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HomeMy WebLinkAbout12021 RESOLUTION NO. 12021 A RESOLUTION CONSENTING TO THE ASSIGNMENT THE HANGAR GROUND LEASE DATED DECEMBER 8, 2008 BETWEEN THE CITY OF PUEBLO AND ERIC BEAUDRY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Consent to Assignment, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, and the President of the City Council is authorized to execute and deliver the Consent to Assignment in the name of the City and the City Clerk to attest same and affix the seal of the City thereto. er 22 INTRODUCED: Novemb, 2010 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-1 DATE: November 22, 2010 DEPARTMENT: DEPARTMENT OFAVIATION MARK LOVIN, DIRECTOR TITLE A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE HANGAR GROUND LEASE DATED DECEMBER 8, 2008 BETWEEN THE CITY OF PUEBLO AND ERIC BEAUDRY ISSUE Should City Council consent to the Assignment of a hangar ground lease. RECOMMENDATION Approval of this Resolution. BACKGROUND Eric Beaudry entered into a Hangar Ground Lease with the City of Pueblo on December 8, 2008. Mr. Beaudry also purchased the improvements on the property at that time. The Personal Representative of the Estate of Eric Beaudry has agreed to sell the improvements and assign the ground lease to Christine Genova. FINANCIAL IMPACT There will be no financial impact as Christine Genova will take over the Hangar Ground Lease payment. ASSIGNMENT This Assignment entered into as of November 22, 2010 between Danny Lee Beaudry ( "Assignor ") and Christine Genova ( "Assignee ") WITNESSETH RECITALS A. Eric Beaudry, as Lessee, entered into a Hangar Ground Lease dated December 8, 2008 with the City of Pueblo, a Municipal Corporation, as Lessor, for certain land at the Pueblo Memorial Airport to occupy, maintain and operate a hangar facility on the leased land ( "Hangar Ground Lease ") Assignor is the Personal Representative of the Estate of Eric Beaudry B Assignee is willing to accept the assignment of the Hangar Ground Lease. NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants contained herein, Assignor and Assignee agree as follows. 1 Assignor transfers, sells and assigns to Assignee all of Assignor's right, title and interest in and to the Hangar Ground Lease 2 Assignee accepts the assignment of the Hangar Ground Lease and agrees to make all payments and perform all covenants, duties, obligations and responsibilities of Lessee under the Hangar Ground Lease and to indemnify and save harmless Assignor therefrom. 3 This Assignment shall not be effective until consented to by the City of Pueblo by Resolution of its City Council. Executed at Pueblo, Colorado as of the day and year first above written. ASSIGNOR. ASSIGNEE Danny Lee Beaudry, Christine Genova Personal Representative of Estate 2422 West Street of Eric Beaudry Pueblo, CO 81003 X DinfbnctaiLWAIVX- Name Ann I, Re_ekt cc jr Name (j,Mth\ fl lr'UI..& CONSENT TO ASSIGNMENT The City of Pueblo as Lessor under the Hangar Ground Lease, in reliance upon the Recitals and provisions of the foregoing Assignment, consents to the foregoing Assignment of the Hangar Ground Lease by Assignor to Assignee on the express condition that no further assignment of the Hangar Ground Lease or any part thereof shall be made without the prior written consent of the City of Pueblo 4 Executed in Pueblo, Colorado the aaAf. day of /VO ✓erhiw , 2010 CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST By o t i) PE President of City Council City lick