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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 J�sp. +tt0283 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 — i APPROVED AS TO FORM: City Attorne