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TO: Mayor Richard C. Irvin
FROM: Patrick J. Collins, Assistant Corporation Counsel
DATE: February 7, 2025
SUBJECT:
Requesting approval of the First Amendment and Second Amendment to the SunCode leases at the Aurora Municipal Airport.
PURPOSE:
SunCode is in process of obtaining the final approvals from other government entities in order to start construction of their solar farm at the airport. After installation and final approvals, if any of those government entities were to require modifications, alterations, or amendments to the solar farm those changes would be solely the tenant's responsibility. Additionally, edits are needed to the legal descriptions for the different solar fields.
BACKGROUND:
Earlier this year, the City and SunCode entered into leases for the construction of a solar farm at the Airport. In the permitting and approval process the parties wished to elaborate on their individual future requirements if any changes were required.
DISCUSSION:
This is for the protection of the City, to clarify the parties' duties and responsibilities under the leases, and to amend the legal descriptions.
IMPACT STATEMENT:
This amendment is needed to ensure that if any future modifications or changes are required to the solar farm it will be the tenant's sole responsibility. Correct legal descriptions are important.
RECOMMENDATIONS:
Staff recommends approval.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving the First Amendment and Second Amendment to the SunCode leases at the Aurora Municipal Airport.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City and SunCode previously entered in to leases at the Aurora Municipal Airport for the installation of a solar farm, and
WHEREAS, the City and SunCode desire to expand on their future contractual obligations, and
WHEREAS, the City and SunCode wish to amend the legal descriptions of the different solar fields to enumerate exactly what areas will and will not be utilized, and
WHEREAS, pursuant to 65 ILCS 5/11-75-1 municipalities have the power to lease land owned by the municipality.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the original leases between the City and SunCode for the solar farm at the Aurora Municipal Airport shall be amended by the attached First Amendment and Second Amendments respectively.