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RESOLUTION NO. 13625
A RESOLUTION AUTHORIZING AND APPROVING FUNDING OF
A PORTION OF THE REGIONAL TOURISM PROJECT AND
APPROVING AN AMENDMENT TO A COOPERATION
AGREEMENT AND OTHER RELATED DOCUMENTS AND
ACTIONS IN CONNECTION THEREWITH AND TRANSFERRING
$14.4 MILLION FROM THE 1992-2021 SALES AND USE TAX
CAPITAL IMPROVEMENT PROJECTS FUND
WHEREAS, the City of Pueblo, in the County of Pueblo and State of Colorado (the “City”),
is a municipal corporation duly organized and existing as a home rule city pursuant to Article XX
of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”);
and
WHEREAS, the City is authorized, pursuant to the Charter and relevant laws of the State
of Colorado, to acquire, hold, lease, and dispose of property including entering into cooperation
agreements in order to provide lands and facilities for governmental purposes; and
WHEREAS, the Colorado Economic Development Commission (the “Commission”)
approved the application of the City for a regional tourism project described as the Pueblo
Professional Bull Riders University and the Heritage of Heroes Project (the “RTA Project”)
pursuant to the Colorado Regional Tourism Act, Part 3 of Article 46, Title 24, C.R.S. (the “Act”);
and
WHEREAS, the City entered into an agreement entitled Cooperation Agreement Pueblo
Professional Bull Riders University and Heritage of Heroes Project dated February 25, 2013 (the
“Agreement”), with the Pueblo Urban Renewal Authority (“PURA”) and the Historic Arkansas
Riverwalk of Pueblo Authority (“HARP”) to comply with requirements related to the RTA Project
pursuant to the Act; and
WHEREAS, in order to generate moneys to finance the design, construction, equipping
and improvement of Phase 1 and a part of Phase 2 of the RTA Project consisting generally of (i)
the expansion of the Pueblo Convention Center with the addition of approximately 45,000 square
feet (including enhancements to the Medal of Honor/Walk of Valor and construction of an
approximately 18,000 square foot arena to be connected to the Convention Center to be called
the Pueblo Professional Bull Riders University Arena); (ii) construction of an approximately 15,000
square foot Gateway Center (but excluding the boathouse facility) with an outdoor plaza to be
called the Heritage Event Plaza; and (iii) installation and construction of surface parking,
infrastructure and other ancillary items (collectively, the “Financed Project”) pursuant to the Act,
the City Council of the City (the “City Council”) has determined that it is in the best interests of the
City and its residents that the City (a) enter into that certain Amendment to Cooperation
Agreement (“Amendment No. 1”), between the City and PURA and HARP establishing the terms
and conditions related to financing between the City and PURA for the purpose of funding the
Financed Project, (b) making $14.4 million available to PURA for the purpose of funding the
Financed Project and (c) securing repayment of the $14.4 million by PURA to the City by requiring
PURA to execute and deliver to the City two promissory notes and deed of trust in substantially
the form attached to this Resolution and made available to the City Council prior to this meeting;
and
WHEREAS, the City Council has been presented with forms of the Amendment No. 1, the
two Promissory Notes and Deed of Trust pursuant to which the City shall loan PURA $14.4 million;
and
WHEREAS, the City Council desires to authorize and otherwise proceed with the financing
of the Financed Project;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO that:
Section 1. Ratification of Prior Actions
.All actions heretofore taken (not inconsistent
with the provisions of this Resolution) by the City Council or the officers or employees of the City,
directed toward the financing of the Financed Project are hereby ratified, approved and confirmed.
Section 2. Finding and Determination
.The City Council hereby finds and determines,
pursuant to the provisions of the Charter, that providing the funding for a portion of the RTA Project
under the terms and provisions set forth in the Amendment No. 1 to the Cooperation Agreement
is necessary, convenient, efficient and economical, and in furtherance of the governmental
purposes of the City, and is in the best interests of the City and its residents; and the City Council
hereby authorizes such transactions.
Section 3. Approval of Cooperation Agreement.
The Amendment No. 1 to
Cooperation Agreement in substantially the forms presented to the City and made available to
the City Council prior to this meeting and with substantially the same content, are in all respects
approved, authorized and confirmed, and the President of the City Council is authorized and
directed to affix his or her signature to the Amendment No. 1 to Cooperation Agreement in
substantially the form and with substantially the same content as presented to this meeting of the
City Council, for and on behalf of the City, but with such minor changes, modifications, additions
or deletions therein as the President of the City Council and the City Attorney shall deem
necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of
their approval of any and all changes, modifications, additions or deletions therein from the forms
and content of the Amendment No. 1 to Cooperation Agreement presented to the City and made
available to the City Council prior to this meeting.
Section 4. Consent and Approval of Promissory Note and Deed of Trust
.The City
Council hereby approves and acknowledges the two Promissory Notes and Deed of Trust in
substantially the form presented to the City and made available to the City Council prior to this
meeting of the City Council and with substantially the same content but with such minor changes,
modifications, additions or deletions therein as the President of the City Council and the City
Attorney shall deem necessary, desirable or appropriate, the execution thereof to constitute
conclusive evidence of their approval of any and all changes, modifications, additions or deletions
therein from the forms and content of the two Promissory Notes and Deed of Trust presented to
the City and made available to the City Council prior to this meeting.
Section 5. Other Actions in Furtherance of this Ordinance
.The City Clerk is hereby
authorized and directed to attest all signatures and acts of any official of the City Council or the
City in connection with the matters authorized by this Resolution, and to place the seal of the City
on the Amendment No. 1 to Cooperation Agreement authorized and approved by this Resolution.
The President of the City Council and other officials of the City Council or the City are hereby
authorized to execute and deliver for and on behalf of the City any and all additional certificates,
documents and other papers and to perform all other acts that they may deem necessary or
appropriate in order to implement and carry out the transactions and other matters authorized and
contemplated by this Resolution. The appropriate officers of the City Council or the City are
authorized to execute on behalf of the City agreements concerning the deposit and investment of
funds in connection with the transactions contemplated by this Resolution.
Section 6. Home Rule Powers Invoked
.In authorizing and approving the actions herein
set forth, it is the intent of the City Council of the City to exercise the home rule powers of the City
granted pursuant to the Colorado Constitution and the Charter, and the City Council of the City
hereby finds, determines and declares that the matters herein referred to are matters of local or
municipal concern and are appropriate for the exercise of the home rule powers of the City.
Section 7. Severability
.If any section, paragraph, clause or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any of the remaining provisions of
this Resolution.
Section 8. Repealer
.All bylaws, orders and ordinances, or parts thereof, inconsistent
with this Resolution or with any of the documents hereby approved, are hereby repealed only to
the extent of such inconsistency. This repealer shall not be construed as reviving any bylaw,
order or ordinance, or part thereof.
INTRODUCED February 27, 2017
BY: Robert Schilling
City Clerk’s Office Item # Q-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: A RESOLUTION AUTHORIZING AND APPROVING FUNDING OF A PORTION
OF THE REGIONAL TOURISM PROJECT AND APPROVING AN AMENDMENT
TO A COOPERATION AGREEMENT AND OTHER RELATED DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH AND TRANSFERRING $14.4
MILLION FROM THE 1992-2021 SALES AND USE TAX CAPITAL
IMPROVEMENT PROJECTS FUND
SUMMARY:
Attached is a proposed Resolution authorizing the expenditure of $14.4 million of Half Cent Sales
Tax funds for the Regional Tourism Act (“RTA”) Project.
PREVIOUS COUNCIL ACTION:
On December 8, 2014, by Ordinance No. 8804, City Council amended the Half-Cent Sales Tax
Criteria Ordinance to authorize the loan of half-cent sales tax funds to the Pueblo Urban Renewal
Authority (“PURA”) to support the RTA Project.
BACKGROUND:
This Resolution authorizes the expenditure of Half Cent Sales Tax funds for the RTA Project
because of the economic development potential of the RTA Project. This Resolution also
approves and authorizes the President of the City Council to sign an Amendment to the February
25, 2013 Cooperation Agreement to provide that the $14.4 million shall be repaid to the City by
PURA.
FINANCIAL IMPLICATIONS:
Up to $14.4 million of Half Cent Sales Tax Funds will be subsequently spent for the RTA Project.
BOARD/COMMISSION RECOMMENDATION:
The Pueblo Economic Development Corporation does not oppose this Resolution.
STAKEHOLDER PROCESS:
Members of the public are the primary stakeholders affected by the proposed Resolution. The
issue of RTA Project funding has been discussed at numerous public Council meetings and work
sessions.
ALTERNATIVES:
If the Resolution is not approved, the RTA Project will not receive Half Cent Sales Tax funding to
be repaid in full later by PURA.
RECOMMENDATION:
Approve this Resolution.
Attachments:
Proposed Resolution; Amendment No. 1 to the Cooperation Agreement;
Promissory Note; Deed of Trust;
AMENDMENT NO. 1 TO COOPERATION AGREEMENT
PUEBLO PROFESSIONAL BULL RIDERS UNIVERSITY AND HERITAGE OF
HEROES PROJECT
1.0 PARTIES. This Amendment to Cooperation Agreement ("Amendment No. 1"), is made
and entered into as of February 27, 2017, by and among the CITY OF PUEBLO, a home-rule
municipality and political subdivision of the State of Colorado(the"City");the PUEBLO URBAN
RENEWAL AUTHORITY,a body corporate and politic of the State of Colorado (the"Authority")
and THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, a governmental
entity formed pursuant to Article XIV, Section 18(2)(a) and (b) of the Colorado Constitution and
Section 29-1-201, C.R.S ("HARP"). The parties are sometimes referred to herein collectively as
the "Parties" and individually as a"Party".
2.0 RECITALS. The following recitals are incorporated in and made a part of this
Amendment No. 1.
2.1 Cooperation Agreement. The Parties entered into an agreement entitled
Cooperation Agreement Pueblo Professional Bull Riders University and Heritage of Heroes
Project dated February 25, 2013 (the "Agreement"), to comply with requirements related to a
regional tourism project described as the Pueblo Professional Bull Riders University and Heritage
of Heroes Project(the "Project")pursuant to the Colorado Regional Tourism Act, Part 3 of Article
46, Title 24, C.R.S. (the "Act").
2.2 Purpose of Amendment No. 1. The Parties are entering into this Amendment No.
1 to establish terms and conditions related to the financing between the City and the Authority for
the purpose of funding the design and construction of certain improvements in Phase I and Phase
II of the Project.
3.0 AGREEMENT. In consideration of the mutual covenants, agreements, and promises in
this Amendment No. 1 and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as set forth in this Amendment No. 1.
4.0 DEFINITIONS. Unless otherwise stated herein, all capitalized terms in this Amendment
No. 1 shall have the meaning set forth in the Agreement.
5.0 PHASE I and PHASE II CONSTRUCTION FINANCING. Subject to the terms and
conditions set forth in this Amendment No. 1, the City agrees to provide construction financing in
the amount of Fourteen Million Four Hundred Thousand Dollars($14,400,000)(the"Construction
Financing") to finance the design, construction, equipping and improvement of Phase I and a part
of Phase II of the RTA Project consisting generally of(i) the 45,000 square foot expansion of the
Pueblo Convention Center including: enhancements to the Medal of Honor/Walk of Valor;
construction of the Pueblo Professional Bull Riders University which includes an Arena, a
Sports Performance Facility, and a Professional Bull Rider Fan Zone; and construction of the
Gateway Center(but excluding the boathouse facility) (ii) construction oftwo outdoor plazas to be
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called the Heritage Plaza and Gateway Plaza; and (iii) installation and construction of surface
parking, infrastructure and other ancillary items pursuant to the Colorado Regional Tourism Act
(collectively, the "Construction Project") from funds on deposit with the City in its Sales and Use
Tax Capital Improvements Projects Fund (the "1/2 Cent Fund").
5.1 Oversight Committee and Construction Committee. In the event that the
Construction Project does not begin actual physical construction by November 1, 2017, and once
commenced does not continue expeditiously to completion, the Parties agree that, to the extent
allowable under the Act, the Construction Project and the release of proceeds of the Construction
Financing to pay Eligible Costs will be subject to supervision and oversight by a five-member
committee(the"Oversight Committee"). The composition and role of the Oversight Committee is
set forth in Exhibit A, attached to and made a part hereof. The Oversight Committee shall be
responsible for the prompt and orderly administration of the Construction Project, including
payment of Eligible Costs as defined in Section 5.4 hereof. In addition to the Oversight
Committee an additional committee (the "Construction Committee"), composed of the parties
described in Exhibit A, shall review all applications for payment of Eligible Costs in accordance
with the cost certification and payment procedures described in Exhibit A.
5.2 Construction Financing Documents. The final and complete terms and conditions
applicable to the Construction Financing shall be contained in financing documents (the
"Construction Financing Documents") to be prepared by the City Attorney and approved by the
Authority and the City. Unless the City and the Authority agree otherwise in writing, the
Construction Financing Documents shall contain the provisions described in Section 5.3, herein
5.3 Interest Rate, Term, and Other Terms of Construction Financing, The Authority
agrees to sign and deliver to the City two Promissory Notes in connection with the Construction
Financing as follows:
5.3.1 $12.2 Million Promissory Note: The first promissory note shall bear
interest (i) from the date of the first draw from the 1/2 Cent Fund to pay Eligible Costs until
December 31, 2022, at the rate of two percent (2%) per annum; and (ii) commencing January 1,
2023 until the Maturity Date of the Promissory Note at the rate of three percent (3%) per annum
and shall be repaid within ten (10) years (including an anticipated balloon payment in year ten)
("Construction Financing Term"). Among other provisions, the first Promissory Note shall
provide that the Authority may pre-pay the Construction Financing in whole or in part at any time
without penalty. Upon repayment in full of the Construction Financing by the Authority, the City
shall release its Deed of Trust to the Property.
5.3.2 $2.2 Million Promissory Note: The second promissory note shall not
accrue interest and the principal balance of$2.2 million shall be repaid by the Maturity Date set
forth in said promissory note. Among other provisions,the second Promissory Note shall provide
that the Authority may pre-pay the Construction Financing in whole or in part at any time without
penalty. Upon repayment in full of the Construction Financing by the Authority, the City shall
release its Deed of Trust to the Property. It is expressly agreed by the Parties that no part of the
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second promissory note in shall be paid by the Authority using the Percentage of State Sales Tax
Increment Revenue.
5.4 Eligible Costs. The proceeds of the Construction Financing shall be used to pay
for the certified costs of work, material, and service related to construction of the Convention
Center/Exposition Hall Expansion, Pueblo Professional Bull Riders University Arena Facility,
Heritage Plaza, and Gateway Plaza portions of Phase I and Phase II of the Project. The procedure
for certifying and paying the Eligible Costs is set forth in Exhibit A and shall conform with the
requirements of Resolution No. 1.
6.0 REVISION OF SECTION 5.5. The Parties agree Section 5.5 of the Agreement is deleted
in its entirety and replaced by the following:
5.5 Phase II Improvements. The Parties shall cooperate to obtain the necessary
financing for completion of Phase I improvements and the Phase II improvements from
any available source, public and private. HARP shall be the primary responsible Party for
design of the following Eligible Improvements on Exhibits E, G and H to Resolution No.
1: Boathouse Facility, Heritage Plaza and Gateway Plaza. The City and the Authority shall
cooperate to provide the other Eligible Improvements and Ineligible Improvements shown
on Exhibit E to Resolution No. 1.
7.0 REVISION OF SECTION 6.5. The Parties agree that the ultimate ownership and
maintenance of the Eligible Improvements may change with the passage of time as agreed in
writing by the Parties. Accordingly, Section 6.5 of the Agreement is deleted in its entirety and
replaced by the following.
6.5 Certification of Eligible Costs and Ownership/Maintenance of Eligible
Improvements. Except as provided in Section 5.4 of Amendment No. 1, all Eligible Costs
shall be certified by the Authority in accordance with the Act and Resolution No. 1. It is
the intention of the Parties and the Commission that all Eligible Costs shall be paid to or
reimbursed to the Authority from Percentage of State Sales Tax Increment Revenue or City
loan proceeds to the extent that such revenue is available for such support. It is expressly
agreed by the Parties that no part of the second promissory note in the amount of $2.2
million shall be paid by the Authority using the Percentage of State Sales Tax Increment
Revenue. All Authority Advances shall be certified to the Authority in accordance with
Resolution No. 1 and reimbursed in accordance with Resolution No 1. Except as may be
otherwise provided herein or agreed in writing by the Parties, the Authority shall have the
authority to design (except as provided in Section 5.5 of the Agreement, as the same is
amended, above), construct, own, and operate and maintain the Eligible Improvements.
As provided in Sections 5.4, 5.5, and 5.6 of the Agreement or as otherwise agreed by the
Parties in writing, the Authority shall have the additional authority to cause the Eligible
Improvements to be designed, constructed, owned or maintained, in such combination as
the Authority shall determine, by others in accordance with all applicable laws, ordinances,
standards,policies and specifications,including those of the City. If the Authority elects,
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upon conveyance of any of the Eligible Improvements to the City or any other special
district, utility company or other entity, Eligible Improvements so conveyed shall be
subject to maintenance by the City or other entity to which the Eligible Improvements are
conveyed, pursuant to any applicable written agreements with the City or any other entity.
The Parties shall cooperate to maintain any existing agreements and enter into any such
additional agreements as may be required to carry out the Project as set forth in Resolution
No. 1.
8.0 POLICE STATION ANNEX. To facilitate construction of improvements to carry out the
Project, the City and Authority agree that the City has completed vacation and relocation of staff
and personal property from the existing Police Station Annex building and site (the"Police Annex
Site"). The Authority shall pay the cost of demolishing and clearing such improvements from the
Police Annex Site so that it can be used temporarily as construction staging area to facilitate
construction of the Project and subsequently redeveloped and used as surface parking to serve the
needs of the Project. It is further agreed that the cost of demolishing and clearing the Police Annex
Site is not an Eligible Cost of the Project and that no Percentage of State Sales Tax Increment
Revenue shall be expended in connection therewith.
9.0 EFFECT OF AMENDMENT. Except as modified by this Amendment No. 1, the
provisions of the Agreement shall remain unchanged and in full force and effect and fully binding
on the Parties, their successors and assigns, and the Agreement and this Amendment No. 1 shall
be construed together as a single integrated document.
10.0 MINOR CHANGES. The Parties executing this Amendment No. 1 are authorized to
make non-substantive corrections to this Agreement as the Parties mutually consider necessary.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF,this Amendment No. 1 is executed by the Parties hereto in their
respective names as of the date first above written.
THE PUEBLO URBAN RENEWAL
AUTHORITY
ATTEST:
ill ,
Chair
Secretar,
PUEBLO, A MUNICIPAL CORPORATION
ATTEST:
i en ity Council
City rk
Approved by:
City Attorney
THE HARP AUTHORITY
ATTEST:
Chairperson
,e4A7 'V 44,
" ecretary°
rr
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Page 1 of 2
Exhibit A
Role of the Oversight Committee and Construction Committee
CONTRACT REVIEW
The Pueblo Urban Renewal Authority (PURA) will be the contracting entity for the construction of the
expansion of the Pueblo Convention Center with the addition of an approximately 45,000 square foot
Pueblo Professional Bull Riders University /Exposition Hall/Gateway Center facility; Surface Parking Lot
and other Ancillary Items; Heritage Plaza;and Gateway Plaza portions of Phase 1 and Phase 2 of the Pueblo
Professional Bull Riders University and Heritage of Heroes Project (the "Project"). The Oversight
Committee, a five-member committee consisting at all times of the current Chair of PURA, the current
Chair of the Historic Arkansas Riverwalk of Pueblo(HARP)Authority Board,and three members of the City
Council of the City of Pueblo(City)appointed to the Oversight Committee by the President of City Council,
will be responsible for the supervision and oversight of the $14.4 million Construction Financing package
and will review all contacts associated with the Project that will be funded with any portion of the $14.4
million prior to PURA entering into any contract. The Oversight Committee will determine whether the
activities undertaken through the contract are an appropriate expenditure of the funds.
COST CERTIFICATION AND PAYMENT PROCEDURES
Contractor's Application for Payment for Eligible Project costs shall be completed in accordance with the
Schedule of Values and shall be submitted to the Architect, who shall take same to the Construction
Committee for approval. The Construction Committee, comprised of the PURA Construction manager;
and two appointees each from PURA, HARP, and the City. The PURA Construction Manger shall be the
chairperson of the Committee.
The Construction Committee will review the Application for Payment with the Architect.The Construction
Committee, with the guidance of the Architect, will review the Contractors itemized application for
Payment of Eligible Project costs for operations completed in accordance with the schedule of values,
including any work, material or service; and any work covered by change orders. Following the review,
the Construction Committee will either authorize the Architect to issue a Certificate for Payment to the
Oversight Committee, or withhold certification in whole or in part and notify the Oversight Committee
and Contractor in writing the reasons for the action. The City shall designate who will be the responsible
party for delivery of the Certificate of Payment.
The Oversight Committee shall be responsible for the prompt and orderly administration of and certifying
payment of Eligible Costs. The Oversight Committee will review the Certificate of Payment and if it finds
that the cost therein are eligible costs in accordance with the Contract Sum and all authorized Change
Orders, the Oversight Committee shall forward the Certificate of Payment to the appropriate City
Department for submittal to the City of Pueblo's Finance Department for payment in the manner and
within the time provided within the contract.
Applications for Payment for Contracts which are not under the responsibility of the Architect, shall be
submitted to the PURA Construction Manager for review by the Construction Committee. Applications
for Payment shall be itemized using the appropriate and agreed upon schedule of values, including any
work, material, or service. Change Orders to the contract will be reviewed by the Construction
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Page 2 of 2
Committee for cost reasonableness before any addition or deletion to the contract; provided, however, if
the total of all change orders approved by the Construction Committee increases the Contract Sum (as
defined in the prime contract) by 3.5%or more, all subsequent change orders shall be forwarded to the
Oversight Committee for approval. Pay requests shall be processed by the Construction committee as
specified above before forwarding to the Oversight Committee for review and Certification of Payment.
CHANGE ORDERS
The Construction Committee may authorize change orders, based upon guidelines established by mutual
agreement between the Oversight Committee and the Construction Committee at the time of the review
of each contract by the Oversight Committee. Changes in the Work may be accomplished after
execution of the contract by change order; provided, however, if the total of all change orders approved
by the Construction Committee increases the Contract Sum (as defined in the prime contract) by 3.5%or
more,all subsequent change orders shall be forwarded to the Oversight Committee for approval. Change
orders may include: 1) a change in scope of work; 2) a change in the Contract Sum; 3) a change in the
contract time. All change orders shall be brought to the Construction Committee by the Architect and be
authorized based upon a written agreement among the PURA Construction Manager, Contractor, and
Architect. All authorized change orders will subsequently be delivered to the Oversight Committee at
their next regularly scheduled meeting.
MINOR CHANGES IN WORK
The Architect, with the concurrence of the PURA Construction Manager, will have the authority to order
minor changes in the Work not involving adjustment in the Contract Sum or extension of the contract
Time and not inconsistent with the intent of the contract Documents. The architect and Construction
manager will document all Minor Changes in Work and make the Construction Committee aware of same
at the next meeting of the Construction Committee.
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PUEBLO URBAN RENEWAL AUTHORITY
PUEBLO, COLORADO
PROMISSORY NOTE
Dated as of: March 14, 2017 Maturity Date: December 31, 2027
PAYEE: City of Pueblo, Colorado
PRINCIPAL AMOUNT: Twelve Million Two Hundred Thousand Dollars ($12,200,000)
FOR VALUE RECEIVED, the undersigned, Pueblo Urban Renewal Authority, a body
corporate and politic of the State of Colorado ("Authority"), promises to pay to the City of
Pueblo, at One City Hall Place, Pueblo, Colorado, on or before the Maturity Date stated above,
the Principal Amount authorized pursuant to City Resolution, dated February 27, 2017 stated
above, together with interest (i) from the date of the first draw from the 1/2 Cent Fund to pay
Eligible Costs until December 31, 2022, at the rate of two percent (2%) per annum; and (ii)
commencing January 1, 2023 until the maturity date at the rate of three percent (3%) per annum
on the unpaid balance until paid. Interest shall be computed for actual days elapsed on the basis
of a 360-day year consisting of twelve thirty-day months. Accrued interest shall be paid semi-
annually on June 1 and December 1 of each year until December 31, 2027, at which time the
entire principal balance, together with accrued but unpaid interest thereon, shall be due and
payable, provided however, the undersigned shall have the unilateral right to extend the Maturity
Date to December 31, 2037. Such monies are to be used by the Authority to finance the design,
construction and improvement of an approximately 45,000 square foot expansion to the Pueblo
Convention Center Exhibition Hall and an approximately 18,000 square foot attached facility on
the real property more particularly described in Exhibit A attached hereto, and by this reference
incorporated herein.
This note may be prepaid in whole or in part without premium or penalty. The Authority waives
demand, presentment, protest and notice of nonpayment and protest. The Authority agrees to
pay all costs of collection, including reasonable attorney fees.
This Note is secured by and subject to the terms of a Deed of Trust of even date made by the
Authority to the Public Trustee of Pueblo County, Colorado, for the benefit of Payee and the
maturity hereof is subject to acceleration as therein set forth.
The Pueblo Urban Renewal Authority
Attest:
By:
Donald J. B er, Chairman
d►•;i/
Jerry `a hec,, Secretary
PUEBLO URBAN RENEWAL AUTHORITY
PUEBLO, COLORADO
PROMISSORY NOTE
Dated as of: March 14, 2017 Maturity Date: December 31, 2027
PAYEE: City of Pueblo, Colorado
PRINCIPAL AMOUNT: Two Million Two Hundred Thousand Dollars ($2,200,000)
FOR VALUE RECEIVED, the undersigned, Pueblo Urban Renewal Authority, a body
corporate and politic of the State of Colorado ("Authority"), promises to pay to the City of
Pueblo, at One City Hall Place, Pueblo, Colorado, on or before the Maturity Date stated above,
the Principal Amount authorized pursuant to City Resolution, dated February 27, 2017 stated
above. The entire principal balance shall be due and payable on or before December 31, 2027,
provided however, the undersigned shall have the unilateral right to extend the Maturity Date to
December 31, 2037. Such monies are to be used by the Authority to finance the design,
construction and improvement of an approximately 45,000 square foot expansion to the Pueblo
Convention Center Exhibition Hall and an approximately 18,000 square foot attached facility on
the real property more particularly described in Exhibit A attached hereto, and by this reference
incorporated herein.
This note may be prepaid in whole or in part without premium or penalty. The Authority waives
demand, presentment, protest and notice of nonpayment and protest. The Authority agrees to
pay all costs of collection, including reasonable attorney fees. No part of this promissory note
shall be paid by the Authority using the Percentage of State Sales Tax Increment Revenue.
This Note is secured by and subject to the terms of a Deed of Trust of even date made by the
Authority to the Public Trustee of Pueblo County, Colorado, for the benefit of Payee and the
maturity hereof is subject to acceleration as therein set forth.
The Pueblo Urban Renewal Authority
Attest:
By: _ mom„"`— -�
Donald J. Banner, hairman
Jerry . he o, Secretary
re: Resolution 13625
Reception 2066012
03/29/2017 02:15:29 PM
DEED OF TRUST
THIS INDENTURE is made and entered into this 14th day of March, 2017, between
THE PUEBLO URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of
Colorado ("Grantor"), whose address is 115 E. Riverwalk, Suite 410, Pueblo, CO 81003, and the
Public Trustee of Pueblo County, Colorado ("Trustee").
WITNESSETH:
WHEREAS, Grantor has executed two promissory notes ("Note")bearing even date
herewith for the principal sums of TWELVE MILLION TWO HUNDRED THOUSAND
DOLLARS ($12,200,000)and TWO MILLION TWO HUNDRED THOUSAND DOLLARS
($2,200,000)respectively,payable to the order of the CITY OF PUEBLO, COLORADO,
("Beneficiary"),whose address is One City Hall Place, Pueblo, CO 81003 with interest thereon
as provided in the Note and with the balance of principal and interest due and payable in full on
December 31, 2027, unless the Maturity Date of the promissory note is extended as set forth in
said promissory note; and
WHEREAS, Grantor is desirous of securing to Beneficiary,their successors and assigns,
the payment of the principal and interest becoming due under the Note,together with any and all
advances made, expenditures authorized, costs and attorneys' fees incurred, or any other
additional sums as provided for herein or in the Note secured hereby which are expended or
incurred by Beneficiary(all of which shall collectively hereinafter sometimes be referred to as
the "Secured Indebtedness");
NOW, THEREFORE, Grantor, in consideration of the premises and for the purpose of
securing payment of the Note and the other Secured Indebtedness, does hereby grant, bargain,
sell, and convey unto Trustee, in trust forever, that real property("Property"), whether now
owned or hereafter acquired by Grantor, situated in the County of Pueblo, State of Colorado
("Property") and more particularly described in Exhibit A, attached hereto.
TOGETHER with all and singular the tenements, hereditaments, easements, rights-of-
way, licenses, and appurtenances thereunto belonging or in any wise appertaining, whether now
owned or hereafter acquired by Grantor, and any and all rights of ingress and egress to and from
adjoining property(whether such rights now exist or subsequently arise),together with the rents,
issues,profits and other income thereof, and also the entire estate,right, title, interest, claim, and
demand whatsoever of Grantor of, in, and to the same and of, in, and to every part and parcel
thereof; and
TOGETHER with any and all easements, rights-of-way, and licenses used in connection
therewith; and
TOGETHER with all drains and drainage rights appurtenant to, located on, under, or
above, or used in connection with the Property, and
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III II10F.: MI#111.141 hi 11P:f1I'Mr Al,kw
TOGETHER with any and all awards or payments, including interest thereon, and the
right to receive the same, resulting from the exercise of any right of eminent domain, the
alteration of the grade of any road or street, or other injury to, taking of, or decrease in the value
of the Property; and
TOGETHER with all right, title and interest of Grantor, if any, in and to the land lying in
the bed of any street, road, avenue or alley whether open, proposed or vacated, in front of or
adjoining the property; and
TOGETHER with all other or greater rights and interests of every nature in the foregoing
property and Grantor's rights to the possession or use thereof and income therefrom, whether
now owned or subsequently acquired by Grantor.
ALL OF THE FOREGOING property is sometimes hereinafter collectively referred to as
the "Mortgaged Property."
IN TRUST NEVERTHELESS, and time being of the essence hereof, that in the event of
any default by Grantor as defined herein, Beneficiary or the legal holder of the Note may file
notice with Trustee declaring such default and their election and demand that the Mortgaged
Property be advertised for sale and sold in accordance with the statutes of the State of Colorado;
and thereupon, Trustee shall sell and dispose of the Mortgaged Property (en masse or in separate
parcels, as Trustee deems best), and all the right, title, and interest of Grantor, its successors and
assigns, in and to the Mortgaged Property, at public auction, at the location as may be specified
in the notice of such sale, for the highest and best price the same will bring in cash, after public
notice having been previously given of the time and place of such sale in accordance with the
statutes of the State of Colorado by advertisement weekly in some newspaper of general
circulation at that time published in said county in Colorado wherein the Mortgaged Property is
situated; copies of said notice shall be mailed in accordance with the statutes of the State of
Colorado governing sales of real estate by Trustee, and Trustee shall make and give to the
purchaser of the Mortgaged Property at said sale a Certificate of Purchase, describing such
Mortgaged Property sold, the sum paid therefor, and the time when the purchaser (or other
persons entitled thereto) shall be entitled to a deed therefor, unless the same shall be redeemed as
provided by law; and Trustee shall, upon demand by the party holding the said Certificate of
Purchase, the time for redemption having expired, make, execute, and deliver to such party a
deed to the Mortgaged Property purchased in accordance with the statutes of the State of
Colorado; and Trustee shall, out of the proceeds of said sale, after first paying and retaining all
fees, charges, and costs incident to such foreclosure sale, including, without limiting the
generality of the foregoing, all attorneys' fees and court costs and charges of every character, pay
to Beneficiary or the legal holder of the Note the principal, interest, and additional sums due on
the Note, including, without limiting the generality of the foregoing, late charges, default interest
charges, and fees due under the Note, according to the tenor and effect thereof, and all monies
advanced by Beneficiary or the legal holder of the Note for insurance, fees, mechanics' liens or
any other liens on the Mortgaged Property of whatever nature, or for the payment of Grantor's
debts, and any other Secured Indebtedness with interest thereof from the date of the foreclosure
sale to the date of such payment by Trustee at an interest rate per annum equal to the default
interest rate set forth in the Note, rendering the overplus, if any, first unto any subsequent lienors
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■III RIFIIRIXIMIlrilt',C IIF1fl114 uahll�l ��CI lit
in accordance with the statutes of the State of Colorado, and then unto Grantor, which sale and
deed so made shall be a perpetual bar, both in law and equity, against Grantor and all other
persons claiming the Mortgaged Property, or any part thereof, by, from, through, or under
Grantor, or any of them.
It shall be specifically authorized herein that Beneficiary or the legal holder of the Note
or their representatives may bid at the foreclosure sale held by Trustee or by Order of Court and
any bid by Beneficiary or the legal holder of the Note may take into consideration anticipated
taxes, assessments, insurance premiums, utilities, maintenance expense, management costs,
repairs, title expense, and the then going real estate agent's commission, all or any of which may
be incurred during the period of redemption or in order to subsequently sell or otherwise dispose
of the Mortgaged Property after the issuance of the Public Trustee's deed, and such amounts shall
not be deemed an overplus distributable to junior lienors or Grantor.
This Deed of Trust shall secure, as a part of the Secured Indebtedness, without limiting
the generality of the foregoing, any additional advances and any expenditures made by
Beneficiary or the legal holder of the Note (as determined in their sole discretion) for all sums
due under this Deed of Trust, which sums Beneficiary and/or the legal holder of the Note elect to
pay in order to protect their security interest in the Mortgaged Property, together any other
expenditures made or charges incurred by Beneficiary and/ or the legal holder of the Note, with
interest thereon from the date of such expenditure at an interest rate per annum equal to the
interest rate set forth in the Note, all of which sums may be added to Beneficiary's or the legal
holder of the Note's bid at any foreclosure sale held pursuant hereto. Grantor hereby assigns to
Beneficiary and the legal holder of the Note any right Grantor may have by reason of any prior
encumbrance on the Mortgaged Property or by law or otherwise to cure any default under said
prior encumbrance, and further assigns to Beneficiary and the legal holder of the Note any right
Grantor may have by reason of contract or by law or otherwise to make any or all of the
payments described in this paragraph or which Beneficiary or the legal holder of the Note is
permitted to make on behalf of Grantor by the terms of this Deed of Trust. Further, it shall be
lawful for the holder of the Certificate of Purchase covering the Mortgaged Property to make any
of the foregoing expenditures, and upon filing receipts evidencing payment of the same with
Trustee or the Sheriff or other person lawfully conducting said sale and issuing said Certificate
of Purchase, such payments or expenditures shall thereupon become an additional claim or
indebtedness in favor of the holder of such Certificate of Purchase and against the Mortgaged
Property so sold. Before redemption can be made from such foreclosure sale, the party
redeeming shall be required to pay, in addition to the amounts specified in said Certificate of
Purchase, with interest thereon as provided herein, the further and additional amounts
represented by the foregoing expenditures, together with interest thereon from the date of such
expenditure at an interest rate per annum equal to the interest rate set forth in the Note. In the
event of default or foreclosure and if, in the opinion of Beneficiary or the legal holder of the
Note, it is necessary to preserve, protect, or prevent waste, Beneficiary shall have the right to
proceed as it deems advisable and Grantor does hereby appoint Beneficiary as its attorney-in-fact
to do such things as are hereby provided, and this power of attorney is coupled with an interest in
the Mortgaged Property and is irrevocable.
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liiI Fa ill NSC 110E4 ; fein riON JAN!?M'���,I
AND, Grantor represents, warrants, and covenants to Beneficiary, their successors and
assigns, that Grantor has good right, full power and lawful authority to grant, bargain, sell,
convey, transfer, assign and mortgage the Mortgaged Property. To the extent lawfully possible,
Grantor hereby fully and absolutely waives and/or subordinates all rights and claims it may have
in or to the Mortgaged Property under or by virtue of any federal, state, or local law now or
hereafter in effect. This waiver includes but is not limited to the homestead exemption. Grantor
further warrants that the Mortgaged Property is free and clear of all liens, security interests,
encumbrances and other title matters, including, without limitation, mechanics' liens,
materialmen's liens and liens for special assessments for work completed or under construction
on the date hereof; and that Grantor will warrant and forever defend the title to the Mortgaged
Property against the claims of all persons whomsoever claiming or to claim the same or any part
thereof, and the Mortgaged Property in the quiet and peaceable possession of said Trustee, his
successors and assigns, against all and every person or persons lawfully claiming or to claim the
whole or any part thereof, the Grantor shall and will warrant and forever will defend. The
Warranty of Title contained herein shall survive the foreclosure of this Deed of Trust and shall
inure to the benefit of and be enforceable by any person who may acquire title to the Mortgaged
Property pursuant to foreclosure.
GRANTOR further represents, warrants and covenants to Beneficiary, its successors and
assigns, that Grantor is duly organized and validly existing and in good standing under the laws
of the State of Colorado with the power to own the Mortgaged Property; that the Note, this Deed
of Trust and all other documents or instruments securing payment of the Note constitute the
legal, valid, and binding obligations of Grantor, and any other party thereto and are enforceable
in accordance with their terms; that Grantor's execution and delivery of, and performance under,
the Note, this Deed of Trust, and all other documents or instruments securing payment of the
Note have been duly authorized by all requisite action by Grantor's governing body.
GENERAL COVENANTS
THE GRANTOR FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Existence. Grantor will continuously maintain its existence as a body corporate and
politic of the State of Colorado as currently constituted.
2. Payment. Grantor will make prompt payment of principal, interest, and other charges
becoming due under the Note or this Deed of Trust.
3. Possession of the Property--Appointment of Receiver. In the case of any default or
breach under the terms and covenants of the Secured Indebtedness or this Deed of Trust, the
Beneficiary shall at once become entitled to the possession, use and enjoyment of the Mortgaged
Property and to the rents, issues and profits therefrom, from the date of the accruing of such right
and continuing during the pendency of foreclosure proceedings including any period of
redemption. Such possession shall at once be delivered to the Beneficiary or the holder of the
Certificate of Purchase upon demand. Upon refusal, the delivery of such possession may be
enforced by the Beneficiary or the holder of the Certificate of Purchase by an appropriate civil
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Ell PO F.4111110LIIVI
suit or proceeding. The Beneficiary or the holder of the Certificate of Purchase shall be entitled
to appointment of a receiver for the Mortgaged Property to receive the rents, issues and profits
therefrom from and after any such default, including the time covered by foreclosure proceedings
and the period of redemption, as a matter of right without regard to the solvency or insolvency of
the Grantor or of the then owner of said Property and without regard to the value of the
Mortgaged Property. Such receiver may be appointed by any court of competent jurisdiction
upon ex-parte application and without notice, notice being hereby expressly waived. All rents,
issues, profits, income and revenue from said Mortgaged Property shall be applied by such
receiver to the payment first of the fees and costs of such receivership proceeding and then to the
Secured Indebtedness. The balance remaining, if any, shall be disposed of in accordance with the
orders and directions of the court. The fees of any such receiver, attorneys' fees incurred in
appointment of the receiver and administration of the receivership estate and all costs, including
court costs, shall be the liability of the Grantor, its successors and assigns, shall be due and
payable upon demand and shall become so much additional indebtedness secured hereby. Failure
to pay said fees and costs upon demand shall be in breach of the terms of this Deed of Trust. The
rights of Beneficiary under this paragraph shall be in addition to and not in lieu of any rights
existing by virtue of a separate Assignment of Leases, Rents and Other Income.
4. Alienation or Encumbrance of the Mortgaged Property. In the event the Grantor shall
sell, convey, alienate or dispose of the Mortgaged Property described in this Deed of Trust, any
part thereof or any interest therein (including, but not limited to, outright conveyance;
conveyance or alienation of any interest in the Mortgaged Property or any part thereof by land
installment contract or contract for deed; and alienation of any interest in the Mortgaged Property
by lease or rental agreement with option to purchase) the entire Secured Indebtedness,
irrespective of the maturity dates expressed therein, shall, at the option of the Beneficiary and
without delay or notice, immediately become due and payable. If the Beneficiary does not
accelerate the obligation, the Beneficiary, as a condition precedent to their waiver of their right
to accelerate the obligation, (a) may require the party to whom the Mortgaged Property or any
part thereof is alienated to assume the Mutual Encumbrance and Secured Indebtedness; (b) may
charge a transfer fee (which shall be in addition to title insurance, abstracting, credit reports,
surveys, attorneys' fees and other charges pertaining to the transfer or sale); and/or (c) may
increase the interest rate on the Secured Indebtedness to a rate in excess of the rate set forth in
the Note secured by this Deed of Trust. If the Secured Indebtedness is accelerated by reason of
sale, conveyance, alienation or disposal of the Property or any part thereof, the indebtedness as
accelerated shall include as a part of the principal balance and interest accrued at the rate set
forth in said Note, the equity participation amount, if any, as set forth in the said Note.
In the event the Grantor shall further encumber the Mortgaged Property described in this
Deed of Trust by creation of a lien or encumbrance junior to the lien of this Deed of Trust
without the prior written consent of the Beneficiary hereunder, the entire Secured Indebtedness
secured by this Deed of Trust, irrespective of the maturity dates expressed therein, shall at the
option of the Beneficiary and without delay or notice become immediately due and payable. The
consent of the Beneficiary to such further encumbrance shall not be unreasonably withheld.
Nothing in this paragraph shall, however, limit the ability of the Beneficiary hereunder to
withhold consent to alienation of the Mortgaged Property as set forth in the paragraph
immediately above.
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11111 lerA1,11J,l1fi'I19.1'
5. Time of the Essence. Time is of the essence of this Deed of Trust and in the event the
Grantor or the Grantor's successors or assigns fail to pay Beneficiary any and all sums due
according to the terms of the Note and this Deed of Trust and fail to observe and perform any of
the covenants and agreements contained in said Note or this Deed of Trust, Beneficiary may, at
its option, declare said Note and the remaining indebtedness owing thereunder due and payable,
and any tax assessments, insurance premiums, or other advances made or paid by said
Beneficiary and not repaid by the Grantor shall become an additional indebtedness hereunder
and secured by this Deed of Trust.
6. Forebearance; Substitution of Collateral; Partial Releases. It is understood and
agreed that the Beneficiary may, at any time, without notice to any person, grant to the Grantor
any indulgences of forebearance, grant any extension of time for payment of any indebtedness
secured hereby, or allow any change or changes, substitution or substitutions, of or for any of the
Property described in this Deed of Trust or any other collateral which may be held by
Beneficiary; provided, however, under no circumstances shall the Grantor take any action or
grant any such substitution of collateral that impairs or otherwise adversely affects any
outstanding bonds or other prior obligations of the Grantor other than the Property, it being the
understanding of the Beneficiary and successor in interest to the Beneficiary, that the sole and
only security for payment of the Note is the Property described in this Deed of Trust.
Beneficiary's action in so doing shall in no way affect the liability of the Grantor, any endorsers
of the indebtedness secured hereby, or any other person liable for the payment of said
indebtedness, nor shall it in any way affect or impair the lien of this Deed of Trust upon the
remainder of the Property and upon other collateral which is not changed or substituted. It is also
understood and agreed that the Beneficiary and the Trustee may, at any time, without notice to
any person, release any portion of the Property described in this Deed of Trust or any other
collateral which may be held as security for the payment of the Secured Indebtedness either with
or without consideration for such release or releases. Such releases shall not in any manner affect
the liability of the Grantor, all endorsers and all other persons who are or shall be liable for the
payment of said indebtedness, nor shall said releases in any manner affect, disturb or impair the
validity and priority of this Deed of Trust, for the full amount of the indebtedness remaining
unpaid together with all interest and advances which shall become payable, upon the remainder
of the Property and other collateral which is unreleased. It is distinctly understood and agreed by
the Grantor and the Beneficiary that any release or releases may be made by the Beneficiary and
the Trustee without the consent or approval of any person or persons whomsoever.
7. Prosecution or Defense of Actions Affecting Obligation or Lien. If Grantor fails to
perform the covenants and agreements contained in this Deed of Trust or if any action or
proceeding is commenced which affects Beneficiary's interest in the Mortgaged Property or the
validity of the Note secured hereby including, but not limited to, actions by parties claiming an
interest senior and paramount to the lien of this Deed of Trust, or if it becomes necessary for
Beneficiary to file an action to uphold or defend the lien of this Deed of Trust, then Beneficiary
shall have the right to employ its own legal counsel to defend, pursue, compromise, negotiate, or
prevent any such litigation and all sums expended by Beneficiary including reasonable attorneys'
fees and other costs in connection with any such legal action shall become so much additional
indebtedness secured by this Deed of Trust. The failure of the Grantor to pay to Beneficiary all
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11111 EIFI O WPC L 'Miti9LI61,1ii ii L'i1 ',51 1 Mhiiii'rr
such sums expended immediately upon demand shall entitle the Beneficiary, at its option, to
declare the entire indebtedness to be at once due and payable.
8. Foreclosure and Attorneys' Fees. In the case of default in any of the payments of
principal or interest, according to the tenor and effect of the Note secured hereby, or of a breach
or violation of any of the covenants or agreements contained herein, or incorporated herein, then
the whole of said principal sum secured hereby, all interest thereon, and the equity participation
amount, if any, set forth in the Note secured hereby, may at once or at any time thereafter, at the
option of the Beneficiary, become due and payable. If foreclosure is performed by the Public
Trustee, attorneys' fees of a reasonable amount for services in the supervision of said foreclosure
proceedings together with all other costs of said foreclosure proceedings and as provided herein
shall be added by the Public Trustee to the indebtedness secured hereby to be satisfied from the
proceeds of the sale of said Mortgaged Property. If foreclosure is made through the courts,
reasonable attorneys' fees shall be taxed by the court as a part of the costs of such foreclosure
proceedings and such fees and costs shall be treated as a part of the indebtedness secured hereby
to be satisfied from the proceeds of the sale of said Mortgaged Property.
9. Severability; Governing Law; Forum. In the event that any provision or clause of this
Deed of Trust conflicts with applicable law, such conflicts shall not affect or invalidate other
provisions of this Deed of Trust which can be given effect without the conflicting provision. To
this end, the provisions of this Deed of Trust are declared to be severable. The laws of the State
of Colorado shall govern the interpretation, construction and enforcement of this Deed of Trust
and the Note it secures. The District Court of Pueblo County, of the State of Colorado shall be
the exclusive forum within which any and all issues of fact and law concerning the said Note and
this Deed of Trust shall be resolved. Grantor and Beneficiary hereby agree to be subject to the
personal jurisdiction of said Court. To the full extent permitted by applicable law, Grantor and
Beneficiary hereby expressly waive their rights to a jury trial.
10. Successors Bound; Terms; Captions. The covenants herein contained shall bind, and
the benefits and advantages hereof shall inure to the respective heirs, executors, administrators,
successors and assigns of the parties hereto. Whenever used herein, the singular number shall
include the plural and conversely, and the use of any gender shall be applicable to all genders.
Whenever the term "Beneficiary" is used herein, it shall include the legal holder or holders of the
Note or of the indebtedness secured hereby or, where applicable, the holder of a Certificate of
Purchase. Assignment or negotiation of the Note secured hereby shall also be an assignment of
the Beneficiary's interest under this Deed of Trust. In particular, without limitations, the word
"Note" or the words "Promissory Note" shall be singular or plural as the case may be. The
captions and headings of this Deed of Trust are for convenience only and are not to be used to
interpret or define the terms of this document.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS]
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VIII k��.rtLX1 N. �'IfrtiF�t Viiii,11rti16111110e;L iy,
IN WITNESS WHEREOF,this Deed of Trust has been executed by the Grantor as of the
day and year first above written.
GRANTOR:
PUEBLO URBAN RENEWAL AUTHORITY
Atte
Donald J. Bann r, Chair
Jerry P h co, Secretary
State of Colorado )
) ss.
County of Pueblo )
The foregoing instrument was acknowledged before me this 14th day of March 2017, by
Donald J. Banner as Chair and Jerry Pacheco as Secretary of the Pueblo Urban Renewal
Authority, a body corporate and politic of the State of Colorado.
Witness my hand and official seal.
3 12,9 IM commission ex ires:
[SEAL]
.)-(21\ALObLLrJ
rERRI RODRIGUES Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19934003776
mY .:OMMISSION EXPIRES MARCH 29,2017
8
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liiI 14.r1Kal i%IgI Pi EKI r5
EXHIBIT A
LEGAL DESCRIPTION OF THE
PUEBLO CONVENTION CENTER
A Portion of Lots 1, 2 and all of Lot 3, Block 1, Pueblo Center
Subdivision Filing No. 3, A/K/A Parcel B, Rearrangement of
Property Boundary, Reception No. 1152144, containing
approximately 4.29 acres,
Formerly known as Assessor Parcel Nos. 05-361-67-001 through 003, now known as Assessor
Schedule 536167006
9