HomeMy WebLinkAbout10106ORDINANCE NO. 10106
AN ORDINANCE AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS IN CONNECTION WITH THE
RELEASE OF CERTAIN REAL PROPERTY FROM THE
EXISTING LEASED PROPERTY UNDER THE LEASE
PURCHASE AGREEMENT DATED AS OF NOVEMBER 12, 2014,
AS AMENDED, BETWEEN THE CITY AND THE CITY OF
PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION
AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO
TAKE ALL NECESSARY AND APPROPRIATE ACTIONS
RELATING TO SAME
WHEREAS, the City of Pueblo, Colorado (the “City”), is authorized, pursuant to the Home
Rule Charter of the City (the “Charter”) to enter into lease purchase agreements in order to provide
lands and facilities for governmental purposes; and
WHEREAS, the City has previously entered into a Site Lease dated as of November 12,
2014 (the “2014 Site Lease”), between the City, as lessor, and the City of Pueblo, Colorado
Municipal Building Corporation (the “Corporation”), as lessee and a Lease Purchase Agreement
dated as of November 12, 2014 (the “2014 Lease”), between the City, as lessee, and the
Corporation, as lessor, for the purpose of providing funding to finance the replacement of
approximately 8,725 high pressure sodium streetlight fixtures with approximately 8,725 light
emitting diode streetlight fixtures throughout the City (the “2014 Project”); and
WHEREAS, pursuant to a Trust Indenture dated as of November 12, 2014 (the “2014
Indenture”), between the Corporation and Wells Fargo Bank, National Association, in its capacity
as trustee thereunder (the "Trustee"), and a Continuing Covenant Agreement dated as of
November 12, 2014 (the “2014 Agreement”), by and among the City, the Corporation and the
Trustee, the City caused the execution and delivery of the Certificate of Participation, Series 2014,
in the original aggregate principal amount of $4,200,000 (the “Series 2014 Certificate”),
evidencing interests in the right to receive revenues under the 2014 Lease, which Series 2014
Certificate is currently outstanding in the aggregate principal amount of $1,362,802.78; and
WHEREAS, the City Council of the City of Pueblo, Colorado (the “City Council”) has
determined that it is in the best interests of the City and its residents to effect a release of that
portion of the Leased Property identified in the 2014 Lease as Parcel B and known as Lot 67 (“Lot
67”) in order to maximize the usefulness of Lot 67 and facilitate the development of the
surrounding land by (a) executing and delivering the First Amendment to the 2014 Site Lease (the
“First Site Lease Amendment”), (b) executing and delivering the Second Amendment to the 2014
Lease (the “Second Lease Amendment”), and (c) approving the execution and delivery of the
Second Supplemental Indenture (the “Second Supplemental Indenture”), each in substantially the
form presented to the City and made available to the City Council prior to this meeting; and
WHEREAS, Wells Fargo Bank, National Association is the Initial Purchaser and current
Owner (as defined in the Indenture) of 100% of the Series 2014 Certificate; and
WHEREAS, the Trustee has notified the Owner of the First Site Lease Amendment, the
Second Lease Amendment and the Second Supplemental Indenture in accordance with the
provisions of Section 9.05 of the Indenture, and the Owner has acknowledged, consented to, and
approved the execution of the same; and
WHEREAS, the City Council has been presented with or had made available to it
substantially final forms of the First Site Lease Amendment, the Second Lease Amendment and
the Second Supplemental Indenture; and
WHEREAS, the City Council expects and intends that the 2014 Lease will continue to be
renewed and appropriated for in the foreseeable future; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO:
Ratification of Prior Actions. All action heretofore taken (not inconsistent with the
provisions of this Ordinance) by the City Council or the officers or employees of the City, directed
toward the release of Lot 67 from the Leased Property described in the 2014 Site Lease, the 2014
Lease and the 2014 Indenture, are hereby ratified, approved and confirmed.
Authorization of Release; Approval Lease Amendments. The City Council hereby
authorizes and consents to the release of Lot 67 from the Leased Property in accordance with
the provisions of the 2014 Lease. In accordance with the foregoing, the First Site Lease
Amendment and the Second Lease Amendment, 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 Mayor is authorized to
affix his signature to the First Site Lease Amendment and the Second Lease Amendment in
substantially the forms 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 changes, modifications, additions or
deletions therein as the Mayor 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 Lease
Amendments presented to the City and made available to the City Council prior to this meeting.
Consent and Approval of Supplemental Indenture. The City Council hereby approves
and acknowledges the Second Supplemental Indenture 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.
Other Actions in Furtherance of this Ordinance. The City Clerk is hereby authorized
to attest all signatures and acts of any official of the City Council or the City in connection with the
matters authorized by this Ordinance, and to place the seal of the City on the First Site Lease
Amendment and the Second Lease Amendment and any other necessary documents authorized
and approved by this Ordinance. The Mayor and any 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
agreements, 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 Ordinance.
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.
Severability. If any section, paragraph, clause or provision of this Ordinance 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 Ordinance.
Repealer. All bylaws, orders and ordinances, or parts thereof, inconsistent with this
Ordinance 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.
Effective Date. 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 10, 2022.
Final adoption of Ordinance by City Council on January 24, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on January 31, 2022 .
□ 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-7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 10, 2022
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS IN CONNECTION WITH THE RELEASE OF CERTAIN REAL
PROPERTY FROM THE EXISTING LEASED PROPERTY UNDER THE LEASE
PURCHASE AGREEMENT DATED AS OF NOVEMBER 12, 2014, AS
AMENDED, BETWEEN THE CITY AND THE CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS
RELATING TO SAME
SUMMARY:
The attached Ordinance authorizes and approves the execution and delivery of documents in
connection with the release of Lot 67 located in the Pueblo Memorial Airport Industrial Park from
the Lease Purchase Agreement dated November 12, 2014, as amended, and authorizes the
Mayor and the City Clerk to take all necessary and appropriate actions relating to the same.
PREVIOUS COUNCIL ACTION:
The City has previously entered into a Lease Purchase Agreement dated as of November 12,
2014 (the “2014 Lease”), between the City, as lessee, and the City of Pueblo, Colorado Municipal
Building Corporation (the “Corporation”), as lessor, for the purpose of providing funding to finance
the replacement of approximately 8,725 high pressure sodium streetlight fixtures with
approximately 8,725 light emitting diode streetlight fixtures throughout the City (the “2014
Project”). Pursuant to a Trust Indenture dated as of November 12, 2014 (the “2014 Indenture”),
between the Corporation and Wells Fargo Bank, National Association, in its capacity as trustee
thereunder (the "2014 Trustee"), and a Continuing Covenant Agreement dated as of November
12, 2014 (the “2014 Agreement”), by and among the City, the Corporation and the 2014 Trustee,
the City caused the execution and delivery of the Certificate of Participation, Series 2014, in the
original aggregate principal amount of $4,200,000 (the “Series 2014 Certificates”), evidencing
interests in the right to receive revenues under the 2014 Lease.
During the Summer of 2021, due to a national reduction in interest rates, Mayor Gradisar
proposed to Wells Fargo Bank, National Association (the “Bank”) as the initial purchaser and the
sole owner of the Series 2014 Certificates, that the Bank reduce the interest rate on the Series
2014 Certificates. The Bank acquiesced to the Mayor’s request and on July 12, 2021, by
Ordinance No. 9967, City Council approved the necessary amendments to the financing
documents which resulted in the reduction of the interest rate on the Series 2014 Certificates from
2.54% to 1.25% through the reissuance of the Series 2014 Certificates under the Internal
Revenue Code of 1986, as amended.
BACKGROUND:
During the Fall of 2021, at the suggestion of the Pueblo Economic Development Corporation
(“PEDCO”) Mayor Gradisar requested the Bank to release that portion of the Leased Property
identified in the 2014 Lease as Parcel B and known as Lot 67 located in the Pueblo Memorial
Airport Industrial Park, from the Bank’s Trust Indenture, in order to maximize the usefulness of
Lot 67 and facilitate the development of said lot by a new employer recruited by PEDCO. The
Bank has agreed to the Mayor’s request and the attached Ordinance implements the release of
Lot 67.
FINANCIAL IMPLICATIONS:
None. Approval of this ordinance will not affect the amount of the lease payments made by the
City to the City of Pueblo, Colorado Municipal Building Corporation.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to approve the release of “Lot 67” from the Lease Purchase
Agreement.
RECOMMENDATION:
The Board of Directors of PEDCO recommends approval of this Ordinance.
Attachments:
Proposed Ordinance
First Amendment to Site Lease
Second Supplemental Indenture
Second Amendment to Lease Purchase Agreement
Resolution of The Board of Directors of City of Pueblo, Colorado Municipal Building Corporation
re: Ordinance 10106
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FIRST AMENDMENT TO SITE LEASE
between
CITY OF PUEBLO, COLORADO
as Lessor,
and
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION,
as Lessee
Dated as of August 1, 2022
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Gilbert Ortiz 'OIerk/Recorder. Pueblo County. Co
■i king tlAMf aV IM/IF:l tie
THIS FIRST AMENDMENT TO SITE LEASE dated as of August 1, 2022 (this "First
Site Lease Amendment"),between the CITY OF PUEBLO,COLORADO,as lessor(the"City"),
a political subdivision duly organized and existing under the laws of the State of Colorado (the
"State"), and CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING
CORPORATION, a Colorado nonprofit corporation, as Lessee (together with its successors and
assigns, the "Corporation");
WITNESSETH:
WHEREAS, the City and the Corporation have previously entered into that certain Site
Lease dated as of November 12,2014(the"2014 Site Lease"and together with this First Site Lease
Amendment, the"Site Lease"), between the City, as lessor, and the Corporation, as lessee; and
WHEREAS, the City and the Corporation have previously entered into that certain Lease
Purchase Agreement dated as of November 12, 2014 (the "2014 Lease"), between the City, as
lessee, and the Corporation, as lessor, for the purpose of providing funding to finance the costs of
replacing approximately 8,725 high pressure sodium streetlight fixtures with approximately 8,725
light emitting diode streetlight fixtures throughout the City (the "Project"); and
WHEREAS, pursuant to a Trust Indenture dated as of November 12, 2014 (the
"Indenture"),between the Corporation and Wells Fargo Bank,National Association, in its capacity
as trustee thereunder (the "Trustee"), the Corporation caused the execution and delivery of the
Certificate of Participation, Series 2014, in the original aggregate principal amount of$4,200,000
(the "Series 2014 Certificate"), evidencing interests in the right to receive revenues under the
Lease, which Series 2014 Certificate is currently outstanding in the aggregate principal amount of
$1,362,802.78; and
WHEREAS, Wells Fargo Bank, National Association is the Initial Purchaser and current
Owner (as defined in the Indenture) of 100%of the Series 2014 Certificate; and
WHEREAS,the City and the Corporation desire for the 2014 Site Lease to be amended by
this First Site Lease Amendment to provide for the release from the Site Leased Property of the
property described as Parcel B in Exhibit A to the 2014 Lease; and
WHEREAS, the Trustee has notified the Owner of this First Site Lease Amendment in
accordance with the provisions of Section 9.05 of the Indenture,and the Owner has acknowledged,
consented to, and approved the execution of this First Site Lease Amendment; and
WHEREAS, this First Site Lease Amendment is entered into for the purpose of providing
for the release from the Site Leased Property of the property described as Parcel B in Exhibit A to
the 2014 Lease;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows;
Section 1. Definitions. Unless the context otherwise requires, capitalized terms used
herein shall have the meanings ascribed to them herein and in the 2014 Lease, as amended.
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Section 2. Section 2.02. Amendment of Exhibit A. The description of the Site Leased
Property contained in Exhibit A to the 2014 Site Lease is hereby amended and restated to read as
set forth in Exhibit A hereto.
Section 3. Section Headings. All section headings contained herein are for convenience
of reference only and are not intended to define or limit the scope of any provision of this Site
Lease.
Section 4. Execution. This Site Lease may be executed in any number of counterparts,
each of which shall be deemed to be an original but all together shall constitute but one and the
same Site Lease.
[Signature Page of First Site Lease Amendment Follows]
2
4884-4874-8037.2
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1
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n der Pueblo County Co 1iiiitillitilN:lieligiEW 61 WWII kiliV/11111110 1 iiiii I 111
IN WITNESS WHEREOF, the City and the Corporation have caused this First Site Lease
Amendment to be executed by their respective officers thereunto duly authorized, and the City has
affixed its corporate seal hereto all as of the day and year first above written.
[SEAL] %'13,Lo,z: CITY OF PUEBLO, COLORADO
71:,' * , as Lessee
`ir, ,-lf�j�'
,, ,, By
�-i �,' Nicholas A. Gradisar, Mayor
Attest: ..l'o"
(.. it... saccip......)
By
City Cler
CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION, as
Lessee
eit0404.514.;
By: geae...41
President
[Signature Page to First Site Lease Amendment]
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Gilbert O' ti.z Clerk/Recorder. Pueblo Co nry, Go
110 x!/001114u r��i�!I hM� r`
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO )
This instrument was acknowledged before me this 3I day of -ala l `�'
2022 by Nicholas A. Gradisar, as Mayor of the City of Pueblo, Colorado, a hd by Marr Stoller,
as Clerk of said City.
WITNESS my hand and official seal.
Eilene Tracey Sample 211,„_e_
NOTARY PUBLIC e
STATE OF COLORADO '
NOTARY ID#20074030010 Notary Public
[SEAL] MY COMMISSION EXPIRES 10/10/2023
My Commission Expires:
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Gilbert Ortiz Clerk/Recorder . Pueblo Couny, Co
®11111 FARK' II III
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 31 day
of 401A,u,, , 2022 by At e. (0.4 C-cnoactie.r as President of City of Pueblo,
Color do Munici al Building Corporation, a nonprofit corporation duly organized and validly
existing under the laws of Colorado.
WITNESS my hand and official seal.
Eilene Tracey Sample
NOTARY PUBLIC 111'- 0.
STATE OF COLORADO •
NOTARY IDS 20074008010 Notary Public
[SEAL] MY CCOMISSION EXPIRES tato
My Commission Expires:
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Gilbert Ortiz C1ert /Recorder: 7b 10 County, Co
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EXHIBIT A
DESCRIPTION OF THE LEASED PROPERTY
PARCEL A:
LOTS 9, 10, 11 AND 12 IN BLOCK 31 IN COUNTY ADDITION TO THE CITY OF PUEBLO,
ACCORDING TO THE AMENDED PLAT OF SAID ADDITION FILED FOR RECORD
NOVEMBER 20, 1879 IN PLAT BOOK C AT PAGE 154, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL B:
[Parcel B deleted pursuant to First Site Lease Amendment]
PARCEL C:
LOT 1 IN BLOCK 1 IN EAGLERIDGE FIRE STATION SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 8, 1998 UNDER RECEPTION NO. 1199836,
COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL D:
LOTS 17, 18, 19 AND THE SOUTH 1/2 OF LOT 20 IN BLOCK 23 IN HILLSIDE,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 20, 1890 IN PLAT BOOK
H AT PAGE 21, COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL E:
LOTS 42 AND 43 IN BLOCK 151 IN FLETCHER HILL SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 31, 1890 IN PLAT BOOK F AT PAGE 16,
COUNTY OF PUEBLO, STATE OF COLORADO.
A-1
4884-4874-8037.2
RESOLUTION OF THE BOARD OF DIRECTORS
OF
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION
WHEREAS, the City of Pueblo, Colorado Municipal Building Corporation (the
"Corporation") has previously entered into a Lease Purchase Agreement dated as of November 12,
2014 (the "2014 Lease"), between the City of Pueblo, Colorado (the "City"), as lessee, and the
Corporation, as lessor, for the purpose of providing funding to finance the replacement of
approximately 8,725 high pressure sodium streetlight fixtures with approximately 8,725 light
emitting diode streetlight fixtures throughout the City (the "2014 Project"); and
WHEREAS, pursuant to a Trust Indenture dated as of November 12, 2014 (the "2014
Indenture"), between the Corporation and Wells Fargo Bank, National Association, in its capacity
as trustee thereunder (the "2014 Trustee"), and a Continuing Covenant Agreement dated as of
November 12, 2014(the"2014 Agreement"),by and among the City,the Corporation and the 2014
Trustee, the City caused the execution and delivery of the Certificate of Participation, Series 2014,
in the original aggregate principal amount of $4,200,000 (the "Series 2014 Certificates"),
evidencing interests in the right to receive revenues under the 2014 Lease, which Series 2014
Certificates are currently outstanding in the aggregate principal amount of$1,362,802.78 and bear
interest at a rate of 1.25% per annum; and
WHEREAS, the Board of Directors of the Corporation (the"Board") finds and determines
that it is advisable to effect a release of that portion of the Leased Property identified in the 2014
Lease as Parcel B and known as Lot 67 ("Lot 67") in order to maximize the usefulness of Lot 67
and facilitate the development of the surrounding land by (a) executing and delivering the First
Amendment to the 2014 Site Lease (the "First Site Lease Amendment"), (b) executing and
delivering the Second Amendment to the 2014 Lease (the "Second Lease Amendment"), and (c)
executing and delivering the Second Supplemental Indenture (the "Second Supplemental
Indenture"), each in substantially the form presented to the Corporation and made available to the
Board prior to this meeting; and
WHEREAS, it appears that each of the instruments above referred to is in appropriate form
and is an appropriate instrument for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION, AS FOLLOWS:
Section 1. All actions of the Corporation and the officers thereof (the "Officers") in
effecting the release of Lot 67 pursuant to and in accordance with the transactions contemplated
by the foregoing documents are hereby approved, ratified and authorized.
Section 2. The form and content of the First Site Lease, the Second Lease Amendment
and the Second Supplemental Indenture, respectively, are in all respects authorized, approved and
confirmed and the Officers of the Corporation be,and they hereby are,authorized,empowered and
directed to execute and deliver the First Site Lease, the Second Lease Amendment and the Second
Supplemental Indenture, for and on behalf of the Corporation, including necessary counterparts,
in substantially the form and content presented to the Board of Directors, but with such changes,
4861-5144-2694.1
modifications, additions or deletions therein as shall to them seem necessary, desirable or
appropriate, their execution thereof to constitute conclusive evidence of their approval of any and
all changes, modifications, additions or deletions therein from the form and content of the First
Site Lease, the Second Lease Amendment and the Second Supplemental Indenture presented to
the Board of Directors, and that from and after the execution and delivery of the First Site Lease,
the Second Lease Amendment and the Second Supplemental Indenture, the Officers of the
Corporation are hereby authorized, empowered and directed to do all such acts and to execute all
such documents as may be necessary to carry out and comply with the provisions of the First Site
Lease, the Second Lease Amendment and the Second Supplemental Indenture as executed.
Section 3. The Officers of the Corporation be, and they hereby are, authorized to execute
and deliver for and on behalf of the Corporation any and all additional certificates, documents,
opinions or other papers and to perform all other acts as may be required by the documents
contemplated above or as they may deem necessary or appropriate in order to implement and carry
out the intent and purposes of this Resolution.
Section 4. The provisions of this Resolution are hereby declared to be separable and if any
section, phrase or provision shall for any reason be declared to be invalid, such declaration shall
not affect the validity of the remainder of the sections, phrases or provisions.
Section 5. This Resolution shall become effective immediately upon its passage and
approval.
[Signatures appear on following page]
2
4861-5144-2694.1
PASSED, ADOPTED AND APPROVED this 20 day of January, 2022.
CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION
By 7e-Segirti .l.�t#4
President
By
Secretary
486I-5144-2694.I
re: Ordinance 10106 2296338 1 1107/2022 02:09:30 PPI
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Gilbert Or—1.2 C'lerk/Recorde,' Pueb1 ountti CI i
11III !'�r��� rr�I� ! J �� Kra �N3', ,��� I0 441!II1
SECOND SUPPLEMENTAL TRUST INDENTURE
Between the
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION
and
WELLS FARGO BANK, NATIONAL ASSOCIATION
as Trustee
Relating to the reissuance of the following
Certificate of Participation
evidencing undivided interests in the right to receive
certain revenues payable by
the City of Pueblo, Colorado
under a Lease Purchase Agreement dated as of November 12, 2014
Dated as of August 1, 2022
4880-9183-7701.1
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Gilbert Ortiz Clerk/Recor•dee-. Pueblo County Co
■III 101,00116,1 With N,';0:101,C'0141 I,IAA 11111
TABLE OF CONTENTS
Page
ARTICLE I
AUTHORITY AND PURPOSE
ARTICLE II
AMENDMENTS
ARTICLE III
MISCELLANEOUS
Section 3.01. Incorporation By Reference 2
Section 3.02. Effective Date 2
Section 3.03. Original Indenture in Full Force and Effect. 2
Section 3.04. Counterparts 2
Section 3.05. Captions. 2
Section 3.06. Applicable Law 2
Section 3.07. Execution in Counterparts. 2
APPENDIX A DESCRIPTION OF THE SITE LEASED PROPERTY
4880-9183-7701.1
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Gilbert Orr
Ortiz C;erk/Pecoder , Pueblo CountYlt, co
II
11II{11I� !11 I IN 71 1 ��� I li�l lilt A III a III
THIS SECOND SUPPLEMENTAL TRUST INDENTURE (this "Second Supplemental
Indenture")is dated as of August 1,2022,and is entered into by and between the CITY OF PUEBLO,
COLORADO MUNICIPAL BUILDING CORPORATION (the "Corporation"), a Colorado
nonprofit corporation duly organized and validly existing under the laws of the State of Colorado(the
"State"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking
association duly organized and validly existing under the laws of the United States, as trustee (the
"Trustee").
RECITALS
WHEREAS, pursuant to a Trust Indenture dated as of November 12, 2014 (the "Original
Indenture"),between the Corporation and the Trustee, and a Continuing Covenant Agreement dated as
of November 12, 2014 (the "Agreement"), by and among the City of Pueblo, Colorado (the "City"),
the Corporation and the Trustee, the City caused the execution and delivery of the Certificate of
Participation, Series 2014, in the original aggregate principal amount of$4,200,000(the "Series 2014
Certificate"), evidencing interests in the right to receive revenues under the Lease, which Series 2014
Certificate is currently outstanding in the aggregate principal amount of $1,362,802.78 and bears
interest at a rate of 2.54%per annum; and
WHEREAS, Wells Fargo Bank, National Association is the Initial Purchaser and current
Owner(as defined in the Original Indenture)of 100%of the Series 2014 Certificate; and
WHEREAS, the Corporation and the Trustee have previously entered into that First
Supplemental Indenture dated as of September 9, 2021 (the "First Supplemental Indenture" and,
together with the Original Indenture, the "Indenture") for the purpose of amending the terms of the
outstanding Series 2014 Certificate to effect a reduction in its interest rate; and
WHEREAS, the City has requested that the Corporation and the Trustee further amend and
supplement the Original Indenture in order to provide for the release from the Leased Property of the
property described as Parcel B in Appendix B to the Original Indenture; and
WHEREAS, the Trustee has notified the Owner of this Second Supplemental Indenture in
accordance with the provisions of Section 9.02 of the Original Indenture, and the Owner has
acknowledged, consented to, and approved the execution of this Second Supplemental Indenture; and
WHEREAS, terms used but not defined herein shall have the meanings given to them in the
Original Indenture;
NOW, THEREFORE,for and in consideration of the mutual covenants and the representations,
covenants and warranties herein contained, the parties hereto agree as follows:
ARTICLE I
AUTHORITY AND PURPOSE
This Second Supplemental Indenture is executed and entered into under authority of and in
accordance with Section 9.02(a)of the Original Indenture.
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Gilkoe t Ortiz Clerk/Recorder, Pueblo County Co
liII PAIRh Oa NiI 141111111 rthii iiir 1191 kiA I III
ARTICLE II
AMENDMENT OF APPENDIX B
The description of the Site Leased Property contained in Appendix B to the Original Indenture
is hereby amended and restated to read as set forth in Appendix A hereto.
ARTICLE III
MISCELLANEOUS
Section 3.01. Incorporation By Reference. The Corporation and the Trustee agree that the
amendments contained in this Second Supplemental Indenture shall be incorporated by this reference
thereto into the Indenture, which Indenture as so amended and supplemented shall produce a
conformed amended and restated Indenture which shall serve as the sole operative Indenture in
connection with the Series 2014 Certificates.
Section 3.02. Effective Date. This Second Supplemental Indenture shall be effective from
and after August 1,2022.
Section 3.03. Original Indenture in Full Force and Effect. All other terms and conditions
of the Original Indenture not specifically amended by the First Supplemental Indenture and this Second
Supplemental Indenture shall remain in full force and effect and are hereby ratified and confirmed by
the Corporation,the Trustee and the Owner.
Section 3.04. Counterparts. This Second Supplemental Indenture may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
Section 3.05. Captions. The captions or headings herein are for convenience only and in no
way define, limit or describe the scope or intent of any provisions or sections of this Second
Supplemental Indenture.
Section 3.06. Applicable Law. The laws of the State shall be applied in the interpretation,
execution and enforcement of this Second Supplemental Indenture.
Section 3.07. Execution in Counterparts. This Second Supplemental Indenture may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
[Remainder of page intentionally left blank]
2
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G:Ibert 0 tiz Gle: k/Recorder, Pueblo County, Co
IDI1IMPOJ Ifs Ir*M1.Kti4 L' iN,i 111111
IN WITNESS WHEREOF, the Corporation and the Trustee have executed this Second
Supplemental Indenture as of the date first above written.
CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION
By -ca�° #4
resident
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By
Authorized Signatory
[Signature Page to Second Supplemental Indenture]
3
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Gilbert OrtAz Clerk/Reco�.der Puehto County Co
�I(i N�'1UM��I i�,l +�'i ,li 'f'��� ��°i i�' III III
STATE OF COLORADO )
) ss.
PUEBLO COUNTY
The foregoing instrument was acknowledged before me this 3 day of
2022, by Icd L t. CIAkci.�-r as President of City Of Pueblo, Colorado Municipal Buil
Corporation.
WITNESS MY HAND AND OFFICIAL SEAL, the day and year above written.
[NOTARIAL SEAL]
Eilene Tracey Sample
,,,Q.L.A—,f)['—
NOTARY PUBIJC Notary
STATE OF COLORADO
NOTARY ID*20074038010
MY COMMISSION EXPIRES 10/10/2023
My commission expires:
( 110122.3
4
4880-9183-7701.1
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Paaert70rtf•z9C eRrk53 00rc00..r0 P@b?o563()`00 Co
■I'I krei111110 I��l r114111 WIiflir
1'
IN WITNESS WHEREOF, the Corporation and the Trustee have executed this Second
Supplemental Indenture as of the date first above written.
CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION
By
President
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By e 41, I r' — --Authorized Signatory
[Signature Page to Second Supplemental Indenture]
3
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 kPOI&VIh°° °I10 rAKI.1.1,1% kJ Li III 111
STATE OF COLORADO )
Adams) ss.
CITY AND COUNTY OF 15 E )
Th foregoing instrument was acknowledged before me this q*day of
2022, by\UG 1 tl f?_ Po3„,n as authorized signatory of Wells Fargo Ban , National
Association, a national banking association.
WITNESS MY HAND AND OFFICIAL SEAL, the day and year above written.
[NOTARIAL SEAL]
wooWNW Ws OP COLOWO
1D JUNIW9401408M Notary
NUIPAMMUO
A'A^!
My commission expires:
+x.0`}5 ► o�oD3
5
4880-9183-7701.1
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G:lhsrt Ortiz Cierk Ret<Pe Pueblo County Co
Itf IIrag'Pi 4)R10�'�I4u1,'�iIw1'1111 ftip�1u�1'KJr:1II
APPENDIX A
DESCRIPTION OF THE SITE LEASED PROPERTY
PARCEL A:
LOTS 9, 10, 11 AND 12 IN BLOCK 31 IN COUNTY ADDITION TO THE CITY OF PUEBLO,
ACCORDING TO THE AMENDED PLAT OF SAID ADDITION FILED FOR RECORD
NOVEMBER 20, 1879 IN PLAT BOOK C AT PAGE 154, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL B:
[Parcel B deleted pursuant to Second Supplemental Indenture]
PARCEL C:
LOT 1 IN BLOCK 1 IN EAGLERIDGE FIRE STATION SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 8, 1998 UNDER RECEPTION NO. 1199836,
COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL D:
LOTS 17, 18, 19 AND THE SOUTH 1/2 OF LOT 20 IN BLOCK 23 IN HILLSIDE,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 20, 1890 IN PLAT BOOK
H AT PAGE 21, COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL E:
LOTS 42 AND 43 IN BLOCK 151 IN FLETCHER HILL SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 31, 1890 IN PLAT BOOK F AT PAGE 16,
COUNTY OF PUEBLO, STATE OF COLORADO.
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re: Ordinance 10106
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VIII rdlL r vimif'ricrwi N I a ,vinio, III
SECOND AMENDMENT TO
LEASE PURCHASE AGREEMENT
(2014 LED PROJECT)
by and between
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION,
as Lessor
and
CITY OF PUEBLO, COLORADO,
as Lessee
Dated as of August 1, 2022
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Gjlbe t Crttr Cl-k/Reocrder.. Pueblo Courts, Co
uIilratirtiretrl' IZI,'?hnu'111111.111111M11 III
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
ARTICLE II
AMENDMENTS
Section 2.01. Amendment and Restatement of Section 8.05 2
Section 2.02. Amendment of Exhibit A 3
ARTICLE III
MISCELLANEOUS
Section 3.01. Sovereign Powers of City 4
Section 3.02. Binding Effect 4
Section 3.03. Confirmation of Lease. 4
Section 3.04. Acknowledgement of Second Supplemental Indenture 4
Section 3.05. Severability. 4
Section 3.06. Captions. 4
Section 3.07. Applicable Law 4
Section 3.08. Execution in Counterparts. 4
EXHIBIT A DESCRIPTION OF THE SITE LEASED PROPERTY
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RRe0dDPeo ts'
Gilri Ortiz
Ceieco ?r, ublc Counts', Co
■IR ��,�14�"�G101 NC Cr 11111
SECOND AMENDMENT TO LEASE PURCHASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE PURCHASE AGREEMENT (this
"Second Lease Amendment") is dated as of August 1, 2022 and is entered into by and between
CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION, a Colorado
nonprofit corporation (the "Corporation"), and CITY OF PUEBLO,COLORADO (the"City").
WITNESSETH :
WHEREAS, the City is a duly and regularly created, organized and existing home rule
municipality, existing as such under and by virtue of Article XX of the Constitution of the State
and the Charter of the City; and
WHEREAS, the City Council of the City (the "City Council") has the power, pursuant to
Sections 1-3 and 3-9 of the Charter and Chapter 11 of Title I of the Pueblo Municipal Code, to
enter into lease and lease purchase agreements in order to provide necessary land, buildings,
equipment and other property for any governmental or proprietary purpose; and
WHEREAS, the City Council also has the power, pursuant to Sections 1-3 and 3-9 of the
Charter and Chapter 11 of Title I of the Pueblo Municipal Code, to purchase real and personal
property and to sell and convey real and personal property of the City upon such terms and
conditions as the City Council may approve; and
WHEREAS,the Corporation(a) is a Colorado nonprofit corporation that is duly organized,
validly existing and in good standing under the laws of the state,(b) is duly qualified to do business
in the State, (c) is the lessee of the Site Leased Property (as defined herein) pursuant to the Site
Lease dated as of November 12, 2014 (the "Site Lease") between the City, as lessor, and the
Corporation, as lessee, and(d) is authorized, under its articles of incorporation and bylaws, action
of its board of directors and applicable law, to lease the Site Leased Property from the City, to
lease the Leased Property to the City and to execute,deliver and perform its obligations under this
Lease; and
WHEREAS, the City and the Corporation have previously entered into that certain Lease
Purchase Agreement dated as of November 12, 2014 (the "2014 Lease"), between the City, as
lessee, and the Corporation, as lessor, for the purpose of providing funding to finance the costs of
replacing approximately 8,725 high pressure sodium streetlight fixtures with approximately 8,725
light emitting diode streetlight fixtures throughout the City (the "Project"); and
WHEREAS, pursuant to a Trust Indenture dated as of November 12, 2014 (the
"Indenture"),between the Corporation and Wells Fargo Bank,National Association, in its capacity
as trustee thereunder (the "Trustee"), the Corporation caused the execution and delivery of the
Certificate of Participation, Series 2014, in the original aggregate principal amount of$4,200,000
(the "Series 2014 Certificate"), evidencing interests in the right to receive revenues under the
Lease, which Series 2014 Certificate is currently outstanding in the aggregate principal amount of
$1,362,802.78; and
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1111KIM Gt,tti 50144111Dit t��� 1111411111
II1
WHEREAS, in connection with the execution and delivery of the Series 2014 Certificates,
the Corporation has executed and delivered that certain Leasehold Deed of Trust, Assignment of
Rents and Leases, Security Agreement and Fixture Filing dated November 12, 2014 (the"Deed of
Trust"), from the Corporation to the Public Trustee of Pueblo County, Colorado for the benefit of
the Trustee; and
WHEREAS, the City and the Corporation have previously entered into that First
Amendment to Lease Purchase Agreement dated as of September 23, 2021 (the First Lease
Amendment" and, together with the 2014 Lease and this Second Lease Amendment, the "Lease")
for the purpose of amending the terms of the outstanding Series 2014 Certificate to effect a
reduction in its interest rate; and
WHEREAS, the City and the Corporation desire for the Lease to be further amended by
this Second Lease Amendment to provide for the release from the Leased Property of the property
described as Parcel B in Exhibit A to the 2014 Lease; and
WHEREAS, Wells Fargo Bank, National Association is the Initial Purchaser and current
Owner(as defined in the Indenture) of 100% of the Series 2014 Certificate; and
WHEREAS, the Trustee has notified the Owner of this Second Lease Amendment in
accordance with the provisions of Section 9.05 of the Indenture,and the Owner has acknowledged,
consented to, and approved the execution of this Second Lease Amendment; and
WHEREAS, this Second Lease Amendment is entered into for the purpose of providing
for the release from the Leased Property of the property described as Parcel B in Exhibit A to the
2014 Lease;
NOW, THEREFORE, for and in consideration of the mutual covenants and the
representations, covenants and warranties herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Capitalized terms used herein but not defined shall have the meanings, respectively, as
provided in the Indenture or Article I of the Lease, as amended.
ARTICLE II
AMENDMENTS
Section 2.01. Amendment and Restatement of Section 8.05. Section 8.05 of the Lease
is hereby amended to read as follows:
Section 8.05. Modification and Substitution of Leased Property; Release of Leased
Property.
2
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Gil�ert
Ort-z Clerk/Recorder,
1111�a r� �I�,�tF�itih�r � �Ilti�. 9� ��Cou'� ''�Yi���� II
(a) The City,at its own expense,may remodel, or make substitutions,additions,
modifications or improvements to, the Leased Property, provided that (a) such remodeling,
substitutions, additions, modifications and additions (i) shall not in any way damage the
Leased Property as it existed prior thereto and(ii)shall become part of the Leased Property;
(b) the value of the Leased Property after such remodeling, substitutions, additions,
modifications and additions shall be at least as great as the value of the Leased Property
prior thereto; and (c) the Leased Property, after such remodeling, substitutions, additions,
modifications and additions, shall continue to be used as provided in, and shall otherwise
be subject to the terms of, this Lease.
(b) So long as no Event of Default or Event of Nonappropriation shall have
occurred and is continuing and when the principal component of Base Rentals paid by the
City, plus the principal amount of any Certificates redeemed through optional redemption,
or the total principal amount of Certificates paid or deemed to be paid pursuant to Section
10.01 of the Indenture, equals the fair value of any portion of the Leased Property set forth
in Exhibit A hereto (or of any property substituted for such portion of the Leased Property
pursuant to any provision of this Lease), the corresponding portion of the Leased Property
set forth in Exhibit A hereto (or of any property substituted for such portion of the Leased
Property pursuant to any provision of this Lease) shall be deemed to have been fully
amortized and the Corporation and the Trustee shall release such portion of the Leased
Property (or any property substituted for such portion of the Leased Property pursuant to
any provision of this Lease); provided, however, that (i) the fair value of the remaining
Leased Property must be at least equal to 100% of the aggregate principal amount of the
Certificates then Outstanding, as certified by the City Representative, (ii) the City
Representative shall provide written notice of such release to the Trustee, (iii) the Trustee
shall receive an opinion of Bond Counsel that such release shall not have a materially
adverse effect on the tax-exempt status of the Certificates; (iv) prior to such release of
Leased Property, the Trustee shall receive evidence that the existing title insurance policy
for the Leased Property which is not to be substituted is not affected; and (v) after any
release of Leased Property under this Section, the remaining Leased Property shall comply
with the requirements of Section 29-1-103(3)(e), C.R.S. The Corporation and the Trustee
shall execute and deliver to the City all documents necessary or appropriate to convey such
portion of the Leased Property to the City, free of all restrictions and encumbrances
imposed or created by this Lease or the Indenture, in substantially the manner provided in
Section 9.02 hereof. After such release and conveyance, the property so released and
conveyed shall no longer be a part of the Leased Property for any purpose of this Lease or
the Indenture. The Corporation and the Trustee shall fully cooperate with the City in
executing, delivering and recording such documents as may be necessary to effectuate the
provisions of this Section.
Section 2.02. Amendment of Exhibit A. The description of the Site Leased Property
contained in Exhibit A to the 2014 Lease is hereby amended and restated to read as set forth in
Exhibit A hereto.
3
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1I0 Iii" legaljAPA'rIMIIN'MA11410i it II I
ARTICLE III
MISCELLANEOUS
Section 3.01. Sovereign Powers of City. Nothing in this Second Lease Amendment shall
be construed as diminishing, delegating, or otherwise restricting any of the sovereign powers of
the City. Nothing in this Second Lease Amendment shall be construed to require the City to
occupy and operate the Leased Property other than as lessee, or to require the City to exercise its
right to purchase the Leased Property as provided in Article IX of the Lease.
Section 3.02. Binding Effect. This Second Lease Amendment shall inure to the benefit
of and shall be binding upon the Corporation and the City and their respective successors and
assigns, subject, however, to the limitations set forth in Article XIII of the Lease.
Section 3.03. Confirmation of Lease. As supplemented by the First Lease Amendment
and this Second Lease Amendment,the Lease is in all respects ratified and confirmed. This Second
Lease Amendment amends and supersedes all inconsistent provisions of the Lease. This Second
Lease Amendment shall be read, taken and construed as one and the same instrument with the
Lease so that all rights, remedies, terms, conditions, covenants and agreements of the Lease shall
apply and remain in full force and effect with respect to this Second Lease Amendment, the Project
and the Leased Property.
Section 3.04. Acknowledgement of Second Supplemental Indenture. The City has
received copies of, and acknowledges the terms of, the Second Supplemental Indenture .
Section 3.05. Severability. In the event that any provision of the Lease, other than the
obligation of the City to pay Base Rentals or Additional Rentals and the Purchase Option Price
hereunder and the obligation of the Corporation to provide quiet enjoyment of the Leased Property
and to convey the Leased Property to the City pursuant to Article IX hereof, shall be held invalid
or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 3.06. Captions. The captions or headings herein are for convenience only and in
no way define, limit or describe the scope or intent of any provisions or sections of this Second
Lease Amendment .
Section 3.07. Applicable Law. The laws of the State of Colorado shall be applied in the
interpretation, execution and enforcement of this Second Lease Amendment .
Section 3.08. Execution in Counterparts. This Second Lease Amendment may be
simultaneously executed in several counterparts,each of which shall be an original and all of which
shall constitute but one and the same instrument.
[Remainder of page intentionally left blank]
4
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Gilbey; Ortiz C■l1errk/Pecorderr■��Pytu■1eblo County. Co I
111111I��flIVii1 fi�l1 F 0I!�I1�1 11 1■'I�I� 1'IRVIR �I III
IN WITNESS WHEREOF, the Corporation and the City have executed this Second Lease
Amendment as of the date first above written.
[SEAL] CITY OF PUEBLO, COLORADO
MUNICIPAL BUILDING CORPORATION
I
By 2/4.4•164/ eAde•ii;
President
CITY OF PUEBLO, COLORADO
i
By 2/44igezieig:r
Mayor
Attest: ��/,a444► r 9 '`
By1-41;1---1
. „
City Cle 4 e !";87'A : `
[Signature Page to Second Lease Amendment]
5
4847-0931-9679.1
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58.00
PGget8010lerk/Recorder Pueblo
CJurty, Co
■IIIl���d�i�, r,rl�1�91�+ t�:rlr��Cl,�1���'�I4'i��lin ���� �IIII
STATE OF COLORADO )
ss.
PUEBLO COUNTY )
The foregoing instrument was acknowledged before me this .3 t day of
, 2022 by (ii�.p(D,,) aAo- 1 of , as President of the CITY
OF PUEBLO, &OLORADO MUNICIPAL BUILDING CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL, the day and year above written.
[NOTARIAL SEAL]
Ellene Tracey Sample lam.
NOTARY PUBLIC ,)4614-7)
STATE OF COLORADO • Notary
NOTARY ID#20074038010
MY COMMISSION EXPIRES 1011012023
My commission expires:
2-4)2-3
6
4847-0931-9079.1
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9 of 19 Mark(Recorder: Pueblo �' it �� ���1�
STATE OF COLORADO ) !bet-fir °!I,'�w�i din 'i Dr ►rF �, ' �aYir�
) ss.
PUEBLO COUNTY )
The foregoing instrument was acknowledged before me this 3 ( day of
LCrAa , 2022 by Nicholas A. Gradisar, as Mayor of the City of Pueblo, Colorado,
and by Marisa StolI"er, as Clerk of said City.
WITNESS MY HAND AND OFFICIAL SEAL, the day and year above written.
[NOTARIAL SEAL]
Ellen Tracey Sample
NOTARY COLORADO
A
O
STATE OF
NOTARY IDS 20074038010 Notary
MY COMMISSION EXPIRES 10/1012023
My commission expires:
) al( ol2623
7
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02:09:30 PM
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6 rkJRecc 0rD p o T
uzblc c,58:00 Cofh;�.Pat�'r �fE,? ��ti�i�l�'�l '� Y�ti� 11111
EXHIBIT A
DESCRIPTION OF THE SITE LEASED PROPERTY
PARCEL A:
LOTS 9, 10, 11 AND 12 IN BLOCK 31 IN COUNTY ADDITION TO THE CITY OF PUEBLO,
ACCORDING TO THE AMENDED PLAT OF SAID ADDITION FILED FOR RECORD
NOVEMBER 20, 1879 IN PLAT BOOK C AT PAGE 154, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL B:
[Parcel B deleted pursuant to Second Lease Amendment]
PARCEL C:
LOT 1 IN BLOCK 1 IN EAGLERIDGE FIRE STATION SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 8, 1998 UNDER RECEPTION NO. 1199836,
COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL D:
LOTS 17, 18, 19 AND THE SOUTH 1/2 OF LOT 20 IN BLOCK 23 IN HILLSIDE,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 20, 1890 IN PLAT BOOK
H AT PAGE 21, COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL E:
LOTS 42 AND 43 IN BLOCK 151 IN FLETCHER HILL SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 31, 1890 IN PLAT BOOK F AT PAGE 16,
COUNTY OF PUEBLO, STATE OF COLORADO.
4847-0931-9679.1