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Home My WebLink About10259RESOLUTION NO. 10259 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF HANGAR GOUND LEASE FROM ARCHER AERO, LLC TO ROBERT S. HAMILTON AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council does hereby consent to the Assignment dated November 9, 2004 of a Hangar Ground Lease at Pueblo Memorial Airport from Archer Aero, LLC to Robert S. Hamilton, a copy of which is attached hereto. The President of the City Council is hereby authorized to sign the Consent in the name of the City. SECTION 2_ This Resolution shall become effective upon final passage and approval. INTRODUCED November 8. 2004 M Robert Schilling Councilperson PRESI E I �� #itn59 ED Background Paper for Proposed RESOLUTION AGENDA ITEM # 6,6 DATE: November 8, 2004 DEPARTMENT: Law Department TITLE A RESOLUTION CONSENTING TO THE ASSIGNMENT OF HANGAR GROUND LEASE FROM ARCHER AERO, LLC TO ROBERT S. HAMILTON AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council consent to the assignment of a Hangar Ground Lease from Archer Aero, LLC to Robert S. Hamilton? RECOMMENDATION Consent to the Assignment. BACKGROUND Archer Aero, LLC is the Lessee under a Hangar Ground Lease ( "Lease ") at Pueblo Memorial Airport and desires to assign the Lease to Robert S. Hamilton. Such assignment does not release or discharge Archer Aero from its obligations under the Lease. Archer Aero, LLC is current and not in default under the Lease. FINANCIAL IMPACT None. IW 1593667 m page: 2 of 5 11i1enee4 ss:a" ChrteC.Munan PuwbloCtYCtktRw ASM R 26.N 0 e.ee AS81GN..W,N'l' COMFS NOW Archer Aero, LLC "Assignor" and does hereby convey, transfer and assign to Robert S. Hamilton "Assignee ", all of its interest in and to a certain Hanger Ground Lease recorded Scptember 23, 2003 at Reception No. 1517173 by and between the City of Pueblo as "I. essor" and Archer Aero, LLC ac "Fxascc" concerning certain Real Property described on Exhibit "A" attached hereto and incorporated herein by reference. Assignor acknowledges that the assignment or this Lease does not release or discharge it from any obligations under the Lease. Assignee consents to the Assignment and assumes and agrees to make all payments and I o oerfo:ui all of the obligations under the l.tase on the part of the Lessee to be trade and performed thereunder. 't'his Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective heirs, personal representatives, successors and assigns. DATFI) this 9 day of November 2(1)9. Acceptance is contingent upon tt r ub 4Vf �i of Pueblo signed acceptance dated 11 7810 A It , LC, BY Manager II Robert S. Hamilton, Assignee P.O. Box 38429 Colorado Springs, CO 80937 DOCUM NO EGIBLE FOR R RECORDING iti ( M N N �I M 11111101 1593667 I u per; 1 of S 11/10/269410:34A ChrisC -Mums Pus 1*CtYC1k&ftc ASN R 26.00 0 0.00 ASSIGNMENT COMES NOW Archer Aero, LLC "Assignor" and does hereby convey, transfer and assign to Robert S. Hamilton "Assignee ", all of its interest in and to a certain Hanger Ground Lease recorded September 23, 2003 at Reception No. 1527173 by and between the City of Pueblo as "Lessor" and Archer Aero, LLC as "Lessee" concerning certain Real Property described on Exhibit "A" attached hereto and incorporated herein by reference_ Assignor acknowledges that the assignment of this Lease does not release or discharge it from any obligations under the Lease. Assignee consents to the Assignment and assumes and agrees to make all payments and to perform all of the obligations under the Lease on the part of the Lessee to be trade and performed thereunder. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective heirs, personal representatives, successors and assigns. DATED this 9 M day of November 2004, ARCHER AERO, LLC, Assignor By Manager B Robert S. Hamilton, Assignee P.O. Box 38429 Colorado Springs, CO 80937 w X%PWW1%CUENnramity",ucoen S %MiW%A Co .ex 1 1Ni► a 1593667 I� pa": 3 of S 11/10/2904 14:34A Ch rtsC.Nvnoz Pusb1oCtNC1k09c ASH R 25.09 0 9.09 COLORADO ) UN OF EBLO ,55 �p rument was acknowledged before me on November 9, 2004 by Gary nally appeared before me as Manager qf Archer Aero, I.I.C. S .�o n Expires_ q "02001 r 000*4* RTE Notary Public STATE OF COLORADO ) )ss COUNTY OF PUEBLO ) The foregoing Instrument was acknowledged before me on November 9, 2004 by Robert S. Hamilton. ,t11N My Co mistso ex �_` EN A:••••. C; /1� a 00 Notary Public I al y NOTARY: Ll USLIC CO` I I i 1 r 0 7 a I (I I�IN � I� �IIIII� 593 Pa ge: 667 ChrIeC.Nuwz PweloCtAlkilbo ASN R 28.M 0 0.00 k The City of Pueblo hereby acknowledges that the Lease referenced herein is in full force and effect and there are no existing defaults under the terms thereof. The City of Pueblo waives its Right of First Refusal with respect to this Assignment and transfer as indicated in said Lease and consents to the Assignment of the Lease as set forth herein upon the express condition that no further assignment of said Lease shall be made without further written consent of the City of Pueblo. DATED this $ day of November 2004. CITY OF PUEBLO B 44r2 — Arft City Council i o��SM"mW�m ft 2 1111111111111111111111111 1 Page: 5 of 5 5/2604 7 ChrieC.Murw: PuebloCtAlkMeo ASK It 26.N D e.90 Ekh1it "A" A Leasehold Interest of and unto: A Parcel of land located In Section 25, Township 20 South, Range 64 West of the 6th P.M., located with the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Northwest comer of said Section 25; thence 575 ° 4Y09 0 E, 1666.99 feet to the centerline at the West end of Runway 8L/26R, also known as 0+00; thence N86 0 16 1 36 "E, a distance of 2712.00 feet along the centerline of said Runway 8L/26R to a point; thence S01 "E, a distance of 2422.50 feet to a point 2422.50 feet right of the centerline of said runway 8L/24R at Station 27 + 17, being the true point of beginning; thence N88 0 16'36 "E, a distance of 115.00 feet; thence S01 0 43'24 "E, a distance of 125.00 feet; thence 588 0 16 1 36 "W, a distance of 115.00 feet; thence N01 a distance of 125.00 feet, to the point of beginning. DOCUMENT RECEIVED FOR RECORDING NOT LEGIBLE FOR IMAGING • ASSIGNMENT OF HANGAR GROUND LEASE THIS ASSIGNMENT AGREEMENT ("Agreement") is entered into as of this/*day of At2021 ("Effective Date") by and between the City of Pueblo, a Municipal Corporation, wit an address of One City Hall Place, Pueblo, Colorado 81003 ("Lessor"), and Robert S. Hamilton, with an address of P.O. Box 38429, Colorado Springs, Colorado 80937 ("Assignor"), and Pearson Properties, LLC, a Colorado Limited Liability Company, with an address of 1 146 E. Ranch Drive, Pueblo West, Colorado 81007("Assignee"). WHEREAS, Lessor entered into a certain Hangar Ground Lease dated April 14, 2003 ("Lease") with Archer Aero, LLC ("Archer") evidenced by Resolution No. 9828 for the property commonly known as 351 Skyway Street, Pueblo, Colorado 81001; and WHEREAS, the Lease was assigned from Archer to Assignor through an assignment recorded on November 9, 2004 in Pueblo County at Reception No. 1593667("Assignment No. 1"), which was consented to by Lessor through Resolution No. 10259; and WHEREAS, Lessor and Assignor entered into a certain Hangar Ground Lease Amendment No. 1 dated March 28, 2005 ("Amendment"), amending the legal description of the property subject to the Lease; and WHEREAS, Lessor and Assignor entered into a certain Lease Addendum dated September 12, 2005 ("Addendum"), creating a temporary taxilane for use by Assignor from the south door of the hangar; and WHEREAS, Assignor now wishes to assign the Lease as amended to Assignee, and Assignee wishes to assume said Lease as amended; and WHEREAS, Lessor consents to said assignment and Assignee's assumption of the Lease as amended in accordance with the terms of this Assignment. 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. Assignor hereby transfers, sells, and assigns to Assignee, Assignor's right, title, and interest in and to the amended Lease. 2. Assumption. Assignee accepts the assignment of the amended Lease and hereby assumes and agrees to observe, perform, and otherwise discharge when due all obligations of the amended Lease, a copy of which, including the Assignment No. 1 and Amendment, are attached hereto as Exhibit "A" 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 amended Lease in consideration for the terms of this Agreement, and Lessor agrees to afford Assignee the same rights under the amended Lease as previously enjoyed by Assignor. 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. Use of Hangar. Assignee acknowledges and agrees that the leased premises shall only be used for the storage of aircraft and minor incidental materials. The leased premises shall not be used for the storage of non-aeronautical personal property, living accommodations, or in any other way inconsistent with the Lease. Failure to abide by this provision shall constitute a material breach of the Lease and subject it to immediate termination. 5. Commission. Section 3.C. of the Lease shall be deleted in its entirety and replaced with the following: For services and activities authorized to be performed within the Hangar on the leased premises pursuant to Section 4.1., or for any subletting of all or any portion of the leased premises, Lessee shall pay as additional rent two percent (2%) of the monthly gross revenues derived from all sales, operations, subletting, and services made, furnished, or conducted on or from the leased premises. Such additional rent shall be paid monthly without notice, offset, or deduction on or before the tenth (1 o`!') day of the following month at the Director of Aviation's office and shall be accompanied with such reporting forms as the Director of Aviation shall determine. Lessor shall have the right to examine and audit Lessee's and its subtenants' books and records to determine the accuracy of the additional rent. 6. Termination of Addendum. No action has been taken to construct the temporary taxilane discussed in the Addendum since said document was executed. Due to non- use and lack of action, the Addendum is hereby terminated as of the Effective Date. 6. Effective Date. This Agreement shall become effective on the date set forth above. [Remainder of page intentionally left blank. Signature page to follow.] IN WITNESS WHEREOF, the parties have executed this assignment as of the Effective Date. ROBERT S. HAMILTON CITY OF PUEBLO, A MUNICIPAL CORPORATION ` ,.i Zeiwit.4.01; By: By: Nicholas A. Gradisar Title: Title: Mayor PEARSON PROPERTIES, LLC, ATTEST: A COLORADO LIMITED LIABILITY lerk COMPA tas LL L By: (YlR gr501\ Title: ��44,kerliticn4f.2... IN WITNESS WHEREOF, the parties have executed this assignment as of the Effective Date. ROBERT S. HAMILTON CITY OF PUEBLO, A MUNICIPAL CORPORATION di. 4LALA/:41/61.,.'" .2("441/ . By: . V= Ai iii:,u "T.) By: Nicholas A. Gradisar Title: Title: Mayor PEARSON PROPERTIES,LLC, ATTEST: S- . ' c A COLORADO LIMITED ILITYI� lerk ,4 . ('��,.. / 0a • ...„._ _Z A LL C--- ,. .4,—,r_:—... 3._,.,,II";7-' ..-- t '-+-1-.:-.:Z.;-.."...:. By: I/ r•«r�i�• , `---:, 77 z ,o. Title: µ .arkb�Jll,tgetc a y Notary Acknowledgment State of Colorado )ss County of Pueblo The foregoing instrument was acknowledged before me on this day of August 16,2021 by MICHAEL R RSON AS MEMBER OF PEARSON PROPERTIES LLC,A COLORADO LIMITED LIABILITY COMPANY Notar\ My Commission expires 71 MICHAELA CATALINO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034020106 My Commission Expires August 7,2023 Notary Acknowledgement State of Colorado )ss County of El Paso The foregoing instrument was acknowledged before me on this day of August 27,2021 byyRROBERT.$HAMILTON eeryPublic 'J My Commission expires a 2 -?.�V BRITTANY MUTCHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204030687 My Commission Expires:September 02,2024