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HomeMy WebLinkAbout11080Docusign Envelope ID: 8134E5E84-C4EC-41E7-B801-9CDE605AF35C ORDINANCE NO. 11080 AN ORDINANCE APPROVING AN AMENDMENT TO COMMERCIAL OPERATOR HANGAR LEASE BY AND BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND SOUTHERN COLORADO FLIGHT PROFESSIONALS, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Lessor is the owner and operator of the Pueblo Memorial Airport ("Airport"), together with the land on which said Airport is situated; and WHEREAS, Lessor and Lessee entered into a Commercial Operator Hangar Lease for the property generally known as 522 Skyway Street, Pueblo, Colorado, 81001, dated May 25, 2022 ("Lease"); and WHEREAS, hangar door replacement and repairs to 522 Skyway Street has necessitated the temporary relocation of the tenant's aircraft to 530 Skyway Street; and WHEREAS, Lessee desires relocation of his aircraft to an alternative hangar during the duration of the hangar door construction project, and Lessor has no objection to said relocation. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Amendment to Commercial Operator Hangar Lease by and between the City of Pueblo, a Colorado Municipal Corporation and Southern Colorado Flight Professionals, LLC, a Colorado Limited Liability Company, 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 Lease 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 Lease to effectuate the terms and conditions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Docusign Envelope ID: 8134E5E84-C4EC-41E7-B801-9CDE605AF35C Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 10, 2025. Final adoption of Ordinance by City Council on November 24, 2025. LDocuSignedby: President of City Council Action by the Mayor: ❑ Approved on 11/26/2025 1 3:02 PM MST ❑ 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 L4DocuSignedby: City Clerk Docusign Envelope ID: 8134E5E84-C4EC-41E7-B801-9CDE605AF35C City Clerk's Office Item # R8 ciily of "PUEBLO m;µ ...w aflorado Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 24, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Director Aviation SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO COMMERCIAL OPERATOR HANGAR LEASE BY AND BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND SOUTHERN COLORADO FLIGHT PROFESSIONALS, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance will approve an Amendment to Commercial Operator Hangar Lease by and between the City of Pueblo and Southern Colorado Flight Professionals, LLC, for the property commonly known as 522 Skyway Street, Pueblo, Colorado 81001. The hangar door at 522 Skyway is inoperable and needs replacement. This Amendment will allow the temporary relocation of the tenant's aircraft to 530 Skyway Street, which is also owned and operated by the City of Pueblo, while the hangar door project at 522 Skyway Street goes through the RFP, award, fabrication and installation process. PREVIOUS COUNCIL ACTION: City Council approved a Commercial Operator Hangar Lease on May 23, 2022, with Southern Colorado Flight Professionals, LLC evidenced by Ordinance 10190 for the property commonly known as 522 Skyway Street, Pueblo, Colorado 81001. BACKGROUND: 522 Skyway Street has been used by Southern Colorado Aviation Professionals for a flight school, office space, and related uses. The hangar was constructed in 1969. The age of the current door is unknown but likely dates to the original construction of the hangar. Hangar doors generally have a lifespan of 20-25 years. This hangar door is beyond repair and needs to be replaced. Docusign Envelope ID: 8134E5E84-C4EC-41E7-B801-9CDE605AF35C The RFP process will take several weeks, then the hangar door will need to be fabricated, transported, and installed. The Department of Aviation estimates that it will take six to eight weeks at minimum to work through this process. Southern Colorado Aviation Professionals currently has its planes tied down outside on the General Aviation Ramp. They are exposed to weather and subject to temperature changes without the ability to plug them in to electricity. Furthermore, they are occupying tiedown spaces on the General Aviation Ramp intended for transient pilots. 530 Skyway is owned and operated by the City of Pueblo. This hangar is currently vacated and could accommodate Southern Colorado Aviation Professional's aircraft. FINANCIAL IMPLICATIONS: 530 Skyway Street would not be leased until the planes could be moved back to 522 Skyway Street. The City will pay the utilities at 530 Skyway Street until a new tenant could be found in order to keep the water lines from freezing. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the airplanes operated by Southern Colorado Aviation Professionals will remain on the General Aviation Ramp until the hangar door at 522 Skyway is replaced. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Southern Colorado Flight Professionals 2022 05 23 ORDINANCE 10190 2. Southern Colorado Flight Professionals 2022 05 25 LEASE FULLY SIGNED 3. Southern Colorado Flight Professionals 2025 11 24 AMENDMENT FINAL Docusign Envelope ID: B5024CAE-3EFA4E68-A172-91768FE837A2 530 Skyway Street Pueblo, CO 81001 Pueblo Memorial Airport Amendment to Commercial Operator Hangar Lease This Amendment ("Amendment") is entered into this 24th day of November 2025 (the "Effective Date"), between the City of Pueblo, a Colorado municipal corporation, (the "Lessor") and Southern Colorado Flight Professionals, LLC, a Colorado limited liability company (the "Lessee"). WHEREAS, the Lessor is the owner and operator of the Pueblo Memorial Airport ("Airport"), together with the land on which the Airport is situated; and WHEREAS, Lessor and Lessee entered into a Commercial Operator Hangar Lease for the property generally known as 522 Skyway Street, Pueblo, Colorado, 81001, dated May 25, 2022 (the "Lease"); and WHEREAS, hangar door replacement and repairs to 522 Skyway Street have necessitated the temporary relocation of the Lessee's aircraft to 530 Skyway Street; and WHEREAS, Lessee desires relocation of his aircraft to an alternative hangar during the duration of the hangar door construction project, and Lessor has no objection to said relocation. NOW, THEREFORE, in consideration of the foregoing statements, mutual promises, covenants, and conditions contained herein, Lessor and Lessee hereby agree to amend the Lease as follows: 1. Leased Premises: A. Lessor hereby leases unto the Lessee for the term and upon the requirements and conditions hereinafter stated, approximately 2,058 sq. ft. of hangar space ("Hangar"), including certain office space contained therein, (the "Leased Premise"), located at 530 Skyway Street, Pueblo, Colorado, more specifically identified in in Exhibit "A" attached hereto and incorporated herein, subject to existing restrictions and easements, including those recorded with the Pueblo County Clerk and Recorder. The Leased Premise does not include any apron or adjacent land including landside parking. B. The Hangar will be used solely for the storage of aircraft operated by the Lessee and any incidental activities related to the operation of a flight school. The aircraft shall be continually registered with the Federal Aviation Administration ("FAA") throughout the term of this Amendment. Lessee agrees to report to Lessor any changes to aircraft tail numbers stored at the Hangar within fourteen (14) days in order for Lessor to comply with FAA reporting requirements. Docusign Envelope ID: B5024CAE-3EFA-4E68-A172-91768FE837A2 530 Skyway Street Pueblo, CO 81001 C. Lessee shall have exclusive use of the Leased Premise subject to the terms of this Amendment. D. This Amendment and Lessee's use of the Leased Premise are subject to the easements, rights of way, covenants, conditions, restrictions, reservations, and limitations, including those of record, and all applicable zoning and land use laws, ordinances, codes and regulations, including but not limited to all conditions, regulations, restrictions, and requirements imposed by the FAA, governing and regulating the Leased Premises and its use. 2. Term: A. This Amendment is made on a temporary basis commencing on the Effective Date and shall terminate seven (7) days after completion of the hangar door construction project at 522 Skyway Street, unless earlier terminated as provided herein. B. Either party may terminate this Amendment at any time and for any reason upon forty-eight (48) hours prior written notice to the other party. 3. Other Conditions: A. Locks shall be provided by the Lessor and shall be the only locks placed on the Hangar. Locks shall be removed and replaced solely by the Lessor. Lessee shall have no right to alter, change, or replace the Lessor's locks. B. Electricity and water utilities will be provided by the Lessor. All other utilities will not be provided or installed. C. Insurance for 530 Skyway shall be provided by the Lessee in accordance with the insurance provisions set forth in Section 13 of Commercial Operator Hangar Lease for the property located at 522 Skyway Street, Pueblo, Colorado, 81001, dated May 25, 2022. 4. Remainine Conditions: All other terms and conditions of the Commercial Operator Hangar Lease for the property located at 522 Skyway Street, Pueblo, Colorado, 81001, dated May 25, 2022, are hereby restated and incorporated by reference in its entirety. 5. Waivers: No provision of this Amendment may be waived except by an agreement signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. Should Lessee holdover the use of or continue to occupy the FA Docusign Envelope ID: B5024CAE-3EFA-4E68-Al72-91768FE837A2 530 Skyway Street Pueblo, CO 81001 Leased Premises after the termination or cancellation of this Lease, such holding over shall be deemed merely a tenancy for successive monthly terms upon the same conditions as provided in this Lease subject to termination upon fourteen (14) days prior written notice. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. LESSOR: CITY OF PUEBLO, A Colorado municipal corporation BESigned by: y 4AA595�R7R( Adfi� Heather Graham Title: Mayor Attest: i euSigned by: City Clerk Approved as to form: DoouSigned by: City Attorney LESSEE: Southern Colorado Flight Professionals, LLC A Colorado limited liability company CSigned by: ° By 4B3E4E4C45494AA_. Grant von Ahlefeldt Title: Owner Q4 4 p. B 1.0, - !Q 70 *60R A3 � Docusign Envelope ID: B5024CAE-3EFA-4E68-A172-91768FE837A2 V 1,01 2022, in;iy,'ry EXHIBIT A 530 SKYWAY STREET -PARCEL A N88' 23' 56"E 76.00' NORM W 0E SCALE= V=49 B-z-zoiz Cuy of Pueblo Bureau of Public Wnrk, El � w �t 0 as 0Q ._ o Parcel A CN Z � S88' 23' 56"W P. 0. B. 76.00, S 1f r N IJTo Monur)t2n a Skyway Street ci,id Magnuson Avenue;_ .... µ Le end O Set PK Nail with Shiner P.L.S. 31925 o Set Rebor and Yellow Cap P.L.S. 31925 Description A parcel of land located within a portion of Parcel H of Pueblo Memorial Airport Industrial Park Subdivision, located in the SE 1/4 of the NE 1/4 of Section 25, Township 20 South, Range 64 West, and in a portion of the SW 1/4 of the NW 1/4 of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows: Parcel A BEGINNING at a point from which the monument found at the intersection of Skyway Street and Atlas Avenue bears S 9' 19' 57" W a distance of 851.25 feet (bearings based on the monument found at the intersection of Skyway Street and Atlas Avenue to the monument found at the intersection of Skyway Street and Magnuson Avenue to bear N 1' 31' 26" E, with all bearings contained herein being relative thereto) thence S 88' 23' 56" W a distance of 76.00 feet; thence N 1' 36' 04" W a distance of 72.00 feet; thence N 88' 23' 56" \k� Istance of 76.00 feet; thence N 1' 36' 04" E a distance of 72.00 feetci�AID Ril� F BEGINNING. Area = 0.13 Acres (5,472 s.f.) more or less. _ 6 3`I92S • � �'- Mfg..... Riley Monroe Bryan Date 4 / 1 LAND A.L.S. 31925 /t I t ���\\ SHEET 1 OF 1