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Home My WebLink About8059Reception #: 1159266 Date: 03/03/1997 Time: 1154 Book: 2974 Page: 403 Chris C. Munoz Inst: RES R Fee: 15.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 3 Pueblo Co.Clk. &Rec. RESOLUTION NO. 8059 A RESOLUTION CONSENTING TO AN ASSIGNMENT BETWEEN NAVAJO SHIPPERS, INC. AND SWIFT TRANS- PORTATION CO., INC. AND APPROVING AN AGREEMENT AMENDING THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND NAVAJO SHIPPERS, INC. AND A WAIVER OF RESTRICTIVE COVENANT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Assignment dated January 6, 1997 between Navajo Shippers, Inc. and Swift Transportation, Inc., a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby consented to and approved. SECTION 2 The Agreement dated December 30, 1996 between the City of Pueblo and Swift Transportation Co., Inc., a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. SECTION 3 The Waiver of Restrictive Covenant dated February 24, 1997, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 4 The President of the City Council is authorized to execute and deliver in the name of the City the Agreement, Consent And Approval to the Assignment, and Waiver of Restrictive Covenant, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: February 24, 1997 City Cl Book: 2974 Page: 404 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk.&Rec. By Charles Jones Councilperson UU1 VOYM President 4 the City Council -2- AGREEMENT THIS Agreement entered into as of 0 f— L S - 0 , 1996 between Pueblo, a municipal corporation, with offices at 1 City Hall Place, Pueblo, Colorado (herein the "City ") and Swift Transportation Co., Inc., a Arizona corporation with offices at 2200 S. 75th Avenue, Phoenix, Arizona, 85043 (herein "Company "). WHEREAS, City and Navajo Shippers, Inc. (herein "Navajo ") entered into an Agreement dated April 22, 1996 relating to the construction and equipping of a trucking terminal facility at Pueblo Memorial Airport Industrial Park (the "Navajo Agreement "), and WHEREAS, Navajo has assigned and transferred to Company all of its right, title and interest in and to the Navajo Agreement and Company has accepted such assignment and transfer and agreed to perform all of the covenants and obligations on the part of Navajo to be performed thereunder, and WHEREAS, City and Company desire that certain provisions of the Navajo Agreement be modified and amended. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Company agree as follows: 1. The capitalized terms contained herein shall have the same meaning as those terms are defined and used in the Navajo Agreement except: (a) "Company" shall mean Swift Transportation Co., Inc. (b) "Warranty Deed" shall mean the Warranty Deed from City to Navajo dated April 23, 1996 and recorded August 9, 1996 in Book 2919, at Page 255, Reception No. 1134805 of the records of the Pueblo County Clerk and Recorder. 2. Company will construct and equip the Facility on the Property on or before October 31, 1997 and the expiration date of the one (1) year period after closing described in paragraph 5(a) of the Navajo Agreement is extended to October 31, 1997. 3. The expiration date of the two (2) year period after closing described in paragraph 5(c) of the Navajo Agreement is extended to October 31, 1998. 4. The expiration date of the one (1) year period after date of Warranty Deed described in paragraph 5 of the Warranty Deed is extended to October 31, 1997. 5. The terms, covenants, and provisions of the Navajo Agreement as modified and amended by this Agreement shall remain in full force and effect and shall be binding upon and inure to the benefit of the City and its successors and assigns and shall be binding upon and inure to the benefit of Company and its successors and assigns the same as if Company were originally signatory thereto. Executed at Pueblo, Colorado, the day and year first above written. PUEBLO, a Municipal Corporation By President of t9e Cit Council Attest: "' P, City Cler SWIFT TRANSPORTATION CO., INC. By Title: President Attest: Title: Executive Vice President On this 3d0 day of bzll P.+'r� &4 , 19 , before me personally appeared Jerry Moyes to me known to be the person described herein, and who executed the foregoing instrument and who acknowledged that Jerry Moyes voluntarily executed the same. OFFICIAL SEAL KELLY ANDREGG Notary Public. Stata of Arizona ys MARICOPA COUNTY S al WCwn.EigIrmAug.14,1999 Notary Ddblic On this �304k- day of ice/ , 190 , before me personally appeared Rodney K Sartor to me known to be the person described herein, and who executed the foregoing instrument and who acknowledged that Rodney K. Sartor voluntarily executed the same. OFFICIAL SEAL KELLY ANDREGG Notary P01 of Arizona MARIC� .. I:MY My Cryrr". FjoIr?s'M. 1 999 Notary Pu On this 24th day of February , 19 97 , before me personally appeared Cathy A. Garcia to me known to be the person described herein, and who executed the foregoing instrument and who acknowledged that Cathy A. Garcia voluntarily executed the same. seal Notary Public -2- ASSIGNMENT THIS ASSIGNMENT entered into �,¢J� �� , 1997 between Navajo Shippers, Inc., a Colorado corporation (herein "Navajo ") and Swift Transportation Co., Inc., a n Arizona corporation (herein "Swift "), WITNESSETH: WHEREAS, Swift has acquired certain assets of Navajo used in the dry van division of Navajo and its subsidiaries, and WHEREAS, Navajo entered into an Agreement dated April 22, 1996 with the City of Pueblo, a Municipal Corporation (the "City ") relating to the constructing and equipping of a trucking terminal facility at Pueblo Memorial Airport Industrial Park (the "City Agreement "), and WHEREAS, Navajo desires to assign and transfer to Swift all of its interest in the City Agreement and Swift is willing to accept such assignment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, Navajo and Swift agree as follows: 1. Navajo does hereby assign and transfer to Swift all of Navajo's right, title and interest in and to the City Agreement. Swift acknowledges receipt of a copy of the City Agreement and accepts such assignment and transfer of the City Agreement. Swift agrees to timely perform all of Navajo's covenants and obligations under the City Agreement and to indemnify and save harmless Navajo therefrom. 2. Swift and Navajo acknowledge and agree that title to the Property described in the City Agreement was conveyed by the City to Navajo by Warranty Deed dated April 23, 1996 recorded August 9, 1996 in Book 2919, at Page 255, Reception No. 1134805 of the records of Pueblo County, Colorado. Navajo has or will convey title to the Property to Swift and agrees to execute and deliver to Swift all deeds and documents required therefor. 3. This Assignment will become effective upon the consent and approval of the City and thereafter shall be binding upon and inure to the benefit of Navajo and Swift and their respective successors and assigns. Executed as of the day and year first above written. NAVAJO SHIPPERS, INC. SWIFT TRANSPORTATION CO., INC. By By Title: Title: President L -J J Attest: Title: Z, � 1 Attest: �� \�_ - L_ Title: Executive Vice President CONSENT AND APPROVAL The City of Pueblo, a municipal corporation does hereby approve and consent to the foregoing Assignment of the City Agreement to Swift Transportation Co., Inc. (herein "Swift ") and the release of Navajo Shippers, Inc. (herein "Navajo ") from all obligations and covenants thereunder, on the express condition that Swift shall timely perform all of the covenants and obligations on the part of Navajo to be performed under the City Agreement, and that no further assignment of the City Agreement shall be made without further prior written consent of the City of Pueblo. Executed at Pueblo, Colorado, this day of = 1997. Attest: City Cler PUEBLO, a Municipal Corporation By President 011ie Vty Council On this 0 Vr, day of 19 before me personally appeared Jerry Moyes to me known to be the person described herein, and who executed the foregoing instrument and who acknowledged that Jerry Moyes voluntarily executed the same. 0 OFFICIAL SEAL KELLY A L SEAL Nbiary Public - Slate EG MARICOPACOUNTY Notary Public My Corm. EVIres Aug. 14,1999 On this 3 C h day of ` �ZZC Pi1�rL ' 199 _, before me personally appeared Rodney K Sartor to me known to be the person described herein, and who executed the foregoing instrument and who acknowledged that Rodney K. Sartor voluntarily executed the same. KELLY ANOREGGeal Notary Public -Slate otAtiaore MARICOPA COUNTY My Gorton E*res Aug. 1*'0 On s (p - day MY COMMISSION RXPIRBS: Bonded T6rn NOTARY PUBLIC 9.220 n otary Public 19 17 , before me personally appeared me known to be the person described herein, and who execut'e'd d that voluntarily executed the same. -2- Book: 2974 Page: 405 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. WAIVER OF RESTRICTIVE COVENANT Pueblo, a municipal corporation is the grantor of the warranty deed dated April 23, 1996 and recorded in Book 2919, Page 255 of the records of the Pueblo County Clerk and Recorder conveying Lot 63, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado, (the "Property ") to Navajo Shippers, Inc. (the "Warranty Deed "). Pursuant to the authority reserved in paragraph 4(k) of the Warranty Deed, Pueblo, a municipal corporation, does hereby waive the Restrictive Covenant prohibiting vehicular access fro the Property to United Avenue set forth as the last sentence of paragraph 4(d) of the Warranty Deed. Executed at Pueblo, Colorado as of the 24th day of February, 1997. [SEAL] Attest: City Cler PUEBLO, a Municipal Corporation By President o the City Council STATE OF COLORADO ) ss. COUNTY OF PUEBLO' ) The foregoing instrument was acknowledged before me the 24th day of February, 1997 by Cathy Garcia as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a municipal corporation. My commission expires: 8 -21 -99 [SEAL] No ary Public 4 pF C�