HomeMy WebLinkAbout10082ORDINANCE NO. 10082
AN ORDINANCE APPROVING THE ASSIGNMENT OF HANGAR
GROUND LEASE BY AND BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, THERESA F. GARCIA, KENNETH
JOHNSON, AND CHRISTINA JOHNSON, AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, City Council approved a Hangar Ground Lease dated April 11, 2005, with
John Barger (“Barger”) evidenced by Resolution No. 10361 for the property commonly known as
305 Skyway Street, Pueblo, Colorado 81001; and
WHEREAS, The Hangar Ground Lease dated April 11, 2005, was transferred from
Barger to Theresa F. Garcia (“Garcia”) through a Statement of Transfer effective on August 1,
2013 (“Statement”) in conjunction with the Personal Representative’s Deed recorded on
September 4, 2013 in Pueblo County at Reception No. 1954279 (“PR Deed”); and
WHEREAS, Garcia seeks assignment of the Hangar Ground Lease to Kenneth Johnson
and Christina Johnson; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Assignment of Hangar Ground Lease (“Assignment”) between the City of Pueblo, a
Municipal Corporation, Theresa F. Garcia, Kenneth Johnson, and Christina Johnson, a copy of
which is attached hereto and made a part hereof by reference, after having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2:
The Mayor is hereby authorized to execute the Assignment on behalf of the City of
Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same.
SECTION 3:
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached Assignment to implement the transactions,
policies, and procedures described herein.
SECTION 4:
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 13, 2021.
Final adoption of Ordinance by City Council on December 27, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 30, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 13, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING THE ASSIGNMENT OF HANGAR
GROUND LEASE BY AND BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, THERESA F. GARCIA, KENNETH
JOHNSON, AND CHRISTINA JOHNSON, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance will approve the Assignment of Hangar Ground Lease between the City
of Pueblo, Theresa F. Garcia, Kenneth Johnson, and Christina Johnson for the property
commonly known as 305 Skyway Street, Pueblo, Colorado 81001. The Hangar Ground
Lease will be assigned from Ms. Garcia to Mr. and Mrs. Johnson.
PREVIOUS COUNCIL ACTION:
Council approved a Hangar Ground Lease dated April 11, 2005, with John Barger
(“Barger”) evidenced by Resolution No. 10361 for the property commonly known as 305
Skyway Street, Pueblo, Colorado 81001.
BACKGROUND
The Hangar Ground Lease dated April 11, 2005, was transferred from Barger to
Theresa F. Garcia (“Garcia”) through a Statement of Transfer effective on August 1,
2013 (“Statement”) in conjunction with the Personal Representative’s Deed recorded on
September 4, 2013, in Pueblo County at Reception No. 1954279 (“PR Deed”). On
November 4, 2021, Garcia offered first Right of Refusal to the City of Pueblo
Department of Aviation prior to sale of the associated hangar. The Department of
Aviation refused purchase and approved transfer of the Hangar Ground Lease to
Kenneth Johnson and Christina Johnson. The Assignment of Hangar Ground Lease
has been signed by the seller and both buyers.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the sale of the hangar at 305 Skyway Street will be
stopped, creating potential liability for the City.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Ordinance
Assignment of Hangar Ground Lease
ASSIGNMENT OF
HANGAR GROUND LEASE
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THIS SSit,NMENT AGREEMENT ("Agreement") is entered into as of this 71.h ay of
'Dccr.•••btr, 2021 ("Effective Date") by and between the City of Pueblo, a Municipal Corporation,
with an address of One City Hall Place,Pueblo,Colorado 81003 ("Lessor"), and Theresa F.Garcia,
an individual with an address of 11211 Bayne Way, Parker, Colorado 80134 ("Assignor"), and
Kenneth Johnson and Christina Johnson, each an individual, with an address of 1270 S. Walden
Circle, Pueblo West, Colorado 81007(jointly and severally liable as the "Assignee").
WHEREAS, Lessor entered into a certain Hangar Ground Lease dated April 11, 2005 ("Lease")
with John Barger ("Barger") evidenced by Resolution No. 10361 for the property commonly
known as 305 Skyway Street, Pueblo, Colorado 81001, the legal description of which is contained
in the Lease attached hereto as Exhibit"A"; and
WHEREAS, the Lease was transferred from Barger to Assignor through a Statement of Transfer
effective on August 1, 2013 ("Statement") in conjunction with the Personal Representative's Deed
recorded on September 4, 2013 in Pueblo County at Reception No. 1954279 and with the Personal
Representative's Deed recorded on September 4,2013 in Pueblo County at Reception No. 1954280
(together the"PR Deeds"); and
WHEREAS, Assignor now wishes to assign the Lease to Assignee, and Assignee wishes to assume
said Lease; and
WHEREAS, Lessor consents to said assignment and Assignee's assumption of the Lease as
amended in accordance with the terms of this Assignment.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions and
mutual promises set forth in this agreement, the parties agree as follows:
1. Assignment. Assignor hereby transfers, sells, and assigns to Assignee, Assignor's
right, title, and interest in and to the amended Lease.
2. Assumption. Assignee accepts the assignment of the amended Lease and hereby
assumes and agrees to observe. perform, and otherwise discharge when due all
obligations of the Lessee under the Lease. A copy of the Lease, including the
Statement and PR Deeds, is attached hereto as Exhibit "A" and incorporated herein
by reference. Assignee's obligations shall include.but are not limited to,the making
of all payments and the performance of all covenants and duties of the Lessee.
3. Consent. Lessor hereby consents to the foregoing assignment and assumption of
the amended Lease in consideration for the terms of this Agreement, and Lessor
agrees to afford Assignee the same rights under the amended Lease as previously
enjoyed by Assignor. No further assignment of the Lease. or any part thereof, shall
he made without the prior written consent of Lessor. Any assignment or transfer
without Lessor's prior written consent shall be void.
4. Use of Hangar. Assignee acknowledges and agrees that the leased premises shall
only be used for the storage of aircraft and minor incidental materials and any use
specifically permitted under the Lease. The leased premises shall not be used for
the storage of non-aeronautical personal property,living accommodations,or in any
other way inconsistent with the Lease. Failure to abide by this provision shall
constitute a material breach of the Lease and subject it to immediate termination.
5. Indemnification. Assignor and Assignee shall jointly and severally indemnify,
defend, and hold harmless the Lessor. its officers, directors. employees,
representatives, agents, and attorneys from any claims, causes of action, or liability
of any nature relating in any way to this Agreement, the Lease, the Statement, or
the PR Deeds.
6. No Defaults. By executing this Agreement, Assignor agrees, represents and
warrants to Assignee that Lessor is not in default in the performance of the Lease,
nor has Lessor committed any breach thereof, and Assignor has no claim against
Lessor in connection with the Lease or the leasing. use, or operation of the
Premises. By executing this Agreement, and as of the Effective Date.Lessor agrees
that to the best of its knowledge: Assignor is not in default in the performance of
the Lease, Assignor has not committed any breach thereof, and Lessor has no claim
against Assignor in connection with the Lease or the leasing, use. or operation of
the Premises.
7. Effective Date. This Agreement shall become effective on the Effective Date set
forth above.
IN WITNESS WHEREOF, the parties have executed this assignment as of the Effective Date.
ASSIGNOR: LESSOR:
THERESA F. GARCIA CITY OF PUEBLO.
A MUNICIPAL CORPORATION
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By: By: Nicholas A. Gra Isar
Title: Title: Mayor
ASSIGNEE:
KENNETH JO .'SON ATTEST:
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By:
Title:
CHRISTINA JOHNSON
By
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