HomeMy WebLinkAbout7954N
RESOLUTION NO. 7954
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO
DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT
CORPORATION RELATING TO THE TRANSFER OF LAND AT
PUEBLO MEMORIAL AIRPORT AND THE CONSTRUCTION
OF A SHELL BUILDING, AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE THE AGREEMENT AND
THE WARRANTY DEED THEREIN DESCRIBED AND
ATTACHED THERETO, AND AUTHORIZING THE TRANSFER
OF FUNDS FROM THE 1992 -2001 SALES AND USE TAX
CAPITAL IMPROVEMENT PROJECTS FUND FOR THE
PURPOSE OF CONSTRUCTING THE SHELL BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement between Pueblo, a Municipal Corporation and Pueblo Development
Foundation, a Colorado nonprofit corporation, dated September 9, 1996 and Warranty Deed, copies
of which are attached hereto and incorporated herein, having been approved as to form by the City
Attorney, and the transfer to Pueblo Development Foundation of approximately 5.57 acres of land
described in the Warranty Deed, are hereby approved.
SECTION 2
The President of the City Council is authorized to execute and deliver in the name of the City
the Agreement and Warranty Deed and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 3
An amount not to exceed $567,000 is hereby authorized to be transferred from the Projects
To Be Determined Account of the 1992 -2001 Sales and Use Tax Capital Improvement Projects
Fund to the Pueblo Development Foundation Account for the specific purpose of constructing the
Building.
SECTION 4
The City Council does hereby find and determine that the land described in the Warranty
Deed is excess to the City's needs, and that the Agreement dated September 9, 1996 and expenditure
of funds described therein meets and complies with the criteria and standards established by
Ordinance No. 5742 and will create employment opportunities justifying the expenditure of public
funds.
ATTEST:
City Clerk
INTRODUCED: September 9, 1996
By John Verna
Councilperson
APPROVED:
Presid nt of the City Council
L\ CITY \PDRSHELBLDG \NO.7 \RESOLUTLWPD _2
AGREEMENT
THIS AGREEMENT entered into as of September 9, 1996 between Pueblo, a Municipal
Corporation (the "City ") and Pueblo Development Foundation, a Colorado nonprofit corporation
(the "Foundation "), WITNESSETH:
In consideration of the mutual promises herein contained, City and Foundation agree as
follows:
1. City will, subject to prior approval of the Federal Aviation Administration, transfer
to Foundation Lot 58, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County,
Colorado (the "Land ") by deed in substantially the same form as the Warranty Deed attached hereto.
Foundation will construct a 26,000 square foot shell building on the Land (the "Building ").
Foundation will make the Building and Land available by purchase or lease to a company who will
locate and conduct manufacturing or industrial businesses on the Land and Building. No transfer
or lease of the Land or Building thereon shall be made by Foundation without the prior consent of
the City Council of the City given by Resolution duly adopted. Any transfer or lease without such
consent shall be void.
2. City will make available and advance to Foundation as needed, an amount not to
exceed $567,000 from the City's 1992 -2001 Sales and Use Tax Capital Improvement Projects Fund
to be used solely for the construction of the Building. No funds shall be advanced to Foundation
except pursuant to approved and verified requests for payment under construction contracts which
have been awarded to the lowest and best bidder after competitive bidding on the basis of plans and
specifications prepared by a Colorado licensed architect and approved by the City. The Building
will be constructed in compliance with all applicable codes, laws and regulations.
3. Foundation will reimburse City out of the proceeds received by Foundation from the
sale or lease of the Land and Building, or insurance thereon, all funds made available and advanced
to Foundation by City under this Agreement together with all amounts received by Foundation
which include or represent the value of the Land and interest in the computation of rents or purchase
price. If the purchase price is to be paid in installments or if the Land and Building are leased,
Foundation will execute and deliver its promissory note payable to the City in the amount equal to
the funds advanced plus Land values and interest in the same amount and at the same rate the
purchaser or lessee will pay, and secure payment of the promissory note by a first deed of trust on
the Land and Building.
4. The attached Warranty Deed for the Land will be executed and delivered to
Foundation contemporaneously with the execution and delivery of a lease or deed by Foundation
to an approved lessee or purchaser thereof. If Foundation does not sell or lease the Land and
Building to an approved purchaser within thirty-six (36) months from date hereof, the Building will
become the property of the City and Foundation will convey title to the Building to City free of all
liens and encumbrances.
5. Foundation acknowledges that it has read and understands the covenants, conditions
and restrictions contained in the attached Warranty Deed and agrees that Foundation will be bound
thereby the same as if such covenants, conditions and restrictions were set forth in this Agreement
in full. Foundation will not construct the Building within the set -backs established in the Warranty
Deed nor at a height greater than that set forth in the Warranty Deed.
6. Foundation shall insure the Building at its full insurable value and City shall be
named as a loss payee on all such insurances.
7. This Agreement shall not be assigned by Foundation and shall be binding upon and
inure to the benefit of City and Foundation and their respective successors.
Executed the day and year first above written.
[SEAL]
PUEBLO, A MUNICIPAL CORPORATION
ATTEST: B
City Cl 6k President f the City Council
[SEAL] PUEBLO DEVELOPMENT FOUNDATION
ATTEST` By
Secreta President
1:\ CITY \PDRSHELBLDG \N0.9\AGREEMNT.WPD -2
WARRANTY DEED
THIS DEED, made this 9th day of September , 199 6 by and between Pueblo, a
Municipal Corporation (herein "City ") and Pueblo Development Foundation, a Colorado nonprofit
corporation (herein "Company "), WITNESSETH:
That City for and in consideration of the sum of $10.00 and other good and valuable
consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm unto the Company, its successors and assigns forever, all the real property
situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more
particularly described as Lot 58, Pueblo Memorial Airport Industrial Park Subdivision (herein
"Property), with all its appurtenances, and warrant the title to the same, subject to easements, rights
of way, conditions, restrictions and reservations of record and easements for existing utilities,
sanitary sewer, water, irrigation and natural gas lines on, over or under the Property and to the
following covenants, conditions, and restrictions which are and shall be construed to be covenants
running with .the land described herein and binding upon the Company, its successors and assigns
and inuring to the benefit of the City, its successors and assigns.
City reserves unto itself and its successors and assigns, for use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the Property,
together with the right to cause in the airspace above the surface of the Property such noise as be
inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in
said airspace, and for use of the airspace above the surface of the Property for landing on, taking off
from, or operation on or over the Pueblo Memorial Airport.
2. Company expressly agrees for itself, its successors and assigns to restrict the height
of structures, objects of natural growth and other obstructions on the Property, to a height of not
more than 4,700 feet above the mean sea level. In the event this covenant is breached, City reserves
the right to enter upon the Property at the expense of the Company to remove the offending structure
or object and to cut the offending growth.
3. Company expressly agrees for itself, its successors and assigns, that it will prevent
any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo
Memorial Airport, or otherwise constitute an airport hazard.
4. The Property and its use are further subject to the following Restrictive Covenants:
(a) The Property may be used only for industrial and manufacturing facilities
and incidental office uses. The Property shall not be used for smelting or plating operations, or for
the storage or processing of putrescible materials, or for any purpose or business which constitutes
a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or
diesel fuel used in connection with the business conducted on the Property but not for sale at retail
or wholesale may be stored on the Property in an environmentally sound manner.
(b) Outdoor storage shall not be permitted except for storage of equipment used
in the facility. Parking areas for vehicles and roads on the Property shall be paved.
(c) The Property shall not be subdivided and no building or structure over sixty
(60) feet in height shall be installed or constructed on the Property.
(d) No structure or building shall be constructed or installed nearer than seventy -
five (75) feet of the right of way line of United Avenue, or twenty -five (25) feet of the right of way
line of any other abutting streets. There must be installed and maintained a minimum thirty -five
(35) foot strip of living landscaped ground along and adjacent to United Avenue, and twenty -five
(25) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25)
feet. Unless a permit is issued by the Director of Public Works specifying and approving access,
vehicular access to and from the Property and United Avenue is prohibited.
(e) Company shall keep and maintain the Property and all buildings, landscaping
and improvements located thereon in a good, clean, safe and orderly condition free of waste,
-2-
rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly
areas of the Property.
(f) Company shall comply with notifications and review requirements of the
Federal Aviation Administration prior to the construction, modification or alteration of any building
or structure on the Property.
(g) Company shall, at its own expense, cause all utilities and roads used or to be
used on the Property to be extended from adjacent streets, installed on the Property, and kept and
maintained in good order and condition.
(h) Company shall pay to City a combined service fee for services and facilities
now furnished by City at the Pueblo Memorial Airport, namely: public street maintenance, fire
protection, and street lighting based upon $295.00 per acre per annum payable monthly for each acre
of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or
all of the services or facilities presently being furnished and may modify, increase, or decrease the
annual combined service fee provided (1) such services and fee shall be non - discriminatory among
other tenants and owners of land at Pueblo Memorial Airport receiving such services and facilities,
and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the
services and facilities then being furnished. City's cost may include the cost of capital
improvements amortized over the useful life of the improvements. Waste water discharged from
the Property is transported to and treated at City's waste water treatment facilities, Company and the
wastewater so transported and treated are subject to the same restrictions, limitations, conditions,
fees, and charges as other users of City's sanitary sewer system and facilities. Company shall only
discharge domestic waste water into the City's sanitary sewer system.
(i) Company shall provide for storm water drainage which shall include the
construction and installation of storm water detention facilities on the Property. The detention
facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm.
The maximum release rate from the detention facility at the ponding depth corresponding to the 10-
year volume shall be .30 cfs /acre and 1.00 cfs /acre for the 100 -year ponding depth. All calculations
and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of
discharge from the detention facility shall be at a location approved by the Director of Public Works.
(j) Before commencing the construction, installation or alteration of any
building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping
on the Property, the Company shall submit to and have approved by the City in writing the site plans
and plans and specifications therefor. City's approval will not be unreasonably withheld. In the
event the City or its designated representatives shall fail to approve or disapprove such plans and
specifications within twenty -five (25) working days after they have been submitted to the City, such
approval will not be required and this covenant will be deemed to have been complied with.
Company shall use its best efforts to assure that all buildings constructed on the Property will be
architecturally and aesthetically compatible with buildings constructed at the Pueblo Memorial
-3-
Airport industrial park since 1985. All buildings, improvements and activities on the Property shall
be constructed and conducted in compliance with all applicable federal, state and local law,
regulations, and codes.
(k) City reserves the right to waive all or any part of these Restrictive Covenants.
5. At the request of City, Company shall meet and in good faith confer with City
concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any
part thereof, including without limitation, the Property becomes eligible for annexation.
6. Invalidation of any one of the foregoing covenants, conditions, restrictions or
reservations by judgment or court order or otherwise shall not affect any of the other of said
covenants, reservations, restrictions or conditions which shall remain in full force and effect.
7. City shall have the right to enforce the restrictions, covenants and conditions hereof
by injunction or other lawful procedure and to recover damages, costs, expenses, including
reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement.
[SEAL] PUEBLO DEVELOPMENT FOUNDATION
ATTEST:
BY
P '
Secretary
[SEAL]
ATTEST:
City Cie
PUEBLO, A MUNICIPAL CORPORATION
By A
Pres' ent of the elty Council
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
-4-
The foregoing instrument was acknowledged before me this
19_ by as President and
of Pueblo Development Foundation, a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires:
[SEAL]
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
day of
Notary Public
The foregoing instrument was acknowledged before me this day of
19_ by as President of the City Council and
as City Clerk of Pueblo, Colorado, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
[SEAL]
Notary Public
as Secretary
J;\ CrlY \PDI��STIELTTLDG \NO.7\WDEED.WPD -5-