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HomeMy WebLinkAbout11931 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