�.�4 :.y `"'.!' ifar+'e+`.: - '2 ) y ) SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into this 13th day of February, 1975, by and between the City of Gree_ey and the County of Weld, acting by and through its agent, Weld County Municipal Airport Board, hereinafter called the Lessor, and the Governor of Colorado, for the use and benefits of the Colorado National Guard, the Lessee, herein- after referred to as the State, WITNESSETH: WHEREAS, on the 10th day of November 1971, the parties entered into a lease providing for the use of certain property located at Weld County Municipal Airport, Greeley, Weld County, Colorado, for a period of fifty (50) years to 1 November 2021, all of the property and provisions for its use being described in said lease; and WHEREAS, the Lessee desires to delete 1.62 acres, more or less, from paragraph 1 of the said lease; and WHEREAS, the Lessor is agreeable to the return of said 1.62 acres, more or less, and the deletion of said 1.62 acres, more or less, from paragraph 1 of said lease; and, WHEREAS, it is in the best interests of the parties to amend the lease in order that said deleted area may be leased directly to the United States of America by the Lessor. NOW, THEREFORE, in consideration of the premises, aforesaid lease is effective this 13th day of February, 1975, amended in the following particulars, but in no others: Paragraph 1 is amended to except from the legal description of the tract presently owned by the City and County the following described tract of land: A tract of land located in the Southwest Quarter (SW1 ) of Section Two (2) , Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, Weld County, Colorado, beginning at a point 4838.41 feet South 1°27 ` West and 499.24 feet South 88°27' East from the Northwest corner of Section Two (2) ; thence South 88°27' East 469.09 feet; thence South 1°27' West 150. 00 feet; thence North 88°27' West 469.09 feet; thence North 1°27' East to the point of beginning, contain- ing 1.62 acres, more or less. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the day and year first above written. Re: Supplemental Agreement, Colorado Military Training Center, dated 13 February 1975 • CITY OF GREELEY, COLORADO, WELD COUNTY MUNICIPAL AIRPORT BOARD, LESSOR LESSOR BY:t.-- e � BY:„A<,'7,11 C -e-7. May President ATTEST: C1y Clerk�l / Secretar f / / ity Attorne STATE OF COLORADO RICHARD D. LAMM, GOVERNOR WILLIAM D. WELLER EXECUTIVE DIRECTOR DEPARTMENT OF MILITARY AFFAIRS APPROVED: J. D. MacFARLANE ATTORNEY GENERAL DAN S. �yWHITTEMORE Assistant Attrney General StXte Controller BOARD OF COUNTY COMMISSIONERS _ �//° WELD COUNTY, COLORADO • ATTESTti! o, l-_1 /J� L Weld County Clerk and Recorder ,/'�J t ( -tell-- /1 ;/7_-C ettv-� and Clerk to the Board Glenn K. Billings, Chairman \ BY j Fes, :,,-r C Lcilt Cl, ( )(¢.,_., � ('Deputy County Clerk � oY ser i /- (- ,z- APPROVE AS TO-F0R1L€ I � !, `5 t/ i`tlen7e, Victor Jaco�ucci ,' . •'Coun'ty A tt rney -2- • • 400 EXHIBIT A A tract of land located in the Southwest Quarter (Su ) of Section Two (2), Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, Weld County, Colorado, beginning at a point ;"';'`a' 4838.41 feet South 1°27' West and 499.24 feet South 88°27' East from Northwest corner of Section Two (2); thence South 88°27' East 469.09 feet; thence South 1°27' West 150 feet; thence North 88°27' West 469.09 feet; thence North 1°27, East to point of beginning containing 1.62 acres more or less. r jT' a I pima , �{�+Y +'' =u.7�.��4 n t ;t`ti r+.ti - ; O4 ^' ;-S. t .%- ^^:i:��^�ilw rr t—e t:Te.5.3. } 'r�i-'"i }.. .^ r. A,Z.... •.. :. , . ♦ .-»_ ..;:... ,t r r 3 y. L'^y..0^��4 1�.a+k`J'I'.. , Hello