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ORDINANCE NO. 5339
A ORDINANCE APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO, RELATING TO THE DOWNTOWN
PUEBLO AMENDED URBAN RENEWAL PLAN (PHASE ONE
URBAN RENEWAL PROJECT) AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Cooperation Agreement dated August 25, 1986 between the
City of Pueblo, a Municipal Corporation and The Urban Renewal
Authority of Pueblo, Colorado, a copy of which is attached hereto
and incorporated herein, having been approved as to form by the
City Attorney, is hereby approved. The President of the City
Council is hereby directed and authorized to execute the Coopera-
tion Agreement for and on behalf of the City of Pueblo and the
City Clerk is authorized and directed to affix the seal of the
City thereto and attest same.
SECTION 2.
This Ordinance shall become effective upon final passage.
INTRODUCED: August 11, 1986
By KENNETH HUNTER
ounc
ATTEST:
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'Cityf.
APPRO
President of the City Council
COOPERATION AGREEMENT
DOWNTOWN PUEBLO AMENDED URBAN RENEWAL PLAN
(PHASE ONE URBAN RENEWAL PROJECT)
PUEBLO, COLORADO
THIS AGREEMENT, made and entered into this 25th day of August,
1986, by and between the CITY OF PUEB10, a municipal corporation
(hereinafter called the "City "), and the URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO (hereinafter called the "Authority "),
RECITALS
A. There exist in the City of Pueblo blighted areas that
constitute a serious and growing menace, injurious to public
health, safety, morals and welfare of the residents of the City of
Pueblo and the State of Colorado. The existence of such areas
contributes substantially to the spread of disease and crime,
constitutes an economic and social liability, substantially impairs
or arrests the sound growth of municipalities, retards the provi-
sion of housing accomodations, aggravates traffic problems and
impairs or arrests the elimination of traffic hazards and the
improvement of traffic facilities.
B. In furtherance of the objectives of the Colorado Urban
Renewal Law, the City has approved and the Authority is engaged
in carrying out an Urban Renewal Project (the "Project ") pursuant
to the Downtown Pueblo Amended Urban Renewal Plan (the "Plan "),
dated May, 1985, as the same may be amended from time to time.
C. To carry out that portion of the Plan known as the
"Phase One Project" in an area known as the "Phase One Project
Area" and to assist the Authority in redevelopment of the Phase
One Project, it is necessary and in the public interest that the
City and Authority cooperate to provide public improvements for
the Phase One Project, whether the Phase One Project is carried
out as a separate urban renewal project or as part of the larger
project described in the Plan.
D. The Authority intends to acquire real property now
owned by the City in the Phase One Project Area, to construct on
• portion of said property certain public improvements, including
• convention center and parking structure, and to provide certain
other public improvements necessary to carry out the Plan in a
timely manner. The balance of the property so acquired by the
Authority will be sold in accordance with the Colorado Urban
Renewal Law to private redevelopers who will construct thereon
certain improvements required to accomplish the purposes of the
Phase One Project.
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AGREEMENT
NOW, THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, each of them hereby
covenants and agrees with the other as follows:
1. The Authority agrees to carry out the Plan, as it may
be amended from time to time by the City Council of the City, and
in particular the Authority agrees as follows:
a. The Authority agrees to purchase from the City the
real property now owned by the City in the Phase one
Project Area for a purchase price of One Million Eight
Hundred Thousand Dollars ($1,800,000.00). Should the
proceeds of the Authority's tax allocation bonds be
insufficient to pay this amount, the parties may agree to a
reduced price in order to carry out the Plan.
b. The Authority, as agent for the City, will finance
and construct in the Phase One Project Area a convention
center consisting of approximately 30,000 square feet of
building area and a parking structure. The design and
location of said convention center and parking structure
shall be consistent with the provisions of the Plan as
amended. After construction, the Authority will convey
title to the convention center and the parking structure to
the City. The City will cause said facilities to be managed
on terms and conditions acceptable to the City.
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c. The Authority agrees to issue its tax allocation
bonds in an amount sufficient to carry out the Phase One
Project in accordance with the Plan as it may be amended to
accomplish the same.
d. The Authority agrees to seek a qualified
redeveloper or redevelopers to construct the private
improvements in the Phase One Project Area contemplated by
the Plan, as it may be amended. The Authority will
immediately commence preparation of a request for proposals
that will require a redeveloper to construct a hotel and an
office building in the Phase One Project Area and require
that the redeveloper incorporate into its design and
management plan the public improvements described in
subparagraph b., above.
2. The City agrees, subject to and within the provisions
and procedures required and permitted by its charter and
applicable laws, to cooperate with the Authority in the
undertaking and successful completion of the Phase One Project as
follows:
a. To sell to the Authority for the purchase price set
forth in paragraph l.a., above and to convey title to the
property it owns in the Phase One Project Area to the
Authority in a timely manner to permit the Authority to carry
out the Plan, as amended, including those provisions
applicable, or to be made applicable, to the Phase One
Project.
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b. To cooperate with the Authority in the provision
of or extension of utilities required for the redevelopment
of the Phase One Project Area.
C. The parties believe that the zoning and rezoning
required to carry out the Plan, including the zoning
applicable to the Phase One Project Area, has been
accomplished. However, if it becomes necessary to rezone
properties to comply with provisions of the Plan, as it may
be amended, including the Phase One Project Area, the City
agrees to undertake such rezoning.
d. The parties believe that all necessary street and
alley vacations for the Phase One Project Area have been
accomplished. However, if required to carry out the Plan,
as amended, including those provisions applicable to the
Phase One Project Area the City agrees to initiate and
pursue appropriate action to vacate streets and alleys,
grant and alter easements in and through public rights of
way, and to accept dedication of other areas for street,
alleys, rights -of -way or other public purposes.
e. If necessary to carry out provisions of the Plan,
as amended, the City agrees to provide to the Authority the
services of City agencies and personnel on terms and
conditions agreed to by the parties.
f. The City covenants and agrees to assist the
Authority and the trustee under its bond documents by
pursuing all lawful procedures and remedies available to it
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in collecting and depositing on a timely basis any pledged
revenues under the Authority's financing documents for which
the City is responsible. To the extent lawfully possible,
the City will take no action that would have the effect of
reducing sales tax collections that constitute pledged
revenues of the Authority under its bond financing
agreements for the Phase One Project Area.
g. To the extent lawfully possible, the City agrees
to undertake action to amend the Plan and this Agreement if
requested by the Authority in order to accomplish the
purposes set forth in the Plan applicable to the Phase One
Project Area.
3. Neither the City nor the Authority shall be obligated
or liable under the terms of this Agreement to any person or
entity not a party hereto.
IN WITNESS WHEREOF, the City and Authority have caused this
Agreement to be executed on or as of the date first above
written.
ATTEST:
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By --��
President of the City Counci
Cif y Clerk
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URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO
ATTEST:
SecretAry
Cairm#fi of the Commissioners
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