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HomeMy WebLinkAbout09648ORDINANCE NO. 9648 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NON- PROFIT CORPORATION TO SELL REAL PROPERTY OWNED BY THE CITY LOCATED IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Buy and Sell Real Estate (“Agreement”) dated January 27, 2020, between the City of Pueblo, a Colorado Municipal Corporation and Pueblo Development Foundation, a Colorado Non-Profit Corporation, for the real property described below, a copy of which Agreement is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved: Lot 39, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado Parcel Number 03-300-21-009 Located at: 31700 Excellence Avenue, Pueblo, Colorado 81001 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 thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent this Ordinance and the attached Agreement which are necessary or appropriate 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 January 13, 2020. Final adoption of Ordinance by City Council on January 27, 2020. President of City Council Action by the Mayor: ☒ Approved on January 29, 2020 . ☐ 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-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 13, 2020 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 PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NON-PROFIT CORPORATION TO SELL REAL PROPERTY OWNED BY THE CITY LOCATED IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign an agreement between the City of Pueblo and Pueblo Development Foundation, a Colorado Non-Profit Corporation (the “Foundation”) for the sale of Lot 39 located in the Pueblo Memorial Airport Industrial Park. PREVIOUS COUNCIL ACTION: On June 10, 2019, by Ordinance No. 9478, City Council approved and authorized the Mayor to sign an agreement with the United States of America which would release Lot 39 from federal obligations, restrictions and conditions; allow it to be used for purposes not related to the airport and allow the City to sell the lot provided that the sale proceeds were subsequently used for airport purposes. BACKGROUND: Lot 39 of the Pueblo Memorial Airport Industrial Park is surplus property because it is disconnected from the primary airport property and is better suited for other uses. The Foundation has requested to purchase Lot 39 for $235,000, which is its appraised value. The Federal Aviation Administration has released Lot 39 from federal obligations, restrictions and conditions thereby allowing it to be sold to the Foundation. FINANCIAL IMPLICATIONS: The Foundation has agreed to pay the City the appraised value of $235,000 for Lot 39. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the expansion of the government printing office facilities to Lot 39 will not occur. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance; proposed Agreement to Buy and Sell Real Estate AGREEMENT TO BUY AND SELL REAL ESTATE THIS AGREEMENT ("Agreement") is made the 27th day of January, 2020, between the City of Pueblo, a Colorado municipal corporation (hereinafter called the "Seller"), and Pueblo Development Foundation, a Colorado nonprofit corporation (hereinafter called the "Purchaser"). Purchaser and Seller are sometimes referred to herein as a "Party" and, collectively, as the "Parties." 1. Property Defined. The Seller agrees to sell and convey to the Purchaser, and the Purchaser agrees to purchase from the Seller, all that certain plat, piece, and parcel of land having the following legal description: Parcel #03-300-21-009, Lot 39, Pueblo Memorial Airport Industrial Subdivision, Pueblo County, Colorado; Located at: 31700 Excellence Avenue, Pueblo, Colorado 81001, (the "Property"). The Property shall be conveyed by Special Warranty Deed ("Deed") a form of which, marked as Exhibit A-1, is attached hereto and incorporated herein by reference. The Property shall be conveyed subject to and subordinate to all easements, reservations, restrictions, covenants, limitations, rights-of-way and conditions of record and zoning and subdivision regulations and resolutions of the City of Pueblo and the Permitted Exceptions (as hereinafter defined), which shall be listed as exceptions in Exhibit A-2 to the Special Warranty Deed, subject to satisfaction of the conditions listed in this Agreement. 2. Purchase Price. Seller and Purchaser agree that the total purchase price shall be Two Hundred Thirty-Five Thousand Dollars ($235,000.00) to be paid as provided in, and subject to, Section 3 below (the "Purchase Price"). 3. Payment of Purchase Price. The Purchase Price for the Property shall be payable as follows: Two Hundred Thirty-Five Thousand Dollars ($235,000.00) in cash or certified funds payable on the Closing Date (as defined in Section 6 below); 4. Real Property Taxes. General real property taxes and assessments for tax year 2020, if any, shall be prorated and paid at Closing to the Seller on the basis of the 2019 tax year. 5. Title Commitment and Policy. Within ten (10) days of the date hereof and, in any event, at least twenty (20) days prior to the Closing Date, Seller shall order and obtain, and deliver to Purchaser, at Seller's expense, a current commitment for extended coverage title insurance in the amount of the Purchase Price, together with legible copies of all documents listed as exceptions therein, and a current certificate of taxes due with 1 respect to the Property, from a title company selected by Seller, and reasonably acceptable to Purchaser, authorized to issue title insurance in the state of Colorado (the "Title Company"), on the current standard form of extended ALTA Owners Policy (collectively, the "Title Commitment"). The Title Company shall promptly provide copies of any amendments or modifications of the Title Commitment to Purchaser. Purchaser shall have the right to review the Title Commitment and the title documents and notify Seller in writing of any title objections to the title exceptions set forth in the Title Commitment. Seller shall have five (5) days from receipt of notice of such objections within which to eliminate or modify (or agree in writing to so eliminate or modify) any such unacceptable exceptions to the reasonable satisfaction of Purchaser, but Seller shall have no obligation whatsoever to so eliminate or modify any such unacceptable exceptions. In the event that Seller is unable or unwilling to eliminate or modify (or agree in writing to so eliminate or modify) such unacceptable exceptions to the reasonable satisfaction of Purchaser on or before the expiration of said five (5) day period, Seller shall notify Purchaser in writing of such fact within said five (5) day period or be deemed to have so notified Purchaser with respect to all such unacceptable exceptions not theretofore cured upon the fifth (5th) day of said period. In such event, Purchaser shall, prior to the Closing Date either (i) waive such objections and accept title to the Property subject to title exceptions set forth in the Title Commitment (the "Permitted Exceptions"), or (ii) terminate this Agreement by written notice to Seller, whereupon this Agreement shall automatically be terminated and of no further force and effect, except as otherwise expressly set forth herein. At Closing or as soon as reasonably practicable after Closing, the Title Company shall issue and deliver to Purchaser the owner's title insurance policy referred to above (the "Title Policy"), issued by the Title Company insuring Purchaser's title to the Property consistent with the Title Commitment subject only to taxes and assessments for the year of Closing and subsequent years, and the Permitted Exceptions. At Closing, Seller shall pay the premium for the Title Policy. Purchaser may obtain such other endorsements to the Title Policy as Purchaser desires, at the expense of Purchaser, except for endorsements obtained at Seller's cost. Seller shall provide such affidavits or certificates, and pay such expenses, as may be required by the Title Company to remove all liens, including, without limitation, mechanics' or materialmen's liens, as exceptions to the Title Policy. 6. Closing Time and Place. Closing of the transaction contemplated hereby ("Closing") shall be held at the offices of Stewart Title, 1307 Fortino Blvd., Pueblo, CO 81008 ata date and time as agreed by Seller and Purchaser. Each of the Parties hereby authorizes Stewart Title to close this transaction and each Party agrees to be responsible for one-half (1/2) of the closing fee charged by Stewart Title. 7. Closing Costs. All other costs and expenses incident to this transaction and the Closing thereof shall be paid by the Party incurring same. 8. Leases or other Agreements. Seller warrants that there are no leases, Agreements or agreements applicable to or affecting the Property, entered into by Seller, and that to the best of Seller's actual knowledge there are no other leases, contracts or 2 agreements entered into by any third Party applicable to or affecting the Property, which are or will be in force and effect on the date of Closing. 9. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE SPECIAL WARRANTY DEED), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH GOVERNMENTAL LAWS, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE SPECIAL WARRANTY DEED, UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS." PURCHASER AND SELLER AGREE THAT THE PROVISIONS OF THIS PARAGRAPH 9 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE RECORDING OF THE SPECIAL WARRANTY DEED HEREUNDER. 10. Seller and Purchaser agree that the provisions of this Agreement shall survive Closing and the recording of the Deed. 11. All understandings and agreements heretofore had between the Parties are merged into this Agreement, which alone fully and completely expresses their agreement and this Agreement is entered into after full investigation, neither Party relying upon any statement or representation, not embodied in this Agreement, made by the other. 12. This Agreement may not be changed or terminated orally. 13. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 14. Applicable Law. THIS AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. SELLER AND PURCHASER HEREBY IRREVOCABLY SUBMIT TO THE PERSONAL AND SUBJECT MATTER JURISDICTION OF THE DISTRICT COURT, PUEBLO 3 COUNTY, STATE OF COLORADO IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS WITH RESPECT TO SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN THE DISTRICT COURT OF PUEBLO COUNTY, STATE OF COLORADO. PURCHASER AND SELLER AGREE THAT THE PROVISIONS OF THIS PARAGRAPH 14 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE RECORDING OF THE SPECIAL WARRANTY DEED HEREUNDER. TO THE FULL EXTENT PERMITTED BY LAW, PURCHASER AND SELLER HEREBY WAIVE THEIR RIGHTS TO A TRIAL BY JURY. 15. The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller and Purchaser, and their respective heirs, executors, administrators, successors and assigns only and are not for the benefit of any third Party, and accordingly, no third Party shall have the right to enforce the provisions of this Agreement or of the documents to be executed and delivered at Closing. 16. The following schedules or exhibits attached hereto shall be deemed to be an integral part of this Agreement: Exhibit A-1 — Form of Special Warranty Deed Exhibit A-2 — Permitted Exceptions 17. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. 18. Nothing in this Agreement is intended to nor shall be deemed to constitute a partnership or joint venture between the Parties, or to create any agency or partner relationship between the Parties. Neither Party shall hold itself out as a partner, joint venture, agent, or representative of the other under this Agreement. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third Party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. 19. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 20. The failure to enforce any provision of this Agreement shall not operate as a waiver of any preceding or future breach of any such provision or any other provision hereof. 4 21. Neither Party shall record this Agreement nor any short form memorandum of this Agreement. Executed at Pueblo, Colorado, the day and year first above written. SELLER: CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION By: Laeogr/ :iwaxerly Nicholas A. adisar Mayor ATTESTED BY: jatrida aAlki/LO CITY CLERK PURCHASER: PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION By: /(711711-iL" .._..__ Name: ij2,,0----z.., 4„---t------ Title: /),2 f5( '"'1 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instr ment wasknow edged bef e me this �fl7`day of eL_-d,/_,A 2020 by �j fA4- c, -f as ri -,E_li of Pueblo Developm;fit Foundation, a olorado nonprofit corporation. Witness my hand and official seal. My commission expires: , J` . [ SEAL ] 1 V It► AP 0.7e,e) Notary 'ublic Crystal Ann Lucero 5 NOTARY PUBLIC STATE OF COLORADO NOTAOCEX 1�& , MY COMMISSION Reception 2194578 09/29/2020 03:33:32 PM SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this // day of September, 2020 by and between the City of Pueblo, a Colorado municipal corporation, (herein "City") and Pueblo Development Foundation, a Colorado nonprofit corporation, 301 N. Main Street, Suite 210, Pueblo, CO 81003 (herein "Company") WITNESSETH: That City for and in consideration of the sum of Two Hundred Thirty-Five Thousand Dollars ($235,000.00) and other good and valuable consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Company, its successors and assigns forever, all the real property situate, lying and being in the County of Pueblo, State of Colorado, more particularly described as Lot 39, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo County, Colorado (herein "Property"), with all its appurtenances and improvements, and warrants the title to the same against all and every person claiming the whole or any part thereof, by, through or under the City, subject to easements, rights of way, restrictions and reservations of record and easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or under the Property. This conveyance is of the surface estate only and no mineral rights are conveyed by this instrument. This conveyance is made subject and subordinate to those encumbrances and exceptions (the "Permitted Exceptions") set forth on Exhibit A attached hereto and made a part hereof for all purposes. This conveyance is further made subject to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successors and assigns: 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise or other disturbances as be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects and other obstructions on the Property, to a height which conforms to the height restrictions mandated by the Federal Aviation Administration. In the event this covenant is breached, City reserves the right to enter upon the Property to remove the offending structure or object at the expense of the Company, its successors and assigns. 1 2194578 09/29/2020 03:33:32 PM Page: 2 of 5 R 33.00 pe 23.50 T 56.50 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co 111111 Kira�lK«'�I li i�+��111'411'1J�:��U1?10Y14 iI III 3. Company shall comply with notifications, review requirements, and conditions of approval of the Federal Aviation Administration prior to the construction, modification or alteration of any building or structure on the Property. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) All buildings, accessory structures, and site improvements shall conform to development requirements of the Pueblo County Code. In addition to the Pueblo County development requirements, the Company agrees to the following requirements: (1) The Property may be used only for business and commercial purposes 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 and in accordance with law. The Property shall comply with all environmental regulations that are applicable to the Property and its use. No activity shall be undertaken which would cause or permit the presence, use, generation, release, discharge, storage or disposal of hazardous materials, as regulated by law. (2) A landscape area must be installed and maintained entirely in the right-of-way areas abutting streets adjacent to the site. The landscape area must extend from the property line(s)to the street curb(s). The landscape area shall incorporate xeric or other style landscape materials including a mixture of shrubs, grasses, and ground cover. For the right-of-way areas abutting the footprint of the primary structure, excluding driveway openings, there shall be one tree for every fifty (50) linear feet. (3) Company shall provide for storm water drainage facilities on the Property designed and constructed to not exceed the maximum release rate from the detention facilities at the constructed ponding depth which complies with the most current Colorado Department of Public Health and Environment Water Quality Municipal MS4 Individual Permit standards. The point of discharge from the detention facility shall be at a location approved by the Director of the City of Pueblo Stormwater Utility. (4) Company, its successors and assigns, acknowledge, understand, and agree that waste water discharged from the Property into the City's sanitary sewer system and the Company's use thereof are limited by and subject to the City's sewer user, industrial cost recovery, high strength surcharge and pretreatment ordinances and rules and regulations applicable to the City's sanitary sewer system at the Pueblo Memorial Airport, now in effect or hereafter adopted or amended. 2 2194578 09/29/2020 03:33:32 PM T Paggrt3Ort 25Cle k3Reoor dr? Pueblo 5oun50, Co 111111Milth ifill iKli :1613111111/211 Nr'r'P:':1+M"l4411111 (5) 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 the site plans and plans and specifications therefor to the City's Mayor for approval in writing. 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. All primary buildings constructed on the Property shall conform to building architectural standards for low visibility industrial areas in the Pueblo City Code, Title XVII Zoning, Section 17-4-49(f)(1). 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. b) Company shall keep and maintain the Property and all buildings, landscaping and improvements located thereon in accordance with law and 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. (c) Company shall, at its own expense, cause all utilities 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. (d) Company, its successors and assigns, acknowledge, understand, and agree that the Property is bound by and subject to the City's combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport Industrial Park established by and in accordance with 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 Industrial Park 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 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. (e) City reserves the right to waive all or any part of these Restrictive Covenants. 3 2194578 09/29/2020 03:33:32 PM Page: 4 of 5 R 33. D T 56.50 Gilbert Ortiz ClerklRecorder00 23 ; Pu.50eblo County. Co ■III Pri Tilt Il 'IA 116'11111'J !'i k! II 4. 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. 5. 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. PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION By: f� Name: �d/✓9& j Title: / L5/� STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO The foregoing ins ument was ac nowledged be re me this / / day of `r 1. . ,x; 020 by p -c l: t,, as ' y Lc( of Pueblo �ev:lopment Foundation, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: i (1/1 oZGF [ SEAL ] r -..aid °I ."•'-rry P�•l is CITY OF PUEBLO, A COLORADO Crystal Ann Lucero MUNICIPAL CORPORATION NOTARY PUBUC STATE OF COLORADO NOTARY ID#20114054697 .01..414440; MY COMMISSION EXPIRES 8292023 By: 2fedgai Nicholas A. Gradisar Mayor 4 2194578 09/29/2020 03:33:32 PM Page: 5 of 5 R 33.00 D 23.50 T 56.50 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co 1111 ' IIn11111 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this // day of September, 2020 by Nicholas A. Gradisar as Mayor of the City of Pueblo, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: leA,/ [ SEAL ] Eilene Tracey SampleQ�- NOTARY PUBLIC STATE OF COLORADO Notary PubII� NOTARY ID#20074038010 MY COMMISSION EXPIRES 10/1012023 5