HomeMy WebLinkAbout8828RESOLUTION NO. 8828
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 SHELL BUILDINGS, AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE THE AGREEMENT AND
THE WARRANTY DEED THEREIN DESCRIBED, 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 BUILDINGS
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 October 25, 1999 and Warranty Deed attached
thereto, copies of which are attached hereto and incorporated herein, having been approved as to
form by the City Attorney, and the transfer of land described therein, 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 attached 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 $1,395,000 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
Shell Buildings described in the Agreement.
SECTION 4
The City Council does hereby find and determine that the Agreement dated October 25, 1999
and the expenditure of funds described therein meets and complies with the criteria and standards
established by Ordinance No. 6381 and will create employment opportunities justifying the
expenditure of public funds.
AT'TEST:.
INTRODUCED: October 25, 1999
By Rich Golenda
Councilperson
r ED:
resident of the City Council
F \CITY\PDF\SHELIILDG \1999 \RESOLUTI.WPD -2-
AGREEMENT
THIS AGREEMENT entered into as of the 25th day of October, 1999 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 ( "FAA "),
transfer to Foundation the parcels of land at Pueblo Memorial Airport (the "land ") by deed in
substantially the same form as the Warranty Deed attached hereto. Foundation will construct a
50,000 square foot shell building on Lot 1, Pueblo Memorial Airport Industrial Park Subdivision,
Third Filing, and a 26,000 square foot shell building on Lot 6, Pueblo Memorial Airport Industrial
Park Subdivision, Third Filing (the "Buildings "). Foundation will make the Buildings and land
available by purchase or lease to companies who will locate and conduct manufacturing or industrial
businesses on the land and Buildings. No transfer or lease of the land or Buildings 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 $1,395,000 from the City's 1992 -2001 Sales and Use Tax Capital Improvement Project Fund
to be used solely for the construction of the Buildings. No funds shall be advanced to Foundation
except pursuant to approved and verified requests for payment and appropriate lien waivers 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 Buildings will be constructed in compliance with all applicable codes, laws
and regulations after approval of the construction by FAA. PDF shall protect the land and Buildings
from all encumbrances and liens, including mechanics' liens, and shall cause all such liens or claims
of liens to be discharged and released.
3. Foundation will reimburse City out of the proceeds received by Foundation from the
sale or lease of the land and Buildings 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 Buildings are leased, Foundation
will execute and deliver to City its promissory note 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,
secured by a first deed of trust on the land and Buildings.
4. The attached Warranty Deed for the parcels of 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 and, if appropriate, Foundation's promissory note and deed
of trust. If Foundation does not sell or lease the land and Buildings to an approved purchaser within
thirty -six (36) months from date hereof, the Buildings will become the property of the City and
Foundation will convey title to the Buildings 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 Buildings 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 Buildings at their full insurable value and City shall be
named as loss payee on all such insurances.
?. 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 I PU B A MUN A ORPORATION
ATTEST: ��.�4.J` By
City C resident of the City Council
[SEAL]
ATTLS'�: B
�✓ Y
See ret ry
PUEBLO DEVELOPMENT FOUNDATION
President
F. \CITY\PDF \SHEL6LDG \1999 \AGREEMNT.WPD -2-
1U
ARCHITECTS INC.
John C. Hurtig
James H. Gardner
Norman - E. Froelich
John M. Barnosky
October 6, 1
Joseph A. Fortino
Pueblo Development Foundation
P.O. Box 1663
Pueblo, CO
Re: Shell Buildings No. 9 &10
Tony:
Bids were received September 21, 1999 for Shell Buildings 9 & 10 to be constructed on the opposite
corners of William White Blvd and Weisbrod Way, Pueblo Airport Industrial Park.
Whitlock Construction is the apparent low bidder. Both buildings are included within one price. We
recommend awarding the construction contract to Whitlock as follows:
Base Proposal
$1,279,000
Accept Alternate No. 1 (deduct) for steel "H" piling in
$ (5,000)
lieu of concrete caissons
Accept Alternate No. 2 (add) for structural silicons
$ 7,200
glazed window system in lieu of standard flush glazing
Accept Alternate No. 3 (add) to provide additional
$ 9,561
steel girts at bearing walls as per Loren Kilstofte to
provide L/360 in lieu of L /180
TOTAL
$1,290,761
OCT 3 1999
I L 4
Y
Page 2 — Joseph A. Fortino
October 6, 1999
Shell Buildings No. 9 & 10
Project costs date are as follows:
1)
Survey and site grading plan - Complete (Mangini & Associates)
$ 7,900.00
2)
Plan Review (Pueblo Regional Building Department)
$ 2,377.25
3)
Soil Test Borings - Complete (Kleinfelder) $1,900 each building
$ 3,800.00
4)
Soil Compaction and Concrete Testing during construction (estimated at
$3,000 per building)
$ 6,000.00
5)
Driven piling observation (estimated at $1,500 per building)
$ 3,000.00
6)
HGF A/E Fees @ 4.5% of total construction costs
$ 58,084.25
HGF Reimbursables - Printing of Plans & Specs $1,986.00
Advertisement in Pueblo Chieftain $20.16
Pueblo County Access Permit $100.00
$ 2,106.16
5)
General Contractor (Whitlock)
$ 1,290,761.00
6)
Contingency (1.5 %)
$ 9,361
TOTAL OPINION OF PROBABLE COSTS TO DATE
1,393
If you have any questions, please call.
Sincerely,
oHurtig, P ' cipal chitect
S,
,390.07
WARRANTY DEED
THIS DEED, made this day of 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 Lots 1 and 6, Pueblo Memorial Airport Industrial Park Subdivision, Third
Filing (herein "Property), with all its appurtenances, and warrant the title to the same, subject to
easements, rights of way, 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.
1. 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 4,670 feet above the mean sea level.
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. 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.
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 William White Boulevard, 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 William White Boulevard, and
twenty -five (25) feet adjacent to other abutting streets. Minimum side and rear yard 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 William White Boulevard is
prohibited.
(e) Company shall keep and maintain the Property and all buildings, landscaping
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and improvements located thereon in a good, clean, safe and orderly condition free of waste, 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 (i) 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. If wastewater discharged from the Property is
transported through City's wastewater collection system and treated at City's waste water treatment
facilities, Company and the wastewater so transported and treated shall be 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 wastewater 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.
0) 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
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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 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
President
Secretary
[SEAL] PUEBLO, A MUNICIPAL CORPORATION
ATTEST:
By
President of the City Council
City Clerk
W
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this day of
by as President and
as Secretary of Pueblo Development Foundation, a Colorado
nonprofit corporation.
Witness my hand and official seal.
My commission expires:
[SEAL]
Notary Public
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this day of
by as President of
the City Council and _
Municipal Corporation.
Witness my hand and official seal.
My commission expires:
[SEAL]
as City Clerk of Pueblo, Colorado, a
Notary Public
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