The URL can be used to link to this page

Home My WebLink About15026RESOLUTION NO. 15026 A RESOLUTION AMENDING RESOLUTION NO. 14962 REGARDING A DONATION OF PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE CITY OF LAMAR, COLORADO RELATING TO A CRAFCO CRACK FILL MACHINE LOCATED AT THE PUEBLO MEMORIAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. Resolution No. 14962 is hereby amended by deleting references therein to VIN 1CWZV122561418148 in their entirety and replacing them with references to VIN 1C9ZV122581418146, including in the incorporated Agreement for Release and Waiver of Claims (“Release”) and the Colorado Regional Crack Fill Machine Assurance (“Assurance”), updated copies of which are attached hereto, having been approved as to form by the City Attorney. SECTION 2. The Mayor’s signatures of the updated Release and the updated Assurance in the name of the City are hereby ratified. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: October 11, 2022 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 11, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Director Aviation SUBJECT: A RESOLUTION AMENDING RESOLUTION NO. 14962 REGARDING A DONATION OF PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE CITY OF LAMAR, COLORADO RELATING TO A CRAFCO CRACK FILL MACHINE LOCATED AT THE PUEBLO MEMORIAL AIRPORT SUMMARY: The Pueblo Memorial Airport would like to donate a CRAFCO crack fill machine to the Southeast Colorado Regional Airport (LAA) and the City of Lamar, Colorado, in conjunction with the Grant Assurances for the Colorado Department of Transportation (CDOT) Division of Aeronautics Grant No. 21-PUB-01. Resolution No. 14962 used the incorrect vehicle identification number (VIN) to describe the machine, which requires amendment. PREVIOUS COUNCIL ACTION: Ordinance No. 9921 was passed and approved on May 17, 2021, with accepted CDOT Grant No. 21-PUB-01 and established Project No. AP2104. BACKGROUND: As part of the Colorado Division of Aeronautics’ pavement program, a grant was issued to the Pueblo Memorial Airport for the purchase of a new crack sealing machine that will be available to all airports within the region. As a CDOT required assurance to the grant, the Pueblo Memorial Airport will donate its old CRAFCO crack fill machine and deliver it to the Southeast Colorado Regional Airport (LAA) and the City of Lamar, Colorado. Resolution No. 14962 used the incorrect vehicle identification number (VIN) to describe the machine, which requires this amendment to correct. FINANCIAL IMPLICATIONS: Not applicable to this Resolution. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, the Pueblo Memorial Airport will not be able to comply with the conditions of CDOT Division of Aeronautics Grant No. 21-PUB-1. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Release Of Claims - Crackfill Machine (Amended) 2. CFM Assurance Final (PUB Edit) AGREEMENT FOR RELEASE AND WAIVER OF CLAIMS THIS AGREEMENT for Release and Waiver of Claims ("Agreement") is made and entered into this 1% y~ day of 0 c.}o b e.r , 2022, by the City of Lamar, for its Southeast Colorado Regional Airport, ("Donee") for the benefit of and to be enforceable by the City of Pueblo, a Municipal Corporation("Donor"). WITNESSETH: WHEREAS,Donor owns one CRAFCO Crack Fill Machine,VIN: 1C9ZV122581418146, along with all associated ancillary equipment, for use at its Pueblo Memorial Airport (herein the "Property"),which is 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 LLMITATION. THE 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 g; 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, h= nip 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. j 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. S. 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 CITY OF LAMAR. COLORADO N ame iK re.s L n. Title: IV 0,411272., _. DONOR ACKNOWLEDGE MIENT CITY OF PUEBLO. COLORADO By_34(641- Nicholas A. ('iradis, r. Mayor tai COLORADO Department of Transportation - Division of Aeronautics Colorado Regional Crack Fill Machine Assurance The purpose of the Colorado Airport Pavement Crack Fill Program is to support and improve the State Aviation System. Eligibility requirements to secure crack fill machines through this program are as follows: 1. Must be an owner or sponsor of an eligible Colorado airport (section 2.3, CDOT Aero P Et P Manual). 2. Crack fill machines purchased through this program must be used exclusively on airport. 3. Equipment must be freely shared between other eligible airports within the local area. 4. Specific to Pueblo Memorial Airport (PUB), authorization for 100% state grant funding for new crack fill equipment is contingent upon safe transfer of currently owned CRAFCO crack fill machine, VIN 1C9ZV122581418146, along with all associated ancillary equipment to the Southeast Colorado Regional Airport (LAA) and the City of Lamar CO. PUB will ensure the machine is safe for use, clean and free of structural and operational defects that would impede full utilization of all capabilities inherent with this equipment prior to transfer to LAA. PUB is responsible for coordinating shipment and delivery of the machine to LAA. Airport owners and sponsors are responsible for registering, titling, insuring and plating crack fill machines purchased through the Airport Pavement Crack Fill Program. This equipment will have a 7 to 10-year useful life unless otherwise determined by the Division of Aeronautics. Crack fill machines purchased through the Airport Pavement Crack Fitt Program shall be used on eligible COLORADO PUBLIC-USE AIRPORTS ONLY and will be maintained by the airport entity for the useful life of the equipment. Furthermore, airports that possess state-funded crack fill machines shall make this equipment available for use by all eligible airports within the local area free of charge and without encumbrance, condition or caveat. The Division of Aeronautics, as manager of the program may inspect the equipment during periodic airport visits to evaluate their condition and serviceability and to verify proper use. Crack fill machines purchased through the Airport Pavement Crack Fill Program may be disposed of, traded, or sold by the airport at any time after the pre-determined useful life of the unit. However, Division of Aeronautics approval is required prior to disposing of, selling or trading a state-funded crack fill machine before the end of said useful life. Sponsors shall submit a written request for authorization to the Division of Aeronautics clearly stating the justification for early removal and the intended use of proceeds from any sale. As an authorized representative I commit the airport sponsor to the above assurances regarding procurement and use of crack fill machines through the Colorado Airport Pavement Crack Fill Program. I will coordinate with the Division of Aeronautics upon disposal of the equipment. Noncompliance with the above assurances may affect my ability to receive Division of Aeronautics grant funding in the future. airport _ V\Af..C• t...0 t‘k'e ti•c, "14._s-« L- t'', 'S- ce-t'"0 k4 I. .____ , n)or sponsor k:-. 1:x4 ,..."i- r',...,t ',., Lo enature 26de... ,1 or:e_Aue-ver dateg,22,Z1z . nted Name ti ritle 14 I' C. h LI L.,A ,-;oature dd. ./.1:‘,Alt .__. " — ille D3te_112.112,,A0_. 2 - tio Mc Mn -Division at Aeronautics