Loading...
HomeMy WebLinkAbout11494RESOLUTION NO. 11494 A RESOLUTION CONSENTING TO THE PARTIAL ASSIGNMENT OF THE HANGAR GROUND LEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AIRPORT PROPERTIES, INC., A TEXAS CORPORATION, TO MANWEILER TRANSPORTS, INC., A COLORADO CORPORATION FOR LEASE PARCEL B -1 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Airport Properties, Inc., entered into a Hangar Ground Lease ( "Lease ") with the City of Pueblo for land located at the Pueblo Memorial Airport on February 25, 2002; and WHEREAS, Airport Properties, Inc., desires to partially assign the Lease with respect to the unimproved 4,140 square feet parcel of land ( "Lease Parcel B -1 ") to Manweiler Transports, Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo does hereby consent, subject to the terms and conditions set forth in the Consent to Assignment attached hereto, to the partial assignment of the February 25, 2002 Hangar Ground Lease by Airport Properties, Inc., to Manweiler Transports, Inc., as described in, and contemplated by the Lease Assignment and Assumption Agreement, a copy of which is attached hereto, subject to and contingent upon Manweiler Transports, Inc. assuming and performing all of the obligations imposed on the Lessee under the Lease with respect to Lease Parcel B -1 through the remaining term of the Lease unless sooner terminated or extended as provided within the Lease. SECTION 2. The President of City Council is hereby authorized to execute the Consent to Assignment. BY: Randy Thurston Councilperson PR In M F. e I k A T'-1 %rtw unri, ATTESTED aY { CLERK INTRODUCED: December 22, 2008 µ — �9 LJ ....... ..e. _..,. Background Paper for Proposed RESOLUTION AGENDA ITEM # 17 DATE: December 22, 2008 DEPARTMENT: AVIATION - TOM MARTINEZ, ACTING DIRECTOR OF AVIATION TITLE A RESOLUTION CONSENTING TO THE PARTIAL ASSIGNMENT OF THE HANGAR GROUND LEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AIRPORT PROPERTIES, INC., A TEXAS CORPORATION, TO MANWEILER TRANSPORTS, INC., A COLORADO CORPORATION FOR LEASE PARCEL B -1 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council consent to the partial assignment of the Hangar Ground Lease between the City of Pueblo and Airport Properties, Inc. to Manweiler Transports, Inc. RECOMMENDATION Approval of this Resolution. BACKGROUND Airport Properties entered into a Hangar Ground Lease with the City on February 25, 2002. Airport Properties would like to assign the Lease with respect to the unimproved 4,140 square feet parcel of land ( "Lease Parcel B -1 ") to Manweiler Transports, Inc. Manweiler will assume and fulfill all of the terms, covenants, conditions and obligations required by the Lease with respect to Lease Parcel B -1. FINANCIAL IMPACT Airport Properties lease area will be reduced from 36,970 sq. ft. (.8487 acres) to 32,830 sq. ft. (.7537 acres). Their rent will be reduced to $3,757.52 annually and the combined service fee will be $376.79 annually. Manweiler Transports leased area will be 4,140 sq. ft. (.095 acres). Their annual rent will be $473.84 and the combined service fee will be $47.49 annually. Consent to Assignment The City of Pueblo does hereby consent to the foregoing Lease Assignment and Assumption Agreement relating to unimproved land which does not involve issues under the Colorado Condominium Ownership Act, on the express condition that no further assignment of the Hangar Ground Lease or Partial Assignment shall be made without further consent of the City. The City of Pueblo agrees as follows: (a) Effective March 1, 2008, Airport Properties, Inc.'s total leased premises and land area under the Hangar Ground Lease for which Airport Properties, Inc. shall pay monthly rent is 32,830 square feet. (b) Airport.Properties, Inc. is released from any further obligations or liabilities under the Hangar Ground Lease with respect to Lease Parcel B -1. (c) Default by Airport Properties, Inc. under the Hangar Ground Lease shall not constitute an event of default under the Lease Assignment and Assumption Agreement with respect to Lease Parcel B -1. (d) Default of Manweiler Transports, Inc. under the Lease Assignment and Assumption Agreement shall not constitute an event of default under the Hangar Ground Lease. (e) City of Pueblo's consent to the Lease Assignment and Assumption Agreement shall not constitute nor be deemed to constitute a precedent binding on the City of Pueblo with respect to any past or future assignment or transfer by Airport Properties, Inc. or any of its rights or leasehold interests under the Hangar Ground Lease. Executed at Pueblo, Colorado as of March 1, 2008. City of Pueblo By Name: Barbara A. Vidmar Title: President of City Council