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HomeMy WebLinkAbout10354RESOLUTION NO. 10354 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HANGAR GROUND LEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ROBERT S. HAMILTON AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo, A Municipal Corporation, and Archer Aero, LLC entered into a Hangar Ground Lease dated April 14, 2003, and WHEREAS, Archer Aero, LLC assigned its interest in the Hangar Ground Lease to Robert S. Hamilton who is the successor in interest in and to the Hangar Ground Lease as Lessee, and WHEREAS, Robert S. Hamilton and the City desire to amend the provisions of the Hangar Ground Lease, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. A certain Amendment No. 1 to Hangar Ground Lease, 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 Robert S. Hamilton, relating to the lease of a ground 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 March 28, 2005 BY Michael Occhiato Councilperson APPROVED: PREStDENT 9F CITY C IL ATTESTED BY: CITY CLERIC r i Background Paper for Proposed RESOLUTION AGENDA ITEM # 15 DATE: March 28, 2005 DEPARTMENT: AVIATION — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HANGAR GROUND LEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ROBERT S. HAMILTON AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an Amendment to the Hangar Ground Lease between the City of Pueblo and Robert S. Hamilton. RECOMMENDATION Approval of this Resolution. BACKGROUND City Council consented to an assignment of the Archer Aero Hangar Ground Lease to Robert S. Hamilton on November 8, 2004. It has been determined that the Exhibit A that was attached to the original lease with Archer Aero was incorrect. This lease amendment corrects that error. FINANCIAL IMPACT None. HANGAR GROUND LEASE AMENDMENT NO. 1 THIS AMENDMENT NO. 1 entered into as of this 28th day of March, 2005 between the City of Pueblo, a Municipal Corporation (the "City ") and Robert S. Hamilton (the "Lessee "), WITNESSETH: WHEREAS, a Hangar Ground Lease between the City and Archer Aero, LLC was entered into on April 14, 2003, and WHEREAS, Archer Aero, LLC assigned its interest in the Hangar Ground Lease to Robert S. Hamilton who is the successor in interest in and to the Hangar Ground Lease as Lessee, and WHEREAS, both the City and Robert S. Hamilton desires to amend the legal description on the leased premises described in Exhibit A to the Hangar Ground Lease, NOW, THEREF in consideration of the mutual covenants contained herein, the City and Robert S. Hamilton agree as follows: 1. The legal description of the leased premises under the Hangar Ground Lease is amended to read as set forth in the Amended Exhibit "A" attached to this Amendment No. 1 and such Amended Exhibit "A" shall be substituted for Exhibit A attached to the Hangar Ground Lease. 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. 0 V VPYI City 'lerk CITY OF PUEBLO, A MUNICIPAL CO: D. Sph911ing Jr., APPROVED AS TO FORM: C City Attorney S. Hamilton of City Council AMENDED EXHIBIT "A" A Leasehold interest of and unto: A Parcel of land located in Section 25, Township 20 South, Range 64 West of the 6` P.M., located within the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the northwest corner of said Section 25; thence S75 °49'09 "E, 1666.99 feet to the centerline at the west end of Runway 8L/26R, also known as Station 0+00; Thence N88 °16'36 "E, a distance of 2712.00 feet along the centerline of said Runway 8L/26R to a point; Thence SO1 °43'24 "E, a distance of 2438.50 feet, to a point 2438.50 feet right of the centerline of said Runway 8IJ26R at Station 27 +12, being the True Point of Beginning; Thence N88 °16'36 "E, a distance of 115.00 feet; Thence SO1 °43'24 "E, a distance of 125.00 feet; Thence S88 °16'36 "W, a distance of 115.00 feet; Thence NO 1 °43'24 "W, a distance of 125.00 feet, to the Point of Beginning. Said parcel contains 14,375 square feet more or less.