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Home My WebLink About09608 ORDINANCE NO. 9608 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION, RELATING TO PROPERTY LOCATED AT 442 KEELER PARKWAY, PUEBLO, CO 81001 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The conveyance Agreement, dated November 25, 2019, between the City of Pueblo, a Colorado municipal corporation (“City”) and the Pueblo Development Foundation, a Colorado nonprofit corporation (“PDF”), a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 11, 2019. Final adoption of Ordinance by City Council on November 25, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 27, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-14 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 11, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION, RELATING TO PROPERTY LOCATED AT 442 KEELER PARKWAY, PUEBLO, CO 81001 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign a conveyance Agreement for the transfer of 442 Keeler Parkway, Pueblo, CO 81001 from the Pueblo Development Foundation (“PDF”) to the City. PREVIOUS COUNCIL ACTION: By Ordinance No. 9091, dated February 13, 2017, the City Council approved the conveyance to PDF of Lots 31 and 32, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado, commonly known by street number as 442 Keeler Parkway, Pueblo, CO 81001 (the “Property”). The Property is improved with a commercial office building consisting of approximately 15,500 square feet and a storage building consisting of approximately 6,000 square feet all on approximately 1.97 acres of land. The conveyance was made pursuant an agreement between PDF and the City dated February 13, 2017 (the “2017 Agreement”) to facilitate the lease of the Property to MINI MART, Inc. a Wyoming Corporation, doing business locally as Loaf N’ Jug, (“Loaf ‘N Jug”). The Property was leased as part of an economic development project in which Loaf ‘N Jug used the Property as its headquarters for its multi-state convenience store operations. BACKGROUND: Loaf ‘N Jug has decided to terminate the lease of the Property effective November 30, 2019 and the termination of the Loaf ‘N Jug lease makes it appropriate to return the ownership of the Property to the City and to terminate the 2017 Agreement. PDF is willing to convey title to the Property to the City upon the terms and conditions set forth in the attached Agreement. FINANCIAL IMPLICATIONS: The City will resume ownership of the Property and will become responsible for its maintenance. The Pueblo Economic Development Corporation has been informed of the availability of the Property for future economic development. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the City will be in violation of the 2017 Agreement in which the City agreed to accept reconveyance of the Property upon termination of the Loaf ‘N Jug lease. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance; proposed conveyance Agreement; proposed Special Warranty Deed 2162797 12/17/2019 02:10:25 PM Pagge: 2 2 R 18.00 D 0.00 T 18.00 STATE OF COLORADO ) Gilbert' Qrtofiz Clerk i;ecorder,l Pueblo iounty Co II ss. 11,1 ��I NU ICA MJr� U, 11I II I COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this (5'lek- day of i_.)9Y101 , 2019, by the Pu blo Development Foundation, Inc., by Cab fAA 2 -� (Name), `pg c-Ad- t1 (Title). Witness my official hand and seal. My commission expires:01- V 1../A(767...)2,16 Nota , Pubic Crystal Ann Lucero NOTARY PtJBLJC STATE OF COLORADO NOTARY ID#20114054697 MY COMMISSION EXPIRES 8129023 re: Ordinance 9608 Reception 2162797 12/17/2019 02:10:25 PM SPECIAL WARRANTY DEED THIS DEED, made this 1st day of December, 2019 between the Pueblo Development Foundation, Inc., a Colorado non-profit corporation, whose legal address is P.O. Box 1663, Pueblo, CO 81002 (hereinafter referred to as "Grantor"), and the City of Pueblo, a Colorado municipal corporation, whose legal address is 1 City Hall Place, Pueblo, CO 81003 (hereinafter referred to as "Grantee"): WITNESSESTH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to the CITY OF PUEBLO, a Colorado Municipal Corporation, Grantee, the following real property situate in the County of Pueblo, State of Colorado, to-wit: Lots 31 + 32 Pueblo Memorial Airport Industrial Park Subdivision, County of Pueblo, State of Colorado more commonly known by street and number as: 442 Keeler Pkwy., Pueblo, CO 81001. also known as Pueblo County Assessor Parcel No. 330021041 TOGETHER with all and singular the hereditaments and appurtenances thereto, belonging, or in any otherwise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all of the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or in 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 the Grantee, its successors and assigns forever. Grantor for itself and its successors and/or assigns do covenant and agree that it shall and will warrant and forever defend the above bargained premises in the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. Said warranty is subject to rights-of-way, easements, covenants, plats, agreements and other restrictions of record as of the date of this Deed and any other exceptions or exclusions or rights of third parties not shown by the public records of which Grantee has actual knowledge, and subject to the inclusions of the property within any special taxing district. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. GRANTOR: PUEBLO DEVELOPMENT FOUNDATION, INC. i By Authorized Signatory