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HomeMy WebLinkAbout14943RESOLUTION NO. 14943 A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO AND OTERO COUNTY, COLORADO RELATING TO A TEN UNIT T-HANGAR LOCATED AT 32101 WALT BASSETT AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims between the City of Pueblo and the Otero County, Colorado (“Agreement”) relating to a Ten Unit T-Hangar located at 32101 Walt Bassett Ave, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute the 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 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to implement the transaction described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED July 25, 2022 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 25, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Director of Aviation SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO AND OTERO COUNTY, COLORADO RELATING TO A TEN UNIT T-HANGAR LOCATED AT 32101 WALT BASSETT AVENUE SUMMARY: Attached is an agreement between the City of Pueblo and Otero County, Colorado concerning the donation, by the City of Pueblo, of a Ten Unit T-Hangar located at 32101 Walt Bassett Ave to Otero County for placement at Fowler Airport in Fowler, Colorado. The total value of the donation is undetermined, as the hangar has sustained structural damage. PREVIOUS COUNCIL ACTION: The City of Pueblo has routinely donated surplus or obsolete equipment, including but not limited to fire pumpers, other vehicles, hoses, and bulletproof vests to other agencies who are able to utilize the items. On June 25, 2018 Pueblo City Council approved Ordinance 9308 establishing a project fund for new construction of T-Hangars using insurance monies collected from claims associated with this hangar. BACKGROUND: The City owns this unit of ten T-Hangars that were built in the late 1970s. In May of 2015, the Airport was hit by a severe hailstorm that damaged the roof. Then, in July of 2016 the T-Hangars were further damaged when a DC-10 airplane hit the hangar and severely damaged the northernmost units. Insurance funds have been received to repair the damages. Since rainwater regularly floods the hangars and the hangar doors require extensive repairs or replacement, it was determined that funds would be better suited to new construction. The insurance carrier approved these funds to be use on a new t-hangar building. FINANCIAL IMPLICATIONS: This action will prevent the City from putting forth funds to have the structure torn down and removed. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement to Donate Property Release of Claims Letter from Otero County Commissioners AGREEMENT FOR RELEASE AND WAIVER OF CLAIMS THIS AGREEMENT for Release and Waiver of Claims ("Agreement") is made and entered into this 25 day of July 2022, by OTERO COUNTY, COLORADO ("Donee") for the benefit of and to be enforceable by the City of Pueblo, a Municipal Corporation ("Donor"). WITNESSETH: WHEREAS, Donor owns one row hangar, subdivided into ten T-hangars and two storage units, located at 32101 Walt Bassett Avenue, Pueblo, Colorado on the Pueblo Memorial Airport (herein the "Property"), which are surplus to its needs and is willing to transfer the Property to Donee; and WHEREAS, the Donee has agreed to accept the Property in its current condition without warranty and to release Donor from any and all claims and demands with respect to the condition or future use of the Property; and WHEREAS, the Donee desires to enter into this Agreement for the benefit of Donor, setting forth the terms and conditions of its acceptance of the Property. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Transfer. Donor donates and transfers all its right,title,and interest in and to the Property to the Donee and Donee accepts such transfer. 2. Disclaimer of Warranty. DONEE ACCEPTS THE PROPERTY"AS IS, WITH ALL ITS FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME. 3. Release and Discharge. Donee agrees to completely release and forever discharge Donor and its agents, employees, and officers of and from any and all claims, liabilities,or causes of action, whether known or unknown, disclosed or undisclosed, material, or immaterial, liquidated or unliquidated, which Donee or its officers, agents, and employees may have or may hereafter have against the Donor for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of the Property. 4. Donee shall indemnify, defend, and hold harmless the Donor and its officers, agents, and employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Property. 5. 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. 6. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 7. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 9. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings,representations,warranties, and agreements between the parties hereto pertaining to the subject matter hereof and may be modified only by a written agreement signed by all of the parties hereto. 10. The person signing this Agreement on behalf of Donee represents and warrants that he or she has the requisite power and authority to enter into,execute, and deliver this Agreement on behalf of Donee and that this Agreement is a valid and legally binding obligation of Donee enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. DONEE OTERO COUNTY, COLORADO Name: vim -"Ra 1 j t o Title: Ch a( ✓'VI a rte' DONOR ACKNOWLEDGEMENT CITY OF PUEBLO, COLORADO By Nicholas A. Gradisar, ayor AGREEMENT FOR RELEASE AND WAIVER OF CLAIMS THIS AGREEMENT for Release and Waiver of Claims ("Agreement") is made and entered into this 25 day of July 2022, by Gregory Jones, owner, Hops Aviation, LLC ("Carrier") for the benefit of and to be enforceable by the City of Pueblo, a Municipal Corporation("Donor"). WITNESSETH: WHEREAS, Donor owns one row hangar, subdivided into ten T-hangars and two storage units, located at 32101 Walt Bassett Avenue, Pueblo, Colorado on the Pueblo Memorial Airport (herein the "Property"), which are surplus to its needs and is willing to transfer the Property to Otero County; and WHEREAS, the Otero County has agreed to accept the Property in its current condition without warranty and to release Donor from any and all claims and demands with respect to the condition or future use of the Property; and WHEREAS, the Carrier desires to enter into this Agreement for the benefit of Donor, setting forth the terms and conditions of its acceptance of the Property. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Transfer. Donor donates and transfers all its right, title, and interest in and to the Property to the Otero County and Otero County accepts such transfer. Carrier shall remove the Property from the Pueblo Memorial Airport as soon as practicable, but said Property must, at the latest, be removed by November 25, 2022. 2. Disclaimer of Warranty. CARRIER ACCEPTS THE PROPERTY "AS IS, WITH ALL ITS FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME. 3. Release and Discharge. Carrier agrees to completely release and forever discharge Donor and its agents, employees, and officers of and from any and all claims, liabilities, or causes of action, whether known or unknown, disclosed or undisclosed, material, or immaterial, liquidated or unliquidated, which Carrier or its officers, agents, and employees may have or may hereafter have against the Donor for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of the Property. 4. Carrier shall indemnify, defend and hold harmless the Donor and its officers, agents, and employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Property. 5. Carrier will maintain sufficient insurance to necessary and reasonable to for the movement of the Property, including but not limited to liability coverage for bodily injury, death, and property damage related to operation of automobiles and, equipment, and workers' compensation insurance as required by statute. 6. 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. 7. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 8. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 10. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings, representations,warranties, and agreements between the parties hereto pertaining to the subject matter hereof and may be modified only by a written agreement signed by all of the parties hereto. 11. The person signing this Agreement on behalf of Carrier represents and warrants that he or she has the requisite power and authority to enter into, execute,and deliver this Agreement on behalf of Carrier and that this Agreement is a valid and legally binding obligation of Carrier enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement and it is effective the day and year first written above. CARRIER By Name: Gregory Jones, Owner, Hops Aviation DONOR ACKNOWLEDGEMENT CITY OF PUEBLO, COLORADO By SLC .[_aG Nic olas A. Gradisa , Mayor employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Property. 5. Carrier will maintain sufficient insurance to necessary and reasonable to for the movement of the Property, including but not limited to liability coverage for bodily injury, death, and property damage related to operation of automobiles and, equipment, and workers' compensation insurance as required by statute. 6. 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. 7. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 8. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 10. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings,representations,warranties, and agreements between the parties hereto pertaining to the subject matter hereof and may be modified only by a written agreement signed by all of the parties hereto. 11. The person signing this Agreement on behalf of Carrier represents and warrants that he or she has the requisite power and authority to enter into,execute, and deliver this Agreement on behalf of Carrier and that this Agreement is a valid and legally binding obligation of Carrier enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement and it is effective the day and year first written above. CARRIER By >. .."---erry126,--v.- _ /�g/..w) -a. Name: Gregory Jones, Owner, Hops Aviation DONOR ACKNOWLEDGEMENT CITY OF PUEBLO, COLORADO By Nicholas A. Gradisar, Mayor Rob Oquist-Commissioner Dist. 1 John Hostetler-Commissioner Dist.2 Jim Baldwin-Commissioner Dist. 3 Nathan Shultz-County Attorney �` ' Amy White-Tanabe-County Administrator �• • SM Office of the Commissioners Greg Pedroza Director of Aviation Pueblo Memorial Airport email: gpedroza@pueblo.us Mr. Pedroza, It's our understanding that the Pueblo Memorial Airport and the City of Pueblo have decided to remove and dispose of ten aircraft T hangars. The Fowler Airport located in Otero County would greatly benefit from the donation of the hangars to improve the airport and enhance their services. Most of the hangars will be offered to the general aviation community, but one hangar area will be held open for public transit aircraft use. In addition, the airport will gain an aircraft maintenance facility, a public restroom, and a flight planning facility. The Fowler Airport provides a satellite field for the USAF flight screening program. Your donation would allow the airport to provide parking for their weather and emergency diversions. Otero County would be happy to receive the hangar donation to develop the Fowler Airport, a vital facility in our County that provides a much-needed service. Please reach out if you have any questions. We appreciate you taking our request into consideration. Sincerely, g. John n Hostetler Otero County Commissioner Rob Oquist Otero County Commissioner (719)383-3000 13 W.3rd Street,Room 212 La Junta,CO 81050 (719)383-2456 TDD