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Home My WebLink About13459 RESOLUTION NO. 13459 A RESOLUTION RATIFYING AND APPROVING THE DEVELOPMENT AND PUBLIC IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF PUEBLO AND NUVUE PHARMA, LLC DATED DECEMBER 30, 2015 AND RESCINDING RESOLUTION 13446 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Development and Public Improvements Agreement between the City of Pueblo and NuVue Pharma, LLC, dated December 30, 2015, is hereby ratified. SECTION 2. 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 Public Improvements Agreementwhich are necessary or desirable to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon approval and Resolution No. 13446 is hereby rescinded. INTRODUCED: June 27, 2016 BY: Ed Brown City Clerk’s Office Item # M-6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 27, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION RATIFYING AND APPROVING THE DEVELOPMENT AND PUBLIC IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF PUEBLO AND NUVUE PHARMA, LLC DATED DECEMBER 30, 2015 AND RESCINDING RESOLUTION 13446 SUMMARY: Attached is a Resolution ratifying and approving the Development and Public Improvements Agreement with NuVUE PHARMA, LLC. PREVIOUS COUNCIL ACTION: Resolution 13446 on June 13, 2016, approving a contract to buy and sell real estate. BACKGROUND: As part of a Development and Public Improvements Agreement between the City of Pueblo and NuVUE PHARMA, LLC, NuVUE is providing property to the City that will be necessary for future public improvements including a roundabout at the intersection of Dillon Drive and Eagleridge Boulevard. The Development and Public Improvements Agreement provides for a conveyance of land to the City of Pueblo from NuVue Pharma, LLC deeming the Buy and Sell Contract unnecessary. It is the desire of each concerned party to continue with the Development and Public Improvements Agreement as the guiding agreement and void the Buy and Sell Contract thus requiring that Resolution 13446 be rescinded. FINANCIAL IMPLICATIONS: There are no immediate financial implications. However, if the resolution is not approved, the City will need to acquire this property in the future for necessary public improvements. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, the City will need to purchase this right-of-way in the future from NuVUE PHARMA, LLC in order to complete necessary public improvements. RECOMMENDATION: Approval of the Resolution. Attachments: Development and Public Improvements Agreement 12/30/2015 WED 13: 16 Fax 719 561 8436 Gradibar, Trechter 0002/008 • DEVELOPMENT AND PUBLIC IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF PUEBLO AND NuVUE PHARMA,LLC. THIS AGREEMENT is made effective as of December -j0 , 2015 between PUEBLO, a Colorado Municipal Corporation (City) and NuVUE PHARMA LLC, a Colorado Limited Liability Company (NuVue) to describe the Parties' understandings and promises concerning the development of NuVuc's property described below. L RECITALS 1. NuVue owns the property at 4740 Dillon Drive,Pueblo, CO 81008,legally described as: Lot 1,Block 1, Fountain Park Commercial Center,County of Pueblo,State of Colorado,Recorded May 14, 1975,in Book 1813 at page 533 (the Property). 2, The City owns real property adjacent to and on the east side of NuVue's Property. 3. NuVue has applied to the City for a retail marijuana license for the cultivation and product manufacture of medical or recreational marijuana and is in the process of applying lhr a medical marijuana license for a marijuana medical center, marijuana optional premises cultivation,and marijuana infused products. 4, NuVue received a Limited Use Permit from the City's Zoning Board of Appeals for the intended uses for the Property on March 19, 2015. 5. The Limited Use Permit requires NuVue to bring the Property into compliance with all City regulations including landscaping,drainage and other public improvements. 6. The City plans to widen and improve Dillon Drive including constructing a roundabout at Dillon Drive and Eagleridge Boulevard. Public improvements may require the removal of sidewalks, curbs, gutters, landscaping and other improvements NuVue will be required to install to develop its Property. • 7. Improvements to Dillon Drive and construction of a roundabout at Dillon Drive and Eagleridge Boulevard will need additional property owned by NuVue for right of way purposes. 1 12/30/2015 WED 13: 16 FAX 719 561 8436 Gradisar, Trechter x003/008 IL AGREEMENT • 8. NuVue will convey to the City by general warranty deed the land shown in attached Exhibit "A" and "C" for right of way purposes to construct a roundabout at Dillon Drive and Eagleridge Blvd. This transfer will be made within ten days after the approval of this agreement by City Council unless the City requests that the transfer be delayed. The land's legal description will be determined at a later date but will not exceed 1/3 acre. 9. In consideration of NuVue conveying the property in Exhibit "A" and "C"to the City, the City, with City Council approval, will agree to convey by quit claim deed ten acres of real property the City owns on the eastern boundary of NuVuc's Property, shown in attached Exhibit "B." The land's legal description will be determined at a later date but will not exceed 10 acres. This transfer will be made within ten days after the approval of this agreement by City Council unless Ni.Vne requests the transfer he delayed_ In no event shall the transfer take place later than 24 months following the transfer of land to the City. NuVue will pay all costs related to subdividing these ten acres. If'NuVue does not request the conveyance of the ten acres within 24 months of the date of this Agreement, the City,after 30 days written notice to NuVue, will be released from the obligation to make this conveyance_ The City also agrees to install in the public right of way certain sidewalks, gutters, curbs, landscaping and storm water drainage improvements required to widen Dillon Drive without cost to NuVue. As part of the construction of the roundabout and expansion of Dillon Drive, the City agrees to provide landscaping and public improvements for Dillon Drive and Eagleridgc Boulevard in the areas shown specifically in Exhibit "C". Those improvements include, but are not limited to, sidewalks, curbs, gutters, ADA ramp, landscaping, and storm water drainage structures. 10. Aller the property conveyances have been made and Dillon Drive has been improved and a roundabout at Dillon Drive and Eagleridge has been constructed, any further improvements by NuVue to its Property will require full compliance with the City's then existing applicable ordinances for development. 11. After this Agreement is signed, the City will grant approvals necessary to have a building permit issued immediately lar each phase of construction for the Property, including constructing a greenhouse. NuVue acknowledges the Zoning Code for the City of Pueblo relating to marijuana enterprises, currently requires new construction or remodeling to comply with the Large Scale Development Standards contained in Section 17-4-46(e)(7)and (f). NuVuc reserves the right to apply for a variance from those standards named above. 'Phis Agreement will not require as a prerequisite to its signing or approval that NuVue be responsible to construct a screen wall, nor shall construction of such wall be a prerequisite for obtaining a building permit or Certificate of Occupancy for the greenhouse. 12. NuVuc has been or will be issued a building permit for Phase I of the remodeling of an existing structure on its property. The City agrees to sigh off on Certificates of Occupancy and final inspections, notwithstanding that no façade or screen wall has not been completed, so that NuVue may commence operations. 2 12/30/2015 WED 13: 17 FAX 719 561 8436 Gradisar,Trechter El004/008 13. The parties agree to execute such additional documents or take additional actions as may be reasonably required to carry out this Agreement. 14. This Agreement represents the entire agreement between the parties with respect to the subject matter and there are no oral or collateral agreements or understandings with respect to the subject matter. 15. This Agreement may be amended but only by an instrument, in writing, signed by the parties. If any other provision of this agreement is held invalid or unenforceable, no other provision hereof shall be affected by such holding and, all of the remaining provisions of this agreement shall continue in full force and effect. lb. A waiver by any party to this Agrocinunl of 11w brcaoh of any term or provioion of thin agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 17. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the District Court in Pueblo County,Colorado. 18. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, heirs and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this agreement except as otherwise expressly authorized herein. 19. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which constitute the one and the same instrument. 20. This Agreement is intended to describe the rights and responsibilities only as to the parties hereto, 21. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not a party to this Agreement. 22. Despite any language in this Agreement,or any other agreement, representative, or warranty to the cuutrtu'y, the pintiv a1:a11 not be dcon-icd to ho partnora or joint ventures and no party • shall be deemed to be partners or joint ventures and no party shall be responsible for any debt or liability of the other party. The parties have made this Agreement as of the above effective date. PUEBLO, a Municipal Corporation By: jE 1 Wilkinson Director of Public Works 3 12/30/2015 WED 13: 17 FAX 719 561 8436 Gradiear, Trechter 0005/008 • • Oh • •.°.-nanb`W..;,,-_ ,:_-'.'-`=;;A iAGww�+rr+wiAllar.Ww f x try. Y �7 ct tom. K r vsy :,..t4:,,,,,:-: ra'''''';'::::-.....:;6';';'-',. /i+� r r y ,'' ��a s Y 1: ,ma c ,toe e x .• : „� ,t,,,,,,%,'24„,-,,,,,,,A,-*,-,-,,,. ...,,.-,:,. r7'S 't?4 > r `! a',r`r e x rr� j'` i ".*i"� iF +4s 't a „ ,, :, ^.,p :,., .a ,,, P - Tr vy. e »fit* !� �,,,� d', FC. '!"AM rs syn ,n z, C� hir " ? 1 wrc r a !A 0r4�> ; 162 'ee � 4. o t s J .Yrii y{ ! 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Z 1. n 1, ver +.{ si+••tIT!'t?i'?",C J- ar � � .. , g f, It = r .r....,,,lr,.r .. +..._ ...tr.. , Landscape 7 r: 9 ft,, , Site Plan norm t 1--1.-1---1t. i:. t _: » SD.1 Reception 2041805 07/08/2016 03:19:29 PM WARRANTY DEED THIS DEED is made on April 1s1 , 2016,between 4740 Dillon Drive, LLC, a Colorado Limited Liability Company, Grantor,and"Pueblo, a Municipal Corporation, whose legal address is P, 0, Box 1427, Pueblo, Colorado 81002-1427, of the County of Pueblo, State of Colorado, Grantee: WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee and Grantee's successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pueblo, and State of Colorado described as follows: ' See Exhibit "A" attached. TOGETHER with all and singular the hereditaments and appurtenances or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee and Grantee's successors, and assigns forever: And Grantor does covenant, grant, bargain, and agree to and with Grantee and Grantee's successors and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature except easements, restrictions, reservations, and rights of way of record and taxes and assessments, Grantor shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of Grantee and Grantee's successors, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Grantor has executed this deed on the date set forth above. 4740 Dillon Drive, LLC, a Colorado Limited Liability Company By 4, Malik Hasan, Member STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this_day of , 2016, by Malik Hasan, Member, 4740 Dillon Drive, LLC, a Colorado Limited Liability Company. • MIN i ROTARY Ptd•STATE OF COLORADO Witness my hand and official seal. Notary tdentiticauon 020101 Sit y Canon My Commission expires: -0112.02-0 Notary P l'. A parcel of land located in Lot 1 of Block 1 of the Fountain Park Commercial Center subdivision, recorded on May 14, 1975 at Reception Number 494295 in Book 1813 at Page 533 in the office of the Pueblo County Clerk and Recorder,City of Pueblo,State of Colorado, more particularly described as follows; Beginning at the northwest corner of said Lot 1, said corner being the Point of Beginning for the parcel being described herein; I) THENCE North 88°33'49" East,along the north line of said Lot 1, for a distance of 17.00 feet; 2) THENCE South 2°27'27"East, along a line parallel with and offset 17.00 feet perpendicularly east of the west line of said Lot 1, for a distance of 553.75 feet to a point on a line parallel with and offset 29.00 feet perpendicularly north of the south line of said_ Lot I; 3) THENCE South 56°30'55" East for a distance of 49.41 feet to a point on said south line of Lot 1; 4) THENCE South 87°32'33"West,along said south line of Lot 1, for a distance of 57.00 feet to the southwest corner of said Lot 1; 5) THENCE North 2°27'27"West, along said west line of Lot 1, for a distance of 583.05 feet to the Point of Beginning. Containing an area of 0.241 acres more or less, Subject to all casements and Rights of Way of record. The bearings shown herein are based on an assumed bearing of North 88° 33'49" East for the north line of said Lot 1, monutnented by a rebar with t" Plastic Cap Stamped"16128 at the northwest corner of said Lot 1, and by a rebar with 1" Plastic Cap Stamped "16128 at the northeast corner of said Lot 1. iik.41;\ 7 ;w7rra y, Prepared by: -14- -1tq Bradley Danielson P.L.S 25622 t 25622 For and on the behalf of AECOM "' j, s. 8181 East Tufts Avenue 0'4;4;1'44., "' Denver,CO 80237 N' rA ''