HomeMy WebLinkAbout10283RESOLUTION NO. 10283
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE PUEBLO MEMORIAL AIRPORT
OPERATING AGREEMENT AND LAND LEASE BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND FRED B. PHILLIPS RELATING TO A FIXED BASE
OPERATION AT PUEBLO MEMORIAL AIRPORT TO SILVER STATE HELICOPTERS L.L.C.
WHEREAS, Fred B. Phillips entered into an Operating Agreement and Land Lease with the
City of Pueblo relating to a fixed base operation at Pueblo Memorial Airport on October 14, 1986;
and
WHEREAS, Fred B. Phillips desires to assign the Operating Agreement and Land Lease to
Silver State Helicopters L.L.C.; and
WHEREAS, any such assignment of the Operating Agreement and Land Lease requires
the consent of the City of Pueblo; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
The City of Pueblo does hereby consent to the assignment of the October 14, 1986 Pueblo
Memorial Airport Operating Agreement and Land Lease ( "Lease ") by Fred B. Phillips to Silver State
Helicopters L.L.C. as described in, and contemplated by the Assignment, a copy of which is
attached hereto, subject to and contingent upon Silver State Helicopters L.L.C. assuming and
performing all of the obligations imposed on the Lessee under Lease through the remaining
extended term of the Lease from December 13, 2004 through October 31, 2006.
INTRODUCED December 13, 2004
BY Michael Occhiato
Councilperson
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (P
DATE: December 13, 2004
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE PUEBLO
MEMORIAL AIRPORT OPERATING AGREEMENT AND LAND LEASE
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND FRED
B. PHILLIPS RELATING TO A FIXED BASE OPERATION AT PUEBLO
MEMORIAL AIRPORT TO SILVER STATE HELICOPTERS L.L.C.
ISSUE
Should City Council consent to the assignment of an Operating Agreement and Land
Lease between the City of Pueblo and Fred B. Phillips to Silver State Helicopters L.L.C.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Fred B. Phillips entered into an Operating Agreement and Land Lease with the City on
October 14, 1986. The lease was for a term of 10 years with an option to renew the lease
for an additional term of 10 years. Mr. Phillips did exercise the option for renewal in
1996 and the lease is due to expire on October 31, 2006. Mr. Phillips would like to
assign his lease to Silver State Helicopters L.L.C.
FINANCIAL IMPACT
None.
ASSIGNMENT
THIS ASSIGNMENT is made by FRED B. PHILLIPS, Lessee, to the following
Assignee:
Silver State Helicopters, L.L.C.
Jerry Airola, CEO
500 East Cheyenne Avenue
Las Vegas, Nevada 89030
WHEREAS, the Pueblo Memorial Airport Operating Agreement and Land Lease
( "Lease ") between Lessee and the City of Pueblo, a Municipal Corporation, was made and
executed on the 14'' day of October, 1986 and is currently in force and effect; and
WHEREAS, Lessee is transferring all of his ownership interest in Peak Aviation, Inc. to
Silver State Helicopters, L.L.C.;
NOW THEREFORE, Lessee does hereby assign to Assignee all of his right, title and
interest in the Lease, subject to receiving written approval of said assignment from the City of
Pueblo.
In witness, I have executed this assignment at Pueblo, Colorado, on this day of
/1 1 2004.
F d B. Phillips, Lessee, Assignor
ACCEPTANCE
Assignee accepts such assignment and hereby assumes and agrees to make all payments
and perform all covenants and agreements contained in the Lease on the part of the Lessee
thereunder to be made and performed.
Dated " /. A-3 , 2004 SIL
By
Nat
Tit]
CONSENT
The City of Pueblo hereby consents to the above Assignment of the Lease on the express
condition that no further assignment of the Lease shall be made without further written consent
first had.
Dated this 13thday of December ' 2004
PUEBLO, A MUNICIPAL CORPORATION
By.
Randy T Kof ton
Presiders Ci ty Council
ATTEST:
*i —
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APPROVED AS TO FORM:
City Attorne