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
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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
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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
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[ 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
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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
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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
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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.
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