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RESOLUTION NO. 11931
A RESOLUTION APPROVING FUEL TANK LEASE
AGREEMENT AMENDMENT NO. 1 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 Fuel Tank Lease Agreement between the City of Pueblo, a Municipal
Corporation, and Steel City Aviation, LLC, was entered into on April 12, 2010; and
WHEREAS, both parties wish to amend the provisions of the Fuel Tank Lease
Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Fuel Tank Lease Agreement Amendment No. 1 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 fuel tank 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 Fuel Tank Lease Agreement Amendment
No. 1.
SECTION 2.
The President of City Council is hereby authorized to execute said Fuel Tank Lease
Agreement Amendment No. 1 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-4
DATE:
July 12, 2010
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION APPROVING FUEL TANK LEASE AGREEMENT AMENDMENT NO. 1
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 Fuel Tank Lease Agreement Amendment No. 1 between the City
of Pueblo and Steel City Aviation.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The City entered into a Fuel Tank Lease Agreement with Steel City Aviation on April 12, 2010.
Steel City Aviation has requested authorization to dispense aviation fuel to aircraft that use the
airport.
FINANCIAL IMPACT
None.
PUEBLO MEMORIAL AIRPORT
FUEL TANK LEASE AGREEMENT
AMENDMENT NO. 1
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 Fuel Tank Lease Agreement ( "Agreement ") between the Lessor and
Lessee was entered into on April 12, 2010; 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 1 of the Agreement is amended by addition of the following language at
the end of existing section 1: "Provided that Lessee is not in breach of this
Agreement, Lessee is also permitted to dispense aviation fuel to aircraft using the
airport during the term of this Agreement."
2. Except as expressly modified by this Amendment No. 1, the Agreement 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. 1.
Signed in Pueblo, Colorado, the day and year first written above.
ATTEST: LESSOR:
Pueblo, a Municipal Corporation
By
City jerk Lawrence W. Atencio, President of City Council
[SEAL]
APPROVED AS TO FORM: LESSEE:
Steel City Aviation, LLC
T h/ll ° By _r r
City Attorne Denova, Pr f - rit