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HomeMy WebLinkAbout10329RESOLUTION NO. 10329 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HANGAR LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND STEEL CITY AVIATION, LLC, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo, A Municipal Corporation, and Steel City Aviation, LLC, entered into a Hangar Lease Agreement on August 11, 2003, and WHEREAS, both parties wish to amend the provisions of the Lease, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ A certain Amendment No. 1 to Hangar Lease Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Steel City Aviation, LLC, relating to the lease of a hangar at Pueblo Memorial Airport, is hereby approved, subject to the conditions as set forth in said Amendment No. 1. SECTION 2. The President of the City Council is hereby authorized to execute said Amendment No. 1 on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED February 28, 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'Y PR E CITY C IL ATTESTED BY: CITY CLERK &a #/0 327 Background Paper for Proposed RESOLUTION AGENDA ITEM # I DATE: February 28, 2005 DEPARTMENT: AVIATION — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HANGAR LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND STEEL CITY AVIATION, LLC, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an Amendment to the Hangar Lease Agreement between the City of Pueblo and Steel City Aviation, LLC. RECOMMENDATION Approval of this Resolution. BACKGROUND City Council approved a month -to -month Hangar Lease Agreement between the City and Steel City Aviation, LLC, on August 11, 2003. Steel City Aviation has requested that their lease be amended in order for them to provide service and maintenance of aircraft. Airport Administration is in agreement with this revision. FINANCIAL IMPACT Steel City Aviation currently pays the City a monthly rent of $500.00 plus 1% of the monthly gross revenues derived from all sales, operations and services. Adding service and maintenance to aircraft will bring additional revenue to both Steel City Aviation and the City of Pueblo. HANGAR LEASE AGREEMENT AMENDMENT NO.1 THIS AMENDMENT entered into as of this 28th day of February 2005 between the City of Pueblo, a Municipal Corporation (the "City ") and Steel City Aviation, LLC (the "Lessee ") WITNESSETH: WHEREAS, a Hangar Lease Agreement between the City and the Lessee was entered into on August 11, 2003; and WHEREAS, both the City and the Lessee desire to amend the Hangar Lease Agreement, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Lessee agree as follows: 1. Section 3, Paragraph A of the Hangar Lease Agreement is amended to read as follows: The leased premises shall be used and occupied by Lessee as a hangar facility for the storage, service and maintenance of aircraft and for such incidental purposes directly related to such use including storage of aircraft equipment and parts. Lessee shall have no right to utilize the leased premises, or any improvement thereon, other than as specifically allowed under this subsection, and it is specifically understood that the leased premises shall not be used for an aviation fixed base operation or for the sale of aviation fuel. Section 3, Paragraph D of the Hangar Lease Agreement is hereby deleted in its entirety. 2. The Hangar Lease Agreement as modified and amended by this Amendment No. 1 shall remain in full force and effect. Executed the day and year there above written. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION By ' City erk bert D. Schil Jr., Presi t ity Council APPROVED AS TO FORM: STEEL CITY AVIATION, LLC City Attorney Genova, dent/Owner