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HomeMy WebLinkAbout10994RESOLUTION NO. 10994 A RESOLUTION APPROVING A STIPULATION AND AGREEMENT BETWEEN THE CITY OF PUEBLO AND CHARLES J. SANTANGELO AND KERRY M. KRAMER RELATING TO CONDEMNATION PROCEEDINGS TO ACQUIRE 120 S. MAIN STREET, PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1 The Stipulation and Agreement and the Lease between the City and Charles J. Santangelo and Kerry M. Kramer, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is hereby authorized to execute the Stipulation and Agreement and the Lease in the name of the City with such changes and modifications thereto as the President of the City Council and City Attorney may determine to be in the best interest of the City. The City Clerk is directed to affix the seal of the City to the Lease and attest same. SECTION 2 Funds in the amount of $250,000 are hereby authorized to be transferred from the Police Building Project for such purpose. INTRODUCED April 23, 2007 BY Randy Thurston Councilperson APPROVED: RRESIDIENTof City Council ATTESTED BY: CITY CLERK / o 4 9 o 0 Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: April 23, 2007 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING A STIPULATION AND AGREEMENT BETWEEN THE CITY OF PUEBLO AND CHARLES J. SANTANGELO AND KERRY M. KRAMER RELATING TO CONDEMNATION PROCEEDINGS TO ACQUIRE 120 S. MAIN STREET, PUEBLO, COLORADO ISSUE Should the City Council approve the stipulation and agreement to resolve the condemnation proceedings to acquire 120 S. Main Street, Pueblo, Colorado? RECOMMENDATION Approve the stipulation and agreement. BACKGROUND In order to acquire title to 120 S. Main Street, Pueblo, Colorado, for the police building project, the City instituted condemnation proceedings in the Pueblo County District Court, Civil Action No. 2006 CV 1228. Through negotiations and after discovery and appraisals of the property, City and Charles J. Santangelo and Kerry M. Kramer as the owners of the property have agreed to a disposition and settlement of the condemnation proceedings for $250,000 representing $185,000 for the market value of the property and attorney fees, and $65,000 for relocation benefits, appraisal fees, expert witness fees, interest and costs and expenses incurred by the property owners in the condemnation proceedings. City will lease the property free of rent to the owners for a term to expire no later than September 1, 2007. $250,000 will be transferred from the Police Building Project account for such purpose. FINANCIAL IMPACT See Background. DISTRICT COURT, PUEBLO COUNTY, COLORADO Court Address: 320 W. 10` Street, Pueblo, CO 81003 Petitioner: PUEBLO, a Municipal Corporation V. Respondents: CHARLES J. SANTANGELO, KERRY M. KRAMER, and AURELIO SISNEROS, as County Treasurer of Pueblo County, Colorado ♦ COURT USE ONLY Attorneys for Petitioner: Thomas E. Jagger, Atty Reg. No. 1593 Robert P. Jagger, Atty Reg. No. 24614 503 N. Main Street, Suite 127 Pueblo, Colorado 81003 Telephone No. (719)545 -4412 Fax No. (719)545 -4301 E -mail: shelleymedina @jaggerlaw.com 2006 CV 1228 Case Number Attorney for Charles J. Santangelo and Kerry M. Kramer: Mark E. May, Arty Reg. No. 12049 Division E May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112 -6839 Telephone No. (720)529 -1300 Fax No. (720)529 -4818 E -mail: mmay @m ayandassociates.com STIPULATION AND AGREEMENT RECITALS A. City has commenced these condemnation proceedings to acquire possession, use and fee simple title to Lot 10, Block 70, South Pueblo, Pueblo County, Colorado ( "Property ") from Respondents Charles J. Santangelo and Kerry M. Kramer ( "Landowner Respondents "). B. Landowner Respondents own fee simple title to and are in possession of the Property. C. Petitioner and Landowner Respondents are willing to resolve these condemnation proceedings upon the terms and conditions set forth herein. STIPULATION AND AGREEMENT 1. -Petitioner has paid to Landowner Respondents the sum of $250,000 and Landowner Respondents have accepted the $250,000 in full and complete satisfaction, accord and discharge of all compensation for their right, title and interest in and to the Property and attorney fees ( "Compensation ") and for all claims they have or may have in the nature of or relating to (a) relocation benefits, (b) appraisal fees, (c) expert witness fees, (d) interest, and (e) costs and expenses incurred in these proceedings (herein collectively "Costs"), The $250,000 is allocated as follows: $185,000 for Compensation and $65,000 for Costs. 3. The Stipulated Order Vesting Title and Possession attached hereto as Exhibit "A" is hereby approved and accepted by Petitioner and Landowner Respondents and same shall be presented to the District Judge in these proceedings for approval and execution. 4. Petitioner and Landowner Respondents shall enter into the Lease attached hereto as Exhibit `B ". This Stipulation and Agreement shall be filed with the District Court. Approved and accepted this 0 1D day of April, 2007. PETIT - CITY OF PUEBLO Or By �- lj _�U�V Thomas E. Jagg Atty Reg. #1593 Presid6fit oft e City Council Mark E. May Arty Reg. #12049 LAN E RESP DE hTS r Charles J. S ngelo Ke M. Kra er tom/ -2- May 04 07 08:52a May & Associates STIPULATION AND AGREEMEN'1" 1. Petitioner has paid to Landowner Respondents the sran or z;2. C? }0 and Landowner Respondents have accepted the $250,000 in. full and cOnTlete sati facsir, -n, c_c �:7rr aund discharge of all compensation for their right, title and interest in and *0 1 , 1 11c Proper �y ,r,; attar e fees ( "Compensation ") and for all claims they have or ii-Lay have in the r, ture. of of r: i:a i.ig to {r:) relocation benefits, (b) appraisal fees, (c) expert witness fees, (d) interest, as fl , ;rsts a"d expenses incurred in these proceedings (herein collectivoly "Cosa" }. 2. ?'he $250,000 is allocated as follows. S i 5,000 for C xrp• °rsutio'y su 7't:` ` -,000 =r, Costs 3. The Stipulated Order Vesting Title and Possession attached is hereby approved and accepted by Petitioner and Landowner s_ r - a u ss , s . i'. 1:=a presented to t.i:a _n; triet 3udge in these proceedings for apptvval .l ::" - tti• r. 1. Petitioner and Landowner Respondents shall ent f- as Exhibit "L+ 790 -` 29 -4919 3 5. This Stipulation and Agreement shall be filed with the Di.stric'. Cc ?ur- Approved and accepted this day of April, 2007. By PETITION°rk LT< c President of Ke �;t;� ::c.enci' l'hom s E. Sagge -. Atty Reg. #1593 Mark E. May Atty Reg # 2049 LAN B It -2- Cltaries.,. 5an.. ,. Isom M. '_{rau,w DISTRICT COURT, PUEBLO COUNTY, Court Address: 320 W. 10` Street, Pueblo, Petitioner: PUEBLO, a Municipal Corporation V. Respondents: CHARLES J. SANTANGELO, KERRY M. KRAMER, and AURELIO SISNEROS, as County Treasurer of Pueblo County, Colorado 3's nu A COURT USE ONLY S 2006 CV 1228 Case Number Division E STIPULATED ORDER VESTING TITLE AND FOR POSSESSION This matter comes before this Court on the Stipulation and Agreement of Petitioner and Respondents Charles J. Santangelo and Kerry M. Kramer ( "Landowner Respondents "), and the Court being fully advised does hereby find, adjudge and order: 1. Petitioner has authority to exercise the right of eminent domain; that the property sought to be taken herein is subject to the exercise of such right; and that such light is not being improperly exercised in these proceedings. 2. Fee simple title in and to Lot 10, Block 70, South Pueblo, County of Pueblo, State of Colorado, street address: 120 S. Main Street, Pueblo, Colorado, 81003, is vested in Petitioner and Petitioner is authorized to take immediate possession of, enter upon, and use said property. 3. Landowner Respondents shall pay to the Pueblo County Treasurer all general property taxes levied and assessed against,the property for the year 2006 and for the period from January 1, 2007 to date of this Order. 4. Each party shall pay their own attorney and appraisal fees, costs, and expenses of these proceedings. Entered this �'// day of4 6007. BY THE COURT: /7 DISTRICT COURT JUDGE xc: Thomas E. Jagger Mark E. May 17 8 26132 ORDER 05/14/2007 04:54:30 PM G,y lbet o rtiz Clerke/Reeorder, Pueblo County, Cc ®iii K F rIOWN 11111 LEASE THIS LEASE entered into as of April 23, 2007 by and between Pueblo, a Municipal Corporation (the "Lessor ") and Charles J. Santangelo and Kerry M. Kramer (the "Lessee "), WITNESSETH: WHEREAS, Lessor anticipates that it will be the owner on Commencement Date as herein defined of Lot 10, Block 70, South Pueblo, County of Pueblo, State of Colorado, Street Address: 120 S. Main Street, Pueblo, Colorado, 81003 (the "Leased Premises "), and WHEREAS, Lessee is desirous of leasing the Leased Premises and Lessor is willing to lease the Leased Premises to Lessee upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual promises, covenants and conditions contained herein, Lessor and Lessee hereby agree as follows: Article 1. Leased Premises 1.01 Effective on Commencement Date, Lessor leases to Lessee and Lessee leases from Lessor, subject to the covenants, provisions and conditions herein, the Leased Premises. 1.02 This Lease and Lessee's use of the Leased Premises are subject to the easements, rights -of -way, covenants, conditions, restrictions, reservations and limitations appearing of record, and all applicable zoning and land use laws, ordinances, codes and regulations governing and regulating the Leased Premises and its use. Article 2. Term The Term of this Lease shall commence on the date the Court enters an Order Vesting Title in Civil Action No. 2006 CV 1228, Pueblo County District Court ( "Commencement Date ") and end on September 1, 2007, provided, however, that Lessee shall take reasonable efforts to vacate the Leased Premises and end this Lease on an earlier date. If Lessee vacates the Leased Premises on an earlier date, Lessee shall immediately give notice thereof to Lessor. Article 3. Rent 3.01 Lessee shall pay no rent to Lessor for the use and occupancy of the Leased Premises. 3.02 It is the intent of the parties hereto that this Lease is a "triple net" lease with Lessor incurring no obligation, monetary or otherwise, hereunder. Article 4. Use of Leased Premises 4.01 The Leased Premises shall be used and occupied by Lessee for a woodworking and carpenter business and for no other purpose. 4.02 Lessee shall use the Leased Premises in a careful, safe and proper manner in compliance with all laws and regulations applicable to the Leased Premises and Lessee's use thereof. Lessee shall not cause, maintain or permit any nuisance or waste in, on, or about the Leased Premises. Article 5. Condition of Premises 5.01 IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTY OR REPRESENTATION OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR REPRESENTATION AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, PHYSICAL OR ENVIRONMENTAL CONDITIONS, UTILITIES, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE LEASED PREMISES WITH GOVERNMENTAL AND ENVIRONMENTAL LAWS AND REGULATIONS, THE TRUTH, ACCURACY OR COMPLETENESS OF ANY DOCUMENT OR OTHER INFORMATION PROVIDED TO LESSEE BY LESSOR OR ANY OTHER PERSON, OR ANY OTHER MATTER OR THING REGARDING THE LEASED PREMISES. 5.02 The taking of possession of the Leased Premises by Lessee on Commencement Date shall be conclusive evidence that the Lessee accepts the Leased Premises in its then present condition "AS IS, WHERE IS, WITH ALL FAULTS" and that the Leased Premises are in good and satisfactory condition at the time such possession was taken. 5.03 During the effective term of this Lease, Lessor shall permit vehicular access to the Leased Premises from "D" Street over Lessor's property at such locations as Lessor shall designate; provided, however, that (a) direct vehicular access to the Leased Premises may be restricted by a construction fence and gate through which temporary vehicle access to the Leased Premises will be permitted at reasonable times by Lessor when needed by Lessee, and (b) Lessee shall park its vehicles on Lessor's property immediately southwest of such construction fence. Article 6. Alterations and Improvements 6.01 Lessee shall not make any additions, alterations or improvements in or to the Leased Premises ( "Alterations ") without Lessor's prior written consent. Lessee shall not permit or allow any lien to be filed or recorded against the Leased Premises or Lessor's interest therein, and Lessee shall fully cooperate with Lessor in obtaining the protection afforded Lessor under Section 38 -22- 105, C.R.S. All Alterations made in or to the Leased Premises by Lessee shall become part of the Leased Premises and be surrendered with the Leased Premises at the termination of this Lease. 6.02 All equipment, fixtures and improvements of a detachable or temporary nature installed or placed upon the Leased Premises by Lessee, including trade fixtures, shall remain the -2- property of Lessee, subject to Lessee's right, at its option, to remove same not later than ten (10) days after termination of this Lease. The failure of Lessee to remove its equipment, fixtures and detachable improvements within ten (10) days after termination of this Lease shall, at the option of Lessor, be deemed an abandonment of such property and Lessor may dispose of such property as the Lessor, in its sole discretion, may determine. Article 7. Repairs and Maintenance Lessor shall not be obligated to repair, maintain or alter the Leased Premises or any part thereof. Lessee, at its expense, shall keep and maintain the Leased Premises in good condition and repair and in a good, clean and safe condition at all times during the effective term of this Lease and return the same to Lessor at Termination Date in as good condition and state of repair as the same were in as of Commencement Date, except for loss occasioned by ordinary wear and casualty. Article 8. Right of Entry Lessor, or Lessor's officers, employees, agents and representatives, as the case may be, may enter the Leased Premises during normal business hours upon prior written notice to Lessee, except notice shall not be required in case of emergency, such as fire. Article 9. Assignment Lessee shall not voluntarily or by operation of law assign or sublet all or any part of the Leased Premises or Lessee's interest therein without the express written consent of Lessor, which consent may be arbitrarily withheld. Any assignment or attempted assignment or subletting of the Leased Premises or any interest herein by Lessee without Landlord's express written consent shall be null and void. Article 10. Insurance and Indemnification 10.01 Lessee shall indemnify and hold Lessor harmless from and defend Lessor against any and all claims or liability, including cost of defense and reasonable attorney fees, for any injury or damage to Lessee or its officers, agents or employees, or to Lessee's property, or to any third person, or to the property of any third person: (a) occurring in, on or about the Leased Premises or any part thereof by or from any cause whatsoever except injury or damage caused by the wrongful or intentional acts of Lessor, its officers or employees; or (b) arising out of or resulting from the Leased Premises, or any condition thereon, or from Lessee's use and occupancy of the Leased Premises, or any equipment therein or appurtenances thereto, or any activity conducted thereon. 10.02 Lessee shall secure and maintain in full force and effect, at its expense, during the Tenn of this Lease, commercial general liability insurance including personal injury, property damage and contractual coverage in the minimum amount of $150,000 per person and $600,000 per occurrence, naming Lessor as an additional insured. -3- 10.03 Lessee shall secure and maintain during the Term of this Lease Colorado Workers Compensation insurance or other similar coverage in the statutorily mandated amounts. 10.04 A copy of each insurance policy, or certificate thereof, issued by an association or company authorized to issue such policy or policies under the laws of the State of Colorado containing a provision prohibiting cancellation or material modification of the insurance except after no less than (10) days' notice to Lessor, shall be delivered to the Lessor within thirty (30) days after date of this Lease, and thereafter the Lessee will furnish to Lessor evidence of the continuance of the insurance coverage required herein within a reasonable time after the same has been issued. Article 11. Taxes and Assessments 11.01 Lessee shall promptly pay and discharge as they become due and before delinquency any and all personal property taxes, assessments, charges, liens, levies or excises, whether general or special or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature or kind, which may be levied, charged or imposed, or which may become a lien or charge on or against the Leased Premises or any part thereof, the leasehold interest of Lessee herein, or the improvements situated on the Leased Premises during the effective period of this Lease. 11.02 Lessee shall pay before delinquency any and all property taxes levied or charged against any of the personal property belonging to it and situated on the Leased Premises or used in connection with the operation and maintenance of the Building on the Leased Premises. 11.03 Lessee shall have the right to contest or review, by legal proceedings at its own expense, and if necessary in the name of Lessor, or in such other manner as it may deem suitable, any tax, assessment, levy or charge herein agreed to be paid by Lessee under this Article 11. Lessee may defer payment of any such contested item if in connection with the proceeding instituted by Lessee there shall have been obtained a stay of the collection of the item so contested. In the event of such contest, Lessee shall give Lessor written notice prior to the commencement of any such contest which shall be at least ten (10) days prior to delinquency of the item in contest and, on request of Lessor, Lessee shall give to Lessor a good and sufficient surety bond indemnifying Lessor and the Leased Premises against any such tax, assessment, levy or other charge and from any cost, liability or damage arising out of such contest. 11.04 Lessee shall furnish Lessor within thirty (30) days after any amount is payable by Lessee under this Article 11, official receipts of the appropriate taxing authority or lienholder or other proof satisfactory to Lessor evidencing such payments as are required under this Article. Article 12. Utilities Lessee shall pay before delinquent all charges for sewer, water, gas, electricity, telephone and all other utility services furnished to or used in or supplied to the Leased Premises. Lessor shall not be obligated to furnish or provide any utilities, facilities or services of any kind. -4- Article 13. Damage to or Destruction of Premises 13.01 If, during the Term of this Lease, the Leased Premises shall be damaged to such an extent that the Leased Premises become untenantable, this Lease shall terminate. Article 14. Holding Over There shall be no holding over under this Lease. Unless sooner terminated as provided herein, Lessee shall immediately vacate the Leased Premises and surrender possession thereof to Lessor on September 1, 2007. Article 15. Default 15.01 In the event of default at any time by Lessee in the performance of any of its covenants and obligations herein contained, Lessor shall have the right, upon ten (10) days' notice in writing to Lessee, to terminate this Lease and re -enter and take possession of the Leased Premises. 15.02 In the event the parties hereto become involved in litigation arising out of this Lease, or the performance or breach thereof, the Court shall award costs, expenses, and reasonable attorney fees to the prevailing party. 15.03 If Lessee violates any of the terms and provisions of this Lease or defaults in any of its obligations hereunder, such violation may be restrained or such obligation enforced by injunction at the instance and request of Lessor without the showing of any special damages or an inadequate remedy at law. Article 16. Waiver and Time of Essence No waiver of any breach or breaches of any provision, covenant or condition of this Lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant or condition, or of any other provision, covenant or condition. Article 17. Notices All notices, demands or communications of any kind which may be required or desired to be served, given or made by Lessee upon or to Lessor, under the terms of or in connection with this Lease, shall be sufficiently served, given or made (as an alternative to personal service upon Lessor) if such notice, demand or communication is sent by certified United States mail, addressed to: City Manager City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 -5- and Thomas E. Jagger, Esq. 503 N. Main Street, Suite 127 Pueblo, Colorado 81003 (or to such other person or address as may hereafter from time to time be designated for this purpose by Lessor to Lessee in writing). All notices, demands or communications of any kind which may be required or desired to be served, given or made by Lessor upon or to Lessee, under the terms of or in connection with this Lease, shall be sufficiently served, given or made (as an alternative to personal service upon Lessee) if such notice, demand or communication is sent by certified United States Mail, addressed to: Charles J. Santangelo 120 S. Main Street Pueblo, Colorado 81003 (or to such other person or address as may hereafter from time to time be designated for this purpose by Lessee to Lessor in writing). Article 18. Environmental Provisions 18.01 For the purpose of this Lease, "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local government authority, the State of Colorado or the United States government and shall include, but not be limited to (1) substances defined as "hazardous waste," "restricted hazardous waste," "hazardous substance" or "hazardous material" under any applicable federal, state or local law or regulation ( "Environmental Regulations "), (2) asbestos - containing materials, (3) PCBs, (4) petroleum or petroleum based products, and (5) lead. 18.02 Lessee will comply with Environmental Regulations that are applicable to the Lessee and its use of the Leased Premises. No activity shall be undertaken by the Lessee, its employees, agents, licensees, invitees, contractors or subcontractors, on all or any portion of the Leased Premises which would cause or permit: (i) the presence, use, generation, release, discharge, storage or disposal of any Hazardous Material in, on, under, about, or from the Leased Premises or any part thereof in violation of any Environmental Regulations; (ii) any portion of the Leased Premises to become a hazardous waste treatment, storage or disposal facility without receiving proper governmental authorization, and in compliance with all Environmental Regulations; or (iii) the discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions without receiving proper governmental authorization, and in compliance with all Environmental Regulations, including, without limitation, the Federal Water Pollution Control Act, U.S.C. Section 1251 et sea. and the Clean Air Act, 42 U.S.C. Section 7401 et sea. 18.03 Lessee agrees to defend, indemnify and forever hold harmless the Leased Premises M and Lessor, and its officers, employees, agents, successors, and assigns, as their interest may appear, from all claims, losses, damages, penalties, expenses and costs, including, but not limited to, attorneys' fees, remedial, and cleanup costs, incurred by reason of the use, storage, generation, release, discharge, maintenance, disposal, or removal of Hazardous Materials in, on, under, about, or from the Leased Premises, or any part thereof, by Lessee, its employees, agents, licensees, invitees, contractors and subcontractors on or after Commencement Date. The provisions of Article 18 shall expressly survive the expiration of the Term or other termination of this Lease. Article 19. Miscellaneous Provisions 19.01 Colorado Law This Lease shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith without reference to such State's choice of law and /or conflict of law principles. 19.02 Writing for Waiver or Modification No provision of this Lease may be waived or modified except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 19.03 Bindin Effect ffect This Lease sets forth the entire and complete understanding and agreement of the parties hereto with respect to the subject matter hereof. Lessee acknowledges and agrees that it has not relied upon any statements, representations, agreements or warranties of Lessor except such as are expressed herein. This Lease shall be binding on the parties, their successors and approved assigns. 19.04 Construction Throughout this Lease, the singular shall include the plural; the plural shall include the singular; and the masculine and neuter shall include the feminine, wherever the context so requires. 19.05 Text to Control The headings of sections are included solely for convenience of reference. If any conflict between any heading and the text of this Lease exists, the text shall control. 19.06 Severabilitv If any provisions of this Lease is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not effect the remaining provisions. On the contrary, such remaining provisions shall be fully severable, and this Lease shall be construed and enforced as if such invalid provisions had never been inserted in the Lease. 19,07 Venue and Jury Trial Lessor and Lessee agree that the venue for all actions or causes of action relating to this Lease or the Leased Premises shall be Pueblo County, Colorado. All such actions shall be filed in the District Court, County of Pueblo, State of Colorado and Lessor and Lessee submit to the jurisdiction of that Court. To the extent allowed bylaw, each party waives its right to ajury trial. 19.08 Time of Essence Time shall be and is of the essence as to the performance of all terms, conditions and obligations under this Lease. 7- ., 19.09 Third Parties The provisions of this Lease are and will be for the benefit of Lessor and Lessee only and not for the benefit of any third party, and accordingly, no third party shall have any right or remedy hereunder or the right to enforce any provision of this Lease. N WITNESS WHEREOF, Lessor and Lessee, by their duly authorized representatives, have executed this Lease on the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION Charles J. Sak96gel o Kerry Kram r By PresiMht oft e City Council Attest:'- City lerk" I M.