HomeMy WebLinkAbout10420ORDINANCE NO. 10420
AN ORDINANCE APPROVING AMENDMENT NO. 1 FIXED
BASE OPERATOR GROUND LEASE AND OPERATING
AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, TRAVELAIRE
SERVICES, INC. AND FREEMAN HOLDINGS OF COLORADO,
LLC, D/B/A FREEMAN JET CENTER – PUEBLO, RELATING TO
THE ASSIGNMENT OF FUEL TANK RIGHTS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, City Council approved a Fuel Tank Agreement dated May 1, 2006, with Sam
Brown and TravelAire Services, Inc., evidenced by Resolution No. 10701 for the fuel tank
formerly designated as Jet-A Tank No. 1; and
WHEREAS, City Council approved the Fixed Base Operator Ground Lease and Operating
Agreement between the City of Pueblo and Freeman Holdings of Colorado, LLC, D/B/A
Freeman Jet Center – Pueblo, dated July 11, 2022, evidenced by Ordinance No. 10220; and
WHEREAS, City Council approved an Assignment of Fuel Tank Agreement dated August
8, 2022, assigning all interest in a Fuel Tank Agreement solely to TravelAire Services, Inc., and
removing Sam Brown from the Fuel Tank Agreement, as evidenced by Ordinance No. 10244,
for the fuel tank formerly designated as Jet-A Tank No. 1; and
WHEREAS, TravelAire, Inc. desires to assign its interest in the Fuel Tank Agreement to
Freeman Holdings of Colorado, LLC, and City hereby consents to the assignment subject to this
Ordinance and the terms of Amendment No. 1 Fixed Base Operator Ground Lease and
Operating Agreement; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment No. 1 Fixed Base Operator Ground Lease and Operating Agreement
(“Amendment”) by and between the City of Pueblo, a Municipal Corporation, TravelAire
Services, Inc., and Freeman Holdings of Colorado, LLC, D/B/A Freeman Jet Center – Pueblo, 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 Amendment 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 Amendment 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 March 13, 2023.
Final adoption of Ordinance by City Council on March 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on March 29, 2023 .
□ 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
City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
March 13, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director Aviation
SUBJECT: AN ORDINANCE APPROVING AMENDMENT NO. 1 FIXED BASE
OPERATOR GROUND LEASE AND OPERATING AGREEMENT BY
AND BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, TRAVELAIRE SERVICES, INC. AND FREEMAN
HOLDINGS OF COLORADO, LLC, D/B/A FREEMAN JET CENTER –
PUEBLO, RELATING TO THE ASSIGNMENT OF FUEL TANK RIGHTS,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance will approve the assignment of the rights under a Fuel Tank Agreement
through the execution of Amendment No. 1 to the Fixed Base Operator Ground Lease
and Operating Agreement (“FBO Agreement”) between the City of Pueblo, TravelAire
Services, Inc., and Freeman Holdings of Colorado, LLC, regarding the use of the fuel
tank commonly known as 415 Bell Street Tank 40-3, and adding said tank to the FBO
Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved a Fuel Tank Agreement dated May 1, 2006 with Sam Brown and
TravelAire Services, Inc., evidenced by Resolution No. 10701 for the fuel tank formerly
designated as Jet-A Tank No. 1.
City Council approved the Fixed Base Operator Ground Lease and Operating
Agreement between the City of Pueblo and Freeman Holdings of Colorado, LLC, D/B/A
Freeman Jet Center – Pueblo, dated July 11, 2022, evidenced by Ordinance No.
10220.
City Council approved an Assignment of Fuel Tank Agreement dated August 8, 2022,
assigning all interests in the Fuel Tank Agreement solely to TravelAire Services, Inc.,
and removing Sam Brown from the Agreement, as evidenced by Ordinance No. 10244.
BACKGROUND:
This Ordinance will approve Amendment No. 1 to the Fixed Base Operator Ground
Lease and Operating Agreement, assigning the rights under the Fuel Tank Agreement
from TravelAire Services, Inc. to Freeman Holdings of Colorado, LLC, D/B/A Freeman
Jet Center - Pueblo, with the City’s consent, transferring the rights to the fuel tank
formerly designated as Jet-A Tank No. 1, now designated and referred to as 415 Bell
Street Tank 40-3. With this assignment, 415 Bell Street Tank 40-3 will be added to the
Fixed Base Operator Ground Lease and Operating Agreement.
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 interest in 415 Bell Street Tank 40-3 will not
transfer to Freeman Holdings of Colorado.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 415 Bell Tank 40-3 2022 03 13 2023 AMENDMENT 1 FIXED BASED
OPERATOR GROUND LEASE PARTIAL SIGNED