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RESOLUTION NO. 12761
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF
THE HANGAR GROUND LEASE DATED APRIL 11, 2005
BETWEEN THE CITY OF PUEBLO AND BONGIRNO
FAMILY TRUST DATED 11/19/84, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
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.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached assignment to effectuate the
transactions described therein.
SECTION 3.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: August 26, 2013
BY: Ami Nawrocki
Background Paper for Proposed
RESOLUTION
DATE: AGENDA ITEM # M-6
August 26, 2013
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE HANGAR GROUND
LEASE DATED APRIL 11, 2005 BETWEEN THE CITY OF PUEBLO AND BONGIRNO
FAMILY TRUST DATED 11/19/84, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should City Council consent to the assignment of a hangar ground lease?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The City entered into a hangar ground lease agreement with Bongirno Family Trust dated
11/19/84, on April 11, 2005 for land in the General Aviation Hangar Development Area so the
Bongirno family could build a hangar. Construction of the hangar was completed in December
2005. The Bongirno Family Trust has sold the hangar to Donald E. Staruh and has asked that the
City assign the ground lease to him. All terms of the ground lease will remain the same.
FINANCIAL IMPACT
None.
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.
Executed in Pueblo, Colorado the 26th day of August , 2013.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
ATTEST: By _!
Stephen G. Nawrocki
President of City Council
City Jerk
ASSIGNMENT
This Assignment entered into as of
7
This between Bongirno Family
Trust dated 11/19/84 (herein known as " signor ") and Donald E. Staruh ( "Assignee ")
WITNESSETH
RECITALS
A. The Assignor, as Lessee, entered into a Hangar Ground Lease dated April 11,
2005 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 "). .
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:
Bongirno Family Trust dated 11/19/84 Donald E. Staruh
5630 Riverview Lane
Pueblo, CO 81004
(719) 50 -6320
X 6
Name: Carl Bongirno/ Name: Donald E. Staruh