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HomeMy WebLinkAbout8699RESOLUTION NO. 8699 A RESOLUTION APPROVING AN AGREEMENT, EXHIBIT D BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, COLORADO HISTORICAL SOCIETY RELATING TO A GRANT FOR THE PROPERTY OF THE D &RGW FREIGHT STATION PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo is the property owner in fee simple of certain real property in Pueblo County, Colorado, which the property is listed in the State Register of Historic Properties as the Rio Grande Freight House located at 223 & 302 W. "B" Street, Pueblo Colorado 81003. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An Agreement, Exhibit D dated May 10, 1999, between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Colorado Historical Society, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3 This resolution shall become effective upon final passage. INTRODUCED: MAY 10 1999 M APPROVED: t : h t-- t-- ATTEST: ITY CLERK . ■ ■ f A■ ■ M A ! t A M A mom A/ A� — �Vt„IIIViI 4CIIUC! A RESOLUTION APPROVING N AGREEMENT, EXHIBIT D BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, COLORADO HISTORICAL SOCIETY RELATING TO A GRANT FOR THE PROPERTY OF THE D&RGW FREIGHT STATION PROJECT AND AUTHORIZING THE Title PRESIDENT OF COUNCIL TO EXECUTE SAME Agenda Item # 1 Department: PLANNING Date: _MAY 10, 1999 ISSUE Should the City Council approve an Agreement, Exhibit D between the City of Pueblo and the State of Colorado, Colorado Historical Society relating to a grant for the property of the D &RGW Freight Station project? BACKGROUND The project is located at the corner of West "B" Street and Victoria Avenue within the Union Avenue Historic Business Zone District. The property is owned by the City of Pueblo. The Agreement, Exhibit D is part of an Agreement the Southeastern Colorado Heritage Center is entering with the State Historical Fund for Phase I Restoration of the Freight Station in the amount of $100,000. The City is providing local match in the amount of $50,000. Exhibit D is a standard agreement included in all State Historical Fund grants. By executing this Agreement the City and /or its assigns are required to uphold the Secretary of the Interior's Standards for Restoration for the proceeding 10 years, other historic preservation conditions to protect the resource and the site, and includes a recapture condition if the building would ever be sold. The D &RGW Freight Station project goal is for the preservation, and reuse of the freight depot building in the Union Avenue Historic District. The proposed uses for the facility will consist of a museum, research library, bicycle trail -head center, railroad rolling stock exhibit, public market, public parking for the area. Overall, this project is viewed as a multi -use facility with great potential for the enhancement of tourism and economic development in the lower downtown area. The Southeastern Colorado Heritage Center Board is actively engaged in fund raising the remainder of the project. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Financial impact of this Agreement would occur with a recapture of grant funds in the event the property would be sold or violation of preservation conditions in the Agreement within the first 10 years from the date of this Agreement. ID o � 1 AGREEMENT EXHIBIT D This Agreement made this Q�IL day of� , 1999 by and between the State of Colorado, for the use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, herein referred to as the Society, and the Southeastern Colorado Heritage Center, Project #99 -P2 -010, 217 South Grand Avenue, Pueblo, Colorado 81002 , herein referred to as the Grant Recipient, on behalf of the City of Pueblo (Owner of Property), 91 City Hall Place, Pueblo, Colorado 81003; Whereas, in accordance with the criteria set forth in the State Historical Fund (SHF) Application Guidelines, the Grant Recipient has applied to the Society and has been selected to receive a State Historical Fund Grant award for the preservation of the property herein described; and Whereas, the City of Pueblo is the owner in fee simple of certain real property in Pueblo County, Colorado, which property has been listed in the State Register of Historic Properties as the Rio Grande Freight House located at 223 & 302 W. "B" Street, Pueblo, Colorado 81003, hereinafter referred to as the "Property ", and which Property is more particularly described as follows: See Page 3 for Legal Description. NOW THEREFORE, in consideration of the sum ofone hundred thousand dollars (S 100,000) received as a grant from the State Historical Fund, the Owner hereby agrees to the following for a period of ten (10) years commencing on the date of this Agreement. Without the express written permission of the Society, no construction, alteration, or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural appearance of the Property, adversely affect the structural soundness of the Property, or encroach on the open land area on the Property; provided, however, that the reconstruction, repair, or restoration of the Property, damage to which has resulted from casualty loss, deterioration, or wear and tear, shall be permitted subject to the prior written approval of The Society, provided that such reconstruction, repair, or restoration is performed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Presen•ing, Rehabilitating, Restoring, and Reconstructing Historic Buildings, issued and as may from time to time be amended by the U.S. Secretary of the Interior, hereinafter collectively referred to as the "Standards ". In all events, the Owner further agrees at all times to maintain the Property in a good and sound state of repair and to maintain the Property according to the Standards so as to prevent deterioration of the Property. No buildings, structures or other improvements not presently on the Property shall be erected or placed on the Property, except for temporary structures, such as scaffolding needed to assist workmen; provided, however, that the Owner may, under appropriate circumstances and with prior written approval from and in the sole discretion of the Society, erect such buildings, structures or improvements which will, in the opinion of the Societv, in no wav detract from the historic integrity of the property, and which in all ways otherwise conform to the Standards. No signs, billboards, or advertisements shall be displayed on the Property; provided, however, that the Owner may, with prior written approval from and in the sole discretion of the Society, erect such signs as are compatible with the historic interpretation of the Property and appropriate to identify the Property and any activities carried on in the Property. Such approval from the Society shall not be unreasonably withheld. No topographical changes, including but not limited to excavation, shall occur on the Property; provided, however, that the Owner may, with prior written approval from and in the sole discretion of the Society, make such topographical changes as are consistent with the historic integrity of the Property. There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the Property; provided, however, that the Owner may with prior written approval from and in the sole Page 1 of 3 pages discretion of the Society, undertake such landscaping of the Property as is compatible with the historic integrity of the Property and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, the Owner shall maintain trees, shrubs, and lawn in a good manner and appearance, 6. No dumping of ashes, trash, rubbish or other unsightly or offensive materials shall be permitted on the Property. 7. No utility transmission lines, except those reasonably necessary for serving the existing Property, may be created on the Property, subject to utility easements already recorded. S. In the event of severe damage or total destruction to the Property (defined. for the purposes of this Agreement, as sudden damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) this Agreement shall terminate as of the date of such damage or destruction. 9. The Society, or a duly appointed representative of the Society, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. 10. To the extent authorized by law, the Grant Recipient shall indemnify, save and hold harmless the Society, its employees, officers, and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Grant Recipient, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Agreement. 11. The following recapture provision shall apply to all individual and private - fur - profit grant recipients: In the event that the property, as a whole, is sold within a five -year period after completion of the project, the following recapture provision shall apply: If the property is sold within the first year after completion, one - hundred percent (100 %) of the funds awarded shall be returned to the State, with a twenty percent (20 %) reduction per year thereafter. 12. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, the Society may, following reasonable notice to the Grant Recipient, institute suit to enjoin said violation or to require the restoration of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by the Society. The Society shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees. 13. The failure of the Society to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise of anv other right or remedy or the use of such right or remedy at anv other time. This Agreement shall be enforceable in specific performance by a court of competent jurisdiction. Signature, Owner of Property Signature, Grant Recipient Typed name and title of Grant Recipient Georgianna Contiguglia, President Colorado Historical Society Page 2 of 3 pages � � O r t 1/7 cam" 1 C �t s �� p reVI ' VA-S / -de- vv�- City of Pueblo EXHIBIT D Restoration and Rehabilitation of the D&RGW Freight Station Project #99 -P2 -010, Phase I of 11 phases LEGAL DESCRIPTION Those portions of Blocks 28 and 38, and those portions of the vacated streets and alleys adjacent thereto in the former Town of South Pueblo, now a part of said City of Pueblo, described as follows: BEGINNING at the most southerly corner of Block 38, in the former Town of South Pueblo, now a part of said City of Pueblo: Thence North 45' 02'46" West (bearings based on the survey reference line of "C" Street from the intersection of Third Street (known as Lamkkin Street) and "C" Street monumented with a concrete- monument with PK nail in cast iron monument box and the intersection of Fourth Street (known as Victoria Avenue) and "C" Street monumented with a concrete nail with 4 city straddlers assumed to bear South 45' 01'16" East] along the northeasterly line of "B" Street a distance of 680.90 feet, that is also the southwesterly line of said Blocks 38 and 28, as shown on the Plat of said Town of South Pueblo, to the most westerly corner of said Block 28; Thence North 45' 01'00" East, along the northwesterly line of said Block 28 a distance of 175.80 feet, to the most northerly corner of Lot 7 of said Block 28; Thence South 44' 59'00" East, along the northeasterly line of said Lot 7 of said Block 28, a distance of 300.00 feet, to the most easterly corner of Lot 26 of said Block 28, said corner being on the southeasterly line of said Block 28; Thence South 45' 01'00" West, along last said southeasterly line, that is also the northwesterly line of Third Street (known as Lamkin Street), as shown on Plat of said Town of South Pueblo, a distance of 24.46 feet, to the northwesterly prolongation of the northeasterly line of Lot 6 of said Block 38; Thence South 44' 58'50" East, along last said prolongation and said northeasterly line of said Lot 6, and also the southeasterly prolongation of last said northeasterly line, a distance of 380.68 feet, to the southeasterly line of said Block 38; Thence South 44' 55'58" West, along last said southeasterly line, that is also the northwesterly line of Fourth.Street (known as Victoria Avenue), as shown on said Plat of the Town of South Pueblo, a distance of 150.57 feet, to the POINT OF BEGINNING. page 3 of 3 pages