HomeMy WebLinkAbout12575RESOLUTION NO. 12575
A RESOLUTION APPROVING THE AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND
PUEBLO DEVELOPMENT FOUNDATION RELATING TO A
JOB CREATING CAPITAL IMPROVEMENT PROJECT,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAID AGREEMENT AND TRANSFERRING
$445,809 FROM THE 1992-2016 SALES AND USE TAX
CAPITAL IMPROVEMENT PROJECTS FUND THEREFOR
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council finds and concludes that pursuant to an Agreement dated
January 10, 2000 between the City of Pueblo and the Pueblo Development Foundation
("PDF"), PDF is the owner of real property and improvements located at 33654 United
Avenue, Pueblo, CO, 81001 (Lot 58, Pueblo Memorial Airport Industrial Park
Subdivision) (the "Property").
SECTION 2.
The City Council further finds and determines:
(a) The renovation of a manufacturing facility on land at the Pueblo Memorial
Airport Industrial Park for lease to Westwind Wood Specialties, Inc. ("Company") meets
and complies with the criteria and standards established by Section 14-4-85 of the
Pueblo Municipal Code.
(b) Pueblo Development Foundation will oversee and manage the renovation
of the 25,650 square foot shell building on the approximately 5.57 acres of land at
Pueblo Memorial Airport (herein "Project") to be leased and occupied by the Company.
(c) Company believes it will employ and has committed to the City that it will
employ ninety-one (91) full-time employees at the Project.
(d) The renovation of the facility will stimulate and promote industrial activity
at Pueblo Memorial Airport thereby creating employment opportunities for the citizens of
the City and greater use of airport facilities.
(e) The execution and performance of the Agreement between the City and
Pueblo Development Foundation are in the best interests of the City and its citizens and
will promote the public health, safety, commerce, prosperity and general welfare of the
City and its citizens.
SECTION 3.
The Agreement dated as of January 14, 2013 between Pueblo, a Municipal
Corporation, and Pueblo Development Foundation relating to the Property, a copy of
which is attached hereto (“Agreement”), having been approved as to form by the City
Attorney, is hereby approved. The President of the City Council is authorized to
execute and deliver the Agreement in the name of the City and the City Clerk is directed
to affix the seal of the City thereto and attest same.
SECTION 4.
Funds in the aggregate amount of $445,809 are hereby authorized to be
transferred, expended and made available out of the 1992-2016 Sales and Use Tax
Capital Improvement Projects Fund in the manner described in the Agreement. The
funds hereby authorized to be transferred and expended shall be held by the City and
released, disbursed and paid by the Director of Finance in the following manner: the
sum of $445,809 to PDF upon receipt of a copy of the January 14, 2013 Agreement
executed by PDF.
SECTION 5.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and attached Agreement to effectuate the
transactions described therein.
SECTION 6.
This Resolution shall become effective upon final approval and passage.
INTRODUCED: January 14, 2013
BY: Chris Kaufman
COUNCILPERSON
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
DATE: Q-2
JANUARY 14, 2013 AGENDA ITEM #
DEPARTMENT: LAW
DANIEL C. KOGOVSEK, CITY ATTORNEY
TITLE
A RESOLUTION APPROVING THE AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND PUEBLO DEVELOPMENT FOUNDATION
RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID
AGREEMENT AND TRANSFERRING $445,809 FROM THE 1992-2016 SALES AND
USE TAX CAPITAL IMPROVEMENT PROJECTS FUND THEREFOR
ISSUE
This Resolution approves an agreement between the City of Pueblo and PDF
concerning Lot 58, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County,
Colorado (the “Property”). This Property was conveyed to PDF by the City in 2000,
under the terms of an earlier Agreement dated January 10, 2000 (the “2000
Agreement”) between the City and PDF, with respect to a project involving StoneCraft
Industries. PDF renovated the Property for use by StoneCraft using PDF funds in the
amount of $476,059 and $300,000 in funds from the one-half cent sales and use tax job
creating capital projects improvement fund (the “1/2 Cent Jobs Fund”). The Property
was leased with an option to purchase to StoneCraft. The lease terminated and
StoneCraft did not acquire the Property. Under the 2000 Agreement, the Property was
to be deeded back to the City and the City was to repay to PDF any unpaid renovation
funds. PDF has not yet been repaid for the renovation funds it expended and the
Property has not yet been reconveyed to the City. PDF has continued to pay costs
related to the Property. There is now another company, Westwind Wood Specialties,
Inc., that desires to lease the Property for a job creating capital improvements project. It
would be preferable to have PDF continue to own the Property, lease it to Westwind
Wood Specialties and manage and oversee the remodeling work needed for the new
tenant. Therefore, the City would agree to pay PDF $445,809 from the ½ Cent Jobs
Fund in satisfaction of the 2000 Agreement and for its expenses in owning the Property.
PDF would continue to own the Property, will lease the Property with an option to
purchase to Westwind Wood Specialties for 10 years and will manage the renovation of
the Property, using $100,000 to be paid by the City from the ½ Cent Jobs Fund. PDF
agrees to pay over to the City all rents under the lease, less 5% as reimbursement for
its management of the Property. PDF’s obligations under the Agreement will be
secured by a first deed of trust on the Property and the deed of trust currently in place
on the Property securing the 2000 Agreement will be released.
RECOMMENDATION
PEDCO and PDF recommend approval of this Ordinance.
FINANCIAL IMPACT
Payment of $445,809 to PDF from ½ Cent Jobs Fund.