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HomeMy WebLinkAbout11930RESOLUTION NO. 11930 A RESOLUTION APPROVING HANGAR LEASE AGREEMENT AMENDMENT NO. 3 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND STEEL CITY AVIATION, LLC, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, a Hangar Lease Agreement between the City of Pueblo, a Municipal Corporation, and Steel City Aviation, LLC, was entered into on August 11, 2003; and WHEREAS, both parties wish to amend the provisions of the Hangar Lease Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Hangar Lease Agreement Amendment No. 3 dated July 12, 2010, a copy of which is attached hereto and made a part hereof by reference, by and between the City of Pueblo, a Municipal Corporation, and Steel City Aviation, LLC, relating to the use of a hangar located at Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby approved, subject to the conditions as set forth in said Hangar Lease Agreement Amendment No. 3. SECTION 2. The President of City Council is hereby authorized to execute said Hangar Lease Agreement Amendment No. 3 on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED: July 12, 2010 BY: Judy Weaver /COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-3 DATE: July 12, 2010 DEPARTMENT: DEPARTMENT OFAVIATION MARK LOVIN, DIRECTOR TITLE A RESOLUTION APPROVING HANGAR LEASE AGREEMENT AMENDMENT NO. 3 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 Hangar Lease Agreement Amendment No. 3 between the City of Pueblo and Steel City Aviation. RECOMMENDATION Approval of this Resolution. BACKGROUND The City entered into a Hangar Lease Agreement with Steel City Aviation on August 11, 2003. Steel City Aviation has requested authorization to dispense aviation fuel to aircraft that use the airport. FINANCIAL IMPACT None. PUEBLO MEMORIAL AIRPORT HANGER LEASE AGREEMENT AMENDMENT NO. 3 THIS AMENDMENT entered into as of this 12th day of July, 2010 between the City of Pueblo, a Municipal Corporation (the "Lessor ") and Steel City Aviation, LLC (the "Lessee "), WITNESSETH: WHEREAS, a Hangar Lease Agreement ( "Agreement ") between the Lessor and Lessee was entered into on August 11, 2003; and WHEREAS, Lessee has formally requested authorization to dispense aviation fuel to aircraft using the Pueblo Memorial Airport; NOW, THEREFORE, in consideration of the mutual covenants contained herein, Lessor and Lessee agree to amend the Agreement 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, provided, however, that the leased premises may be used 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. 2. Except as expressly modified by this Amendment No. 3, the Agreement, as previously amended, shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the Agreement by either party, are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 3. Signed in Pueblo, Colorado, the day and year first written above. ATTEST: LESSOR: Pueblo, a Municipal Corporation By Cit lerk awrence W. Atencio, President of City Council [SEAL] APPROVED AS TO FORM: LESSEE: Steel City Aviation, LLC B City Attorney D Genova resident