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HomeMy WebLinkAbout8288RESOLUTION NO. 8288 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF HANGAR GROUND LEASES AT PUEBLO MEMORIAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The City of Pueblo does hereby consent to the assignment of the following leases: (a) Assignment of the Hangar Lease dated March 24, 1997 between Pueblo, a municipal corporation as Lessor and K & N Partners, a co- partnership, as Lessee for Lot 4 in the General Aviation Hangar Development Area of Pueblo Memorial Airport, by said K & N Partners to Paul R. Nunn. (b) Assignment of the Hangar Lease dated March 24, 1997 between Pueblo, a municipal corporation as Lessor and K & N Partners, a co- partnership as Lessee for Lot 3 in the General Aviation Hangar Development Area of Pueblo Memorial Airport by said K & N Partners to Frank T. Krutzke. Introduced December 8, 1997 By Al Gurule Councilperson ATTEST: �'— f4'�n� "�" City Cler APPROVED: 6W--W—� 4-� - President of 4y Co ncil ASSIGNMENT OF LEASE Whereas K & N Partners, a Co- Partnership, by way of that certain lease between said K & N Partners, a Co- Partnership and the City of Pueblo, a Municipal Corporation, Dated March 24, 1997, and evidenced by Resolution No. 8079, of the City Council of the City of Pueblo, holds a leasehold interest in that certain parcel of ground referred to as Lot 4 in the General Aviation Hangar Development Area of Pueblo Memorial Airport, Pueblo, Colorado, more particularly described as follows: A tract of land located in Section 25 of Township 20 S, Range 64 W of the Sixth Principal Meridian, more specifically described as follows: Beginning at the northwest corner of Section 25, thence S 75 °49'09" E, 1666.99 feet to the centerline at the west end of Runway 8L/26R, more specifically known as Station 0 +00: Thence N 88'16'36" E, 2957.00 feet along the Runway centerline to a point; Thence S 1 E, 1730.00 feet, to a point 1730.00 feet right of Runway 8L/26R Station 29 +57.00, to the True Point of Beginning; Thence N 88° 16'36" E, 62.00 feet; Thence S 1 °43'24" E, 102.50 feet; Thence S 88'16'36" W, 62.00 feet; Thence N 1'43'24" W, 102.50 feet, to the True Point of Beginning. Said lease parcel contains 6,355.00 square feet (0.1459 acres) more or less. Now Therefore: For One dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, K & N Partners, a Co- Partnership, for themselves, their agents, successors and assigns, does hereby assign unto Paul R. Nunn all right title and interest in and to that above lease between the City of Pueblo, a Municipal Corporation and said K & N Partners, a Co- Partnership, together with all right title and interest in and to the hangar structure located thereon. Further : This assignment is subject to all the terms, conditions, obligations, and restrictions contained within the above said lease, and by executing their signature below, said assignee agrees, for themselves, their heirs, executors, and assigns to be bound by the same as if they themselves had been the original lessee. This assignment is executed this � day of �`�Z , 1997. K & N Partners, a Co- Partnership, by: Frank T. Krutzke, Partner 04 Paul R. Nunn, Assignee Paul R. Nunn, Partner ___� NW I T 1997 State of Colorado } } ss. County of Pueblo } The foregoing instrument was acknowledged before me this 17th day of Nov e m ber 1997, by Frank T. Krutzke and Paul R. Nunn as Partners of K & N Partners, a Co- Partnership, and Paul R. Nunn, as Assignee. My Commission expires July 19, ,j� 2 Witness my hand and official seal. IRENE M. PEREZ Notary Public Notary address 145 GLENN PLACE, PUEBLO, CO 81001 ASSIGNMENT OF LEASE Whereas: K & N Partners, a Co- Partnership, by way of that certain lease between said K & N Partners, a Co- Partnership and the City of Pueblo, a Municipal Corporation, Dated March 24, 1997, and evidenced by Resolution No. 8080, of the City Council of the City of Pueblo, holds a leasehold interest in that certain parcel of ground referred to as Lot 3 in the General Aviation Hangar Development Area of Pueblo Memorial Airport, Pueblo, Colorado, more particularly described as follows: A tract of land located in Section 25 of Township 20 S, Range 64 W of the Sixth Principal Meridian, more specifically described as follows: Beginning at the northwest corner of Section 25, thence S 75 °49'09" E, 1666.99 feet to the centerline at the west end of Runway 8L/26R, more specifically known as Station 0 +00: Thence N 88'16'36" E, 2895.00 feet along the Runway centerline to a point; Thence S 1'43'24" E, 1730.00 feet, to a point 1730.00 feet right of Runway 8L /26R Station 28 +95.00, to the True Point of Beginning; Thence N 88° 16'36" E, 62.00 feet; Thence S 1'43'24" E, 102.50 feet; Thence S 88'16'36" W, 62.00 feet; Thence N 1'43'24" W, 102.50 feet, to the True Point of Beginning. Said lease parcel contains 6,355.00 square feet (0.1459 acres) more or less. Now Therefore: For One dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, K & N Partners, a Co- Partnership, for themselves, their agents, successors and assigns, does hereby assign unto Frank T. Krutzke and Carol B. Krutzke, as Joint Tenants, all right title and interest in and to that above lease between the City of Pueblo, a Municipal Corporation and said K & N Partners, a Co- Partnership, together with all right title and interest in and to the hangar structure located thereon. Further: This assignment is subject to all the terms, conditions, obligations, and restrictions contained within the above said lease, and by executing their signature below, said assignees agrees, for themselves, their heirs, executors, and assigns to be bound by the same as if they themselves had been the original lessee. --, 7 This assignment is executed this day of f /�)?J , 1997. K & N Partners, a Co- Partnership, by: Frank T. Krutzke, Pa her Paul R. Nunn, Partner rank T. Krutzke, ssignee Carol B. Krutzke, Assignee 0 - -- State of Colorado } } ss. County of Pueblo } The foregoing instrument was acknowledged before me this 1 day of November 1997, by Frank T. Krutzke and Paul R. Nunn as Partners of K & N Partners, a Co- Partnership, and Frank T. Krutzke and Carol B. Krutzke as, Assignees. My Commission expires July 19, xW 2000 Witness my hand and official seal. IRENE M. PEREZ Notary Public Notary address: 145 GLENN PLACE, PUEBLO, CO 81001 AMENDMENT TO LEASE This Amendment is entered into as of the oN ay of f-40 -cln , 2017 ("Effective Date"), by and between the City of Pueblo, Colorado, a Municipal Corporation ("Lessor"), and Frank T. Krutzke and Carol B. Krutzke as joint-tenants (together the "Lessee"). WHEREAS, Lessor entered into a certain lease with K & N Partners, a Co-partnership, dated March 24, 1997 ("Lease") and evidenced by Resolution No. 8080; and WHEREAS, the Lease was assigned from K & N Partners, a Co-partnership, to Lessee on November 17, 1997 ("Assignment"), evidenced by Resolution No. 8288; and WHEREAS, Lessee failed to extend the term of the Lease for two consecutive ten(10)year periods per Section 2(B) of the Lease, and is currently in a month-to-month tenancy under Section 14 of the Lease; and WHEREAS, in consideration for the terms of this amendment, Lessor waives Lessee's failed extension and allows Lessee to extend the term per Lease Section 2(B); NOW THEREFORE, in consideration of the foregoing recitals, and the promises and conditions set forth below, the parties agree to amend the Lease as follows: 1. Lessor hereby extends the Lease for two consecutive terms of ten (10) years each as if Lessee had met the time limits contained within Section 2(B) of the Lease. 2. A new Section 3(C) of the lease is hereby added to read: Lessee shall pay rent to the Lessor for the ground lease herein granted a sum per month equal to one-twelfth (1/12) of the renewed annual rent beginning on the first date of the renewed term, payable in advance without notice, offset or deduction, and shall be due quarterly on the first day of each quarter at the Director of Aviation's Office. The renewal date of this lease shall be March 26, 2017, the day following the initial term. The renewed annual rent is $1,016.80 calculated by multiplying the gross leased land area by $0.16 per square foot. The amount of rent the Lessee pays will be adjusted based upon the consumer price index for all urban consumers, CPI-U (all items 1982-1984=100). The renewed rent shall be adjusted on the 5th, 10th, 15tH and 20th anniversaries of the renewal date. The rent will be increased by a percentage equal to the percentage increase in the CPI-U for the preceding five-year period over the comparable CPI-U for the first month of said five-year period. The renewed rent shall also be adjusted each year past the 20th anniversary, where any month-to-month tenancy is held pursuant to Section 14 of this Lease. The rent will be increased by a percentage equal to the percentage increase in the CPI-U for the preceding year over the comparable CPI-U for the first month of said year.Any rent overdue for more than thirty (30) days will have an additional fee added to cover extra administrative costs. The additional fee will equal ten percent (10%) of the gross amount of all overdue rents. In the event the Lessor initiates any proceedings to collect any unpaid rent from Lessee or to enforce any other provision of this Lease, Lessee shall pay all of the Lessor's expenses in connection therewith, including reasonable attorney's fees. 3. The parties hereto further agree that nothing contained within this Amendment alters or modifies any other paragraphs or provisions of the Lease. IN WITNESS WHEREOF the parties have executed this amendment as of the Effective Date. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION BYtti2-rlda VC/t/ e_- By . ' 11.-- City Clerk City Manager Printed Name Sam Azad FRANK T. KRUTZKE AND CAROL B. KRUTZKE AS JOINT-TENANTS By Printed Name 7%cz.K/c -77/%744.17 I.e_ Title (d.,CLA-d-e4 BY Printed Name E Title ASSIGNMENT OF LEASE THIS ASSIGNMENT is entered into as of this 1st day of July, 2020 ("Effective Date"), by and between the City of Pueblo,a Municipal Corporation,through the Pueblo Memorial Airport,31201 Bryan Circle, Pueblo, Colorado 81001 ("Lessor"), and Frank T. Krutzke and Carol B. Krutzke as joint-tenants, 1 Chism Trail, Pueblo, Colorado 81008 (together "Krutzke"), and Southwestern Aviation, LLC, Ill Broadway Avenue,Apartment 23, Pueblo, Colorado 81004 ("Southwestern"). WHEREAS, Lessor entered into a certain Hangar Ground Lease with K & N Partners, a Co- partnership, dated March 24, 1997("Lease") and evidenced by Resolution No. 8080; and WHEREAS, the Lease was assigned from K & N Partners, a Co-partnership, to Krutzke on November 17, 1997 ("Assignment No. 1"), evidenced by Resolution No. 8288; and WHEREAS, Lessor and Krutzke amended the Lease on March 29, 2017 ("Amendment"), extending the term of the Lease and amending the rent; and WHEREAS, Krutzke wishes to assign the Lease as amended to Southwestern, and Southwestern wishes to assume said Lease as amended; and WHEREAS, Lessor consents to said assignment and Southwestern's assumption of the Lease as amended. NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions and mutual promises set forth in this agreement, the parties agree as follows: 1. Assignment. Krutzke hereby transfers, sells, and assigns to Southwestern, Krutzke's right, title, and interest in and to the amended Lease. 2. Assumption. Southwestern accepts the assignment of the Lease and hereby assumes and agrees to observe, perform, and otherwise discharge when due all obligations of the amended Lease, a copy of which,marked as Exhibit A,is attached hereto and incorporated herein by reference. This shall include, but is not limited to, the making of all payments and the performance of all covenants and duties. 3. Consent. Lessor hereby consents to the foregoing assignment and assumption of the Lease,and Lessor agrees to afford Southwestern the same rights under the Lease as previously enjoyed by Krutzke. No further assignment of the Lease, or any part thereof, shall be made without the prior written consent of Lessor. Any assignment or transfer without Lessor's prior written consent shall be void. 4. Effective Date. This Agreement shall become effective on the date set forth above. IN WITNESS WHEREOF, the parties have executed this assignment as of the Effective Date. SOUTHWESTERN AVIATION, LLC CITY OF PUEBLO, A MUNICIPAL CORPORATION 2K4•4QAVAeftkOhdel By: Patrick Henrikson By: Nicholas A. Gradisar Title: Title: Mayor KRUTZKE 9-,t,e,- 7— 41/14,0A- ATTEST:4 ),(1 \t By: Frank T. Krutzke City Clerk i 1 rk By: Carol B. Krutzke • Exhibit A N p _/,s zor h w .40 .,'3,, e 4,i kl dd ...„c3a% 'LC�p 1, ' ~O b Or"a dO m �T ( ¢ d OJT N K `r. 9 .5.ZO1 • � t r , Y -.6\.,oo .i`,1i,j.'+b �. 1 C tb f G. Is of Y Y I4., S Yr 8 ,S'ZO I 1 C}pf�- Z- Z ..g'' 7J �b��n ��'t- F-b �''ea ...NIP- .0„ e 1 s 1 . N ,S.Z0/ • .,gam's is Z .y.,b '6Q'�1 1 3;fir ..... ?''' ,, 5.7+ too qtr S'Zr S'Zr21 ,s Zr v �,1 0 LU •.},' k a-a �� F- } �ra� I szsz .SC,SC ,os - ,os '.r S'zo� a .09 • 0 ft 0 1 N : ' J/OyOTO dO OOP* I. IIP . d� \ /ADM IXD1 r}' , h ssaDDy xDt`` JDf)UD/-/ 1 a� s a I OZt `• \ // •P \ to� f / 'eo' n '4•b` `e n(0 11b at, I ti I a 1 11 $ r 4,`8� ,..! k) 01 m mNi 1 I o 1 I H S \"11 ,0,.i .R a;; ; I • 11 :q.. I 1 , 11 ti Pueblo Memorial Airport Termination of Hangar Lease Agreement This Termination("Termination")is entered into this 14th day of December,2021 ("Effective Date"),between the City of Pueblo,a Municipal Corporation("Lessor"),and Patrick Henrikson,N 156, LLC,453 East Hopkins Avenue,Aspen,CO 81611 ("Lessee"). WHEREAS, Lessor owns and operates the Pueblo Memorial Airport ("Airport") and leases various on-site hangars to interested parties; and WHEREAS, Lessor and Lessee entered into the Pueblo Memorial Airport Hangar Lease Agreement dated October 18,2016("Lease"); and WHEREAS, Lessee no longer has a use for the leased premises, and both Lessor and Lessee desire a mutual termination of the Lease. NOW, THEREFORE,in consideration of the foregoing and mutual promises, covenants, and conditions contained herein, Lessor and Lessee hereby agree to immediately terminate the Lease as follows: I. Lessor and Lessee mutually agree that as of the Effective Date, the Lease shall be terminated in full and of no further force or effect.Said termination shall be without default to either party. Lessor will retake full and exclusive control of the leased premises on the Effective Date,and Lessee will have removed its aircraft and all other property from the leases premises by said date. IN WITNESS WHEREOF,the parties have executed this Amendment as of the Effective Date. LESSEE: LESSOR: Patrick Henrikson City of Pueblo,A Municipal Corporation y 7 • By: . `F`` By: "��"'e7 icholas A. Gra Isar, Mayor ATTEST: By: ' • Cit k