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HomeMy WebLinkAbout13131RESOLUTION NO. 13131 A RESOLUTION RATIFYING A CONTRACT TO BUY AND SELL REAL ESTATE, AS AMENDED, BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND SWIRE PACIFIC HOLDINGS, INC., A DELAWARE CORPORATION D/B/A SWIRE COCA-COLA, USA AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE A SPECIAL WARRANTY DEED AND RELATED DOCUMENTS AT CLOSING FOR THE SALE OF 3 JETWAY PLACE, PUEBLO, COLORADO 81001 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract to Buy and Sell Real Estate, as amended, a copy of which is attached hereto, between the City of Pueblo, a municipal corporation and Swire Pacific Holdings, Inc, a Delaware corporation d/b/a Swire Coca-Cola, USA, for the sale of 3 Jetway Place, Pueblo, Colorado 81001, is hereby ratified and approved. SECTION 2. The President of City Council is authorized to execute and deliver a Special Warranty Deed, in substantially the form attached hereto. The President of City Council is authorized to execute and deliver such other documents as are customarily required at real estate closings, at the closing of this sale transaction. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution which are necessary or appropriate to effectuate the transaction described herein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: December 22, 2014 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 22, 2014 TO: President Stephen G. Nawrocki and Members of City Council VIA: Gina Dutcher, City Clerk FROM: Sam Azad, City Manager SUBJECT: A RESOLUTION RATIFYING A CONTRACT TO BUY AND SELL REAL ESTATE, AS AMENDED, BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND SWIRE PACIFIC HOLDINGS, INC., A DELAWARE CORPORATION D/B/A SWIRE COCA-COLA, USA AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE A SPECIAL WARRANTY DEED AND RELATED DOCUMENTS AT CLOSING FOR THE SALE OF 3 JETWAY PLACE, PUEBLO, COLORADO 81001 SUMMARY: Attached is a Resolution which authorizes the sale of 3 Jetway Place, Pueblo, Colorado 81001 to Swire Pacific Holdings, Inc., a Delaware Corporation d/b/a Swire Coca-Cola, USA (“Swire”) for $1.5 million. PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: The City is the owner of 3 Jetway Place, Pueblo, Colorado 81001 which is located in the Airport Industrial Park. The property is currently a vacant shell building. Swire has made an offer to purchase the property for $1.5 million. Swire intends to use the property as a soft drink beverage distribution warehouse facility, including administrative offices. The property will be sold to Swire “as is, where is, with all faults.” FINANCIAL IMPLICATIONS: The City has previously spent approximately $1.4 million for the construction of the building located on the property from the 1992-2016 Sales and Use Tax Capital Improvement Tax Fund (“Half Cent Sales Tax Fund”). The sale proceeds will be used to reimburse the City’s Half Cent Sales Tax Fund. The remainder of the sale proceeds will be deposited in the City’s general fund. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If this Resolution is not approved, 3 Jetway Place will continue to be owned by the City as a vacant shell building. RECOMMENDATION: Approve the Resolution. Attachments: Resolution; Sale Contract and Amendments and Special Warranty Deed 1993927 Page 2 of 7 01/08/2015 04:01:18 PM 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 twenty- five(25) feet of the right of way line of Jetway Court, or twenty-five(25) feet of the right of way line of any other abutting streets. There must be installed and maintained a minimum twenty-five (25) foot strip of living landscaped ground along and adjacent to Jetway Court, and twenty-five (25)feet adjacent to other abutting streets. Minimum side and rear yard set-backs shall be twenty- five(25) feet. Vehicular access to and from the Property shall be from Jetway Court, (e) Company shall keep and maintain the Property and all buildings, landscaping 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 established by Section 3-1-14 of the Pueblo Municipal Code payable monthly. 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 2 1993927 Page 3 of 7 01/08/2015 04:01:18 PM 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. (j) 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 received by the City, such approval will not be required and this covenant will be deemed to have been complied with. Company shall use 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. 3 ')Y 11.x`• 4 1993927 Page 4 of 7 01/08/2015 04:01:18 PM [ SEAL] Swire Pacific Holdings,Inc.dba Swire Coca-Cola USA a Delaware Corporation ATTEST: By N .�'- < A-A-Z__A1' Name: Office: 14/C& / -;F'/,J4rT- Office: [SEAL] PUEBLO,A MUNICIPAL CORPORATION 41. ATTEST: 4111114 President of the City Council City Clerk [SEAL] COUNTY OF SALT LAKE ) )ss. STATE OF UTAH ) - The foregoing instrument was acknowledged before me this day of January„2015 by - ' .,6Y as Y�'« y��s�� V7 Auld/ Ill//I/I///IIIIIII/I/Illllhd/I/II/I/II/II/////I/II///// of Swire Pacific Holdings,Inc.dba Swire Coca-Cola USA,a Delaware Corporation. Witness my hand and official seal. My commission expires: IN i` ` 7 `�, c)r .1 [SEAL] Nbiary Pu r---47-4,\ KATHY P CHEKOURAS Notary Public.State of Utah jg :r., ,�� Commission 13 664081 4 ((t ,h My Commission Expires 1 • April Ot,2017 1993927 Page 5 of 7 01/08/2015 04:01:18 PM COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) The fo e oin instrum��t wa acknow ed before me this t day of January, 2015 by .„0.4171as President of the City Council, Imor� , ititot wo /of Pueblo,Colorado,a Municipal Corporation. BROOKE D. YALOTZ Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO 8.'01'11) NOTARY ID 20024026745 My commission expires: , / MY COMMISSION EXPIRES 0811912018 [SEAL] I / 01. ilt4 of Not: Public . . 5 1993927 Page 6 of 7 01/08/2015 04:01:18 PM 11/24,1014 1:32 PM Cwnmiuncnt\- $O7-FQ500587-120-13Y3 EXHIBIT SCNIEUULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: I. Any facts,rights,interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 3. Any.encroachments,encumbrances,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete lurid survey of the Land and not shown by Public Records, 4. Any lien or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by Iaw and nut shown by the Public Records. S. Defects,liens,encumbrances,adverse claims or other manors,if any,created,first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. Water rights,claims of title to water,whetheror not these matters are shown by the Public Records. 7. All taxes and assessments,now or heretofore assessed,due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. S. Any existing leases or tenancies,and any and all parties claiming by,through or under said lessees. 9. Terms, conditions, provisions, agreements and obligations contained in the right of way as set forth below: Recording No.: Book 321 at Page 477 10. Terms,conditions,provisions,agreements and obligations contained in the License as set forth below: Recording No.: Book 390 at Pace 188 11. Terms,conditions, provisions,agreements and obligations contained in the Resolution No.99-311 as set forth below: Recordinti Date: October 19, 1999 Recording No.: 1303755. 12. Terms,conditions,provisions,agreements and obligations contained in the Instrument release as set forth below: Recording Date: January 11,2006 Recording No.: 1657047 CopyrlghtAmorican Land Tide Association,All rights reserved.The use of this Form is reshicled to ALTA licensees and ALTA .',n�<.H members In good standing as at the date of use Alt other uses are prohihitod.Reprinted under license from the American Land `j,'ni„; . role Association 1993927 Page 7 of 7 01/08/2015 04:01:18 PM 11/24/2014 1:32 PM Commitment No: 597-F0500587-32041Y3 13. Easements,reservations, terms,conditions,provisions,agreements and obligations contained in the Deed as sct forth below: Recording Date: July 31, 1948 Recording No.: Book 1074 at Page 87 14. Terms,conditions,provisions,agreements and obligations contained in the Deed as set forth below: Recording Date: August 4,2009 Recording No.: 1814173 16. Terms, conditions, restrictions, ,provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth on the Plat(s)of said subdivision set forth below: Recording Date: April 7, 1999 Recording No: 1272403 END OF EXCEPTIONS Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA .' members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. 77 r - -74