Aurora, Illinois

File #: 25-0120    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/7/2025 In control: City Council
On agenda: 2/25/2025 Final action: 2/25/2025
Title: A Resolution approving the First Amendment and Second Amendment to the SunCode leases at the Aurora Municipal Airport.
Attachments: 1. Aurora Solar CS 1 LLC - Second Amendment to Option to Lease - Suncode 1.22.25 (legistar), 2. Aurora Solar US LLC - First Amendment to Option to Lease - Suncode 1.22.25 (Legistar)
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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 h...

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