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HomeMy WebLinkAbout10754RESOLUTION NO. 10754 A RESOLUTION APPROVING AMENDMENT NO. 2 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. Amendment No. 2 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. 2. SECTION 2. The President of the City Council is hereby authorized to execute said Amendment No. 2 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 June 12, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK /Go. Rio -7,Sq F -t - Background Paper for Proposed RESOLUTION AGENDA ITEM # 1 1 DATE: June 12, 2006 DEPARTMENT: AVIATION — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AMENDMENT NO. 2 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 Amendment No. 2 to the Hangar Lease Agreement between the City of Pueblo and Steel City Aviation, LLC. Approval of this Resolution. 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 be able to fuel the aircraft owned and leased by them. Airport Administration is in agreement with this revision. FINANCIAL IMPACT None. HANGAR LEASE AGREEMENT AMENDMENT NO.2 THIS AMENDMENT entered into as of this 12th day of June, 2006 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, for the sale of aviation fuel, or to dispense aviation fuel in aircraft other than aircraft owned or leased by Lessee. Lessee's mobile refuelers, including fuel trucks and Lessee's use thereof, shall meet and comply with all applicable EPA Spill Prevention Control and Countermeasure (SPCC) regulations including, if required, drafting and implementing a SPCC Plan therefrom. 2. The Hangar Lease Agreement as modified and amended by this Amendment No. 2 shall remain in full force and effect. Executed the day and year there above written. ATTEST: _ _ ,_!.N • CITY OF PUEBLO, A MUNICIPAL CORPORATION Michael A. Occhiato, President of City Council • ; • / � : � Tit i�il7� City Attorney STEEL CITY AVIATION, LLC By erek Genov , resident/Owner