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Home My WebLink About13181RESOLUTION NO. 13181 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 41 IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK RD SUBDIVISION 3 FILING TO BE CONVEYED TO TR TOPPERS, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between the United States of America and the City of Pueblo, a Municipal Corporation, to deposit in the Special Airport Improvement Trust Fund the amount of $175,000, being the appraised value of Lot 41 (4.71 acres of land) located in the Pueblo Memorial Airport Industrial Park and sold to TR Toppers. SECTION 2. Within five years of the date of this Agreement, the funds received from this sale of land will be expended for FAA approved Airport development. It is understood and agreed that this amount will not be eligible as owner matching funds for development under the Airport Improvement Program (AIP). SECTION 3. The President of the City Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement to effectuate the transactions described therein. SECTION 5. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: _ March 9, 2015 BY: Dennis Flores City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Mark Lovin – Aviation Department SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE RELEASE OF LOT 41 IN THE PUEBLO RD MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION 3 FILING TO BE CONVEYED TO TR TOPPERS, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a Resolution approving an agreement with the United States of America for the release of land in the Pueblo Memorial Airport Industrial Park Subdivision. PREVIOUS COUNCIL ACTION: Since 1970, City Council has approved the release of 45 Lots in the Pueblo Memorial Airport Industrial Park to various businesses. BACKGROUND This agreement with the United States of America is for the release of Lot 41 in the Pueblo Memorial Airport Industrial Park to be sold to TR Toppers. The FAA requires the City to enter into an agreement with them prior to sending the Deed of Release for the property. FINANCIAL IMPLICATIONS: The amount of $175,000, which is the appraised value of Lot 41 (4.71 acres of land), is to be deposited into the Special Airport Improvement Trust Fund upon acceptance of the Deed of Release received from the FAA. BOARD/COMMISSION RECOMMENDATION: PEDCO recommends approval of this Resolution. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Resolution, the land will not be released. RECOMMENDATION The Department of Aviation recommends the approval of this Resolution. Attachments: Agreement between the United States of America and the City of Pueblo AGREEMENT THIS AGREEMENT made and entered into the 9th day of March,2015,by and between the UNITED STATES OF AMERICA,party of the first part, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA, and the CITY OF PUEBLO, body politic under the laws of the State of Colorado, hereinafter referred to as Owner. WHEREAS,the United States of America on the 20th day of July, 1948,did transfer certain property to the Owner by Quitclaim Deed, which property is located and described on the attached Exhibit A and, WHEREAS,the United States of America did issue 53 separate Grant Offers and such offers were accepted by the Owner; and, WHEREAS, said Quitclaim Deed and the Several Grant Agreements contained reservations, restrictions, and conditions, and, WHEREAS, Owner has requested the FAA to execute a Deed of Release whereby it would release the said property,described in the attached Exhibit A,from all the reservations, restrictions, and conditions as set forth in the said Quitclaim Deed and Grant Agreement Assurances; and, WHEREAS,the Owner intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefor; NOW THEREFORE,for and in consideration of the FAA's releasing of said described land from said reservations,restrictions,and conditions,the Owner hereby agrees as follows: 1. To expend a sum of $175,000 within five (5) years after the date of execution of this agreement for Airport development. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program(AIP)or successor programs. Projects to be accomplished during the five(5)years are those projects described in the 2015-2021 Airport Capital Program(ACP). 2. To maintain accurate records of expenditures of the$175,000 sum that will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the item. 3. To incorporate in any deed of transfer of such land any reservation or restriction which is reserved or retained in the Deed of Release to protect the rights and interests of the public in the airport and to preserve its use as a safe and usable airfield. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the 9th day of March , 2015. B atiiinilil — Step en . Nawrocki Title President of City Council ATTEST: (SEAL(--- ‘7(/ �ax,o o� A. ! .o,� CITS. I ERK AtzAPPROVED AS TO FORM: } j� o'ca rr�r ►uo• 001 �A° 4.0044a � CITY ATTORNEY 7014e_e_I-C__ WITNESSES THE UNITED STATES OF AMERICA By 2r? ` Manager, A. sorts rstrict Office Federal v..tion As ministration Depart e-t of Transportation EXHIBIT A LEGAL DESCRIPTION Lot 41 Pueblo Memorial Airport Industrial Park Sub Formerly 03-300-17-012. Estimated dimensions: 570'x360' = 4.71 acres Site area: 205,200 sq. ft. Zoning Classification: 1-2 — Light Industrial District