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HomeMy WebLinkAbout10498RESOLUTION NO. 10498 A RESOLUTION APPROVING A LEASE ADDENDUM 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 modify the provisions of the Hangar Ground Lease, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Lease Addendum 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 Lease Addendum. SECTION 2. The President of the City Council is hereby authorized to execute said Lease Addendum 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 September 12, 2005 / ,; s BY Michael Occhiato Councilperson E E ED Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: September 12, 2005 DEPARTMENT: AVIATION — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING A LEASE ADDENDUM 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 a Lease Addendum 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. Dr. Hamilton has requested the use of additional land in order to build a temporary taxilane to allow aircraft access between the existing north/south taxiway to the proposed south door of the hangar until the City commences Taxilane E Expansion. FINANCIAL IMPACT Dr. Hamilton will not be charged rent for the additional land until the City commences the Taxilane E Expansion. After the City commences the Taxilane E Expansion, he will have the option to lease the land and pay rent equal to the rent per square foot then payable under the Lease. LEASE ADDENDUM THIS LEASE ADDENDUM is entered into as of September 12 , 2005 between the City of Pueblo, a Municipal Corporation ( "City ") and Robert S. Hamilton ( "Lessee "), WTTNESSETH: WHEREAS, Lessee is the successor in interest to Archer Aero, LLC in and to the Hangar Ground Lease with the City dated April 14, 2003 ( "Lease "); and WHEREAS, Lessee desires to use a portion of land adjacent to leased premises under the Lease ( "Leased Premises ") for the purpose of constructing a temporary taxilane to allow ingress and egress from a proposed south door of the hangar located on the Leased Premises ( "Hangar "); and WHEREAS, City is willing to consent to the use of such additional land upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Lessee agree as follows: 1. Lessee shall have the right to use the land south of the Leased Premises shown on the attached Exhibit A ( "Additional Land ") for the purpose of aircraft ingress and egress from the south door of the Hangar to the existing north /south taxiway ( "Taxiway "). 2. Lessee, at its sole cost and expense, shall cause to be constructed on the Additional Land and the Taxiway a temporary taxilane ( "Temporary Taxilane ") including the cost of relocating any fence or utilities determined by the Director of Aviation to be an obstruction to Lessee's use of the Additional Land and Taxiway. 3. The Temporary Taxilane shall be constructed in compliance with construction plans therefor, including proposed dimensions, surface and base material to be used, prepared by Lessee and approved by the Director of Aviation. 4. Lessee shall maintain the Temporary Taxilane and keep same in good repair. Lessee shall maintain and keep the Temporary Taxilane in a safe condition so as not to create or cause any danger or unsafe conditions for taxiing aircraft or to other airport users and persons on the airport. 5. Lessee's use of the Additional Land is temporary and may be terminated by City upon thirty (30) days prior written notice given by City to Lessee ( "City Notice "). City Notice may be given anytime after City commences expansion of Taxilane E as part of the development of land to be served by Taxilane E ( "Taxilane E Expansion "). 6. After receipt of City Notice by Lessee, City and Lessee shall negotiate in good faith to include the Additional Land in area "A" of Exhibit A as part of the Leased Premises under the Lease upon such terms and conditions City and Lessee mutually agree. 7. Lessee shall not pay rent for the Additional Land until City commences the Taxilane E Expansion. After City commences the Taxilane E Expansion, Lessee shall pay rent equal to the rent per square foot then payable under the Lease. 8. City reserves the right, without any obligation on its part to do so, to develop, modify, change or improve the Taxiway and area surrounding the Taxiway or any part thereof, as it may determine in its sole discretion, at any time regardless of desires of views of Lessee, and without interference from Lessee or liability to Lessee. 9. This Lease Modification and the Lease as modified by this Lease Modification shall remain in full force and effect and shall be binding upon and inure to the benefit of City and Lessee and their respective heirs, personal representatives, successors and assigns. Executed at Pueblo, Colorado, the day and year first above written. Robert Hamilton CITY OF PUEBLO EXHIBIT A NORTH W E S SME 1' • 100' LbofR�Eb &vru MPWNk Wake AIRPORT PROPERTIES, INC. 78 000 00 TAXIWAY "D" 1 . 200' WE I 'All ' • $:;• . 4 SQ. YD.