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Home My WebLink About07071ORDINANCE NO. 7071 AN ORDINANCE APPROVING AN ADDENDUM TO SUB- DIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Addendum To Subdivision Improvements Agreement for Pueblo Memorial Airport Industrial Park Subdivision, dated October27, 2003 between the City of Pueblo and County of Pueblo relating to road improvements and maintenance at Pueblo Memorial Airport, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Addendum 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. This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 27, 2003 By: Al Gurule CO ILPE N APPROVED: Z�� PRESIDENT OF THE CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: November 10, 2003 0M, -tt '10t7 / Background Paper for Proposed ORDINANCE 5 -8 -95 - 7 (o (o AGENDA ITEM # I S 11- 3-0.3 DATE: NOVEMBER 10, 2003 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVID J. GALLI, DEPUTY CITY MANAGER TITLE AN ORDINANCE APPROVING AN ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE This ordinance approves an addendum to the Subdivision Improvements Agreement for the Pueblo Memorial Airport Industrial Park Subdivision. City Council had originally approved an addendum to this Agreement earlier this year; however, other issues have come to light that are now being addressed and clarified with this new addendum. This addendum was the result of negotiations with Council Members Thurston and Avalos with the Pueblo County Commissioners. Under this addendum, the estimated costs to make the roads at the Industrial Park eligible for consideration as a secondary access for the U.S. Army's use at the Army Depot is $660,000. Under this new agreement, the City and County will agree to split these costs 50/50. The City will pay their half of $330,000 to the County in three annual installments. This addendum also addresses a small piece of property within the Airport Industrial Park that was not addressed in the previous addendum. Now, and in the future, the County will assume all obligations for the repair, maintenance, and replacement of all the roads in the unincorporated area located in the Airport Industrial Park, and the City will continue all obligations for repair, maintenance, and replacement of the City roads in the Industrial Paris. Approval FINANCIAL IMPACT The cost to the City will be $330,000 paid over three fiscal years. An initial payment of $110,000 must be paid within 20 days after the County, by resolution, accepts the county roads for repair and maintenance and replacement. We anticipate our first payment to be made some time by end of year 2003. We will transfer by separate resolution $110,000 from the 2003 allocation of Highway User Trust Funds (HUTF) and establish a project for the City- County road improvements. The two additional payments of $110,000 each will be budgeted in the 2004 and 2005 budgets. Reception 1536822 11/14/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION This Addendum entered into as of 0 cA b� e,r a g , 2003, between Pueblo, a Municipal Corporation ( "City ") and Board of County Commissioners of Pueblo County, Colorado ( "County"). WITNESSETH: WHEREAS, City and County entered into a Subdivision Improvements Agreement for Pueblo Memorial Airport Industrial Subdivision ( "Subdivision') dated May 8, 1995, and recorded October 11, 1995, in Book 2836, Page 705 as Reception No. 1096167 ( "Subdivision Improvements Agreement "); and WHEREAS, certain disputes have arisen concerning the interpretation of provisions of the Subdivision Improvements Agreement with respect to roads and maintenance thereof, and WHEREAS, City and County are desirous of amicably resolving such disputes. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, City and County agree as follows: 1. The following terms shall have the following meaning: (a) "Street and Road Improvements" means all street and road improvements, including, without limitation, pavement, curbs, gutters, culverts, roadside ditches, storm sewer inlets and drainage facilities (except underground storm sewers and except sanitary sewer mains) located within the dedicated street and road rights -of -way shown on the plat of the Subdivision. (b) "County Roads" means and includes all Street and Road Improvements currently constructed and installed within the Subdivision which are located in the unincorporated area of Pueblo County, Colorado. (c) "City Roads" means and includes all Street and Road Improvements currently constructed and installed within the Subdivision which are located in the incorporated area of City. (d) Without limiting the foregoing, the parties stipulate and agree that as to those specific roads or portions thereof as are identified on Exhibit A, attached hereto and incorporated herein by this reference, the designation of the road as "City" or "County" as set forth thereon shall control. 2. County will accept all County Roads and assume all obligation for the repair, maintenance and replacement of County Roads. County releases and discharges City from any and all obligations and liability, now and in the future, with respect to County Roads. 3. City will assume all obligation for the repair, maintenance and replacement of City Roads. City releases and discharges County from any and all obligations and liability, now or in the future, with respect to City Roads. 4. City will pay to County the sum of $330,000.00 as follows: $110,000.00 within twenty (20) days after County by Resolution accepts County Roads for repair, maintenance and replacement, $110,000.00 on the first anniversary of such acceptance, and $110,000.00 on the second anniversary of such acceptance. 5. Payments of the City required under Paragraph 4 above payable after fiscal year 2003 are contingent upon funds for that purpose being appropriated and budgeted by the City Council of City. The City Manager of City is directed to include in the budget proposals submitted to the City Council, in any year in which payment is payable under Paragraph 4 hereof, items for such payment. -2- 6. The Subdivision Improvements Agreement as amended and modified by this Addendum shall remain in full force and effect binding upon City and County, provided that in the event of any conflict between the provisions of this Addendum and the provisions of the Subdivision Improvements Agreement, the provisions of this Addendum shall control to the extent of such conflict. Notwithstanding the provisions of this Addendum, including those set forth in the preceding sentence, City shall continue to be responsible for and shall provide and perform those maintenance and service responsibilities as are set forth in Section 12(a) through 12(e) and 12(g) through 12(h) of the Subdivision Improvements Agreement. 7. Nothing in this Addendum nor in the Subdivision Improvements Agreement is intended, nor shall either document be construed, to confer any direct benefits upon any persons or entities other than the City and County nor upon any specific property or properties. Any such benefit shall be incidental only and shall not confer nor be construed or interpreted to confer any right of any nature including any right of action to enforce this Addendum and the Subdivision Improvements Agreement upon any person or entity other than the City and County. � Muted as of the day and year first above written. CITY OF PUEBLO,) IP f? clerk qA'r r D (SEAL) ATTEST: ^ ' Secretary to the Bo CORPORATIO BY: Presibrit of the City Council BOARD OF COUNTY COMMISSIONERS OF PUEBLO C UNTY, COL JO Chair of the Board FA la \C77YWRPORMub imp Agent\Addmdum(miscd).%pd -3- PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ROAD SYSTEM Road No. Road Name Description Mileage Width Status 582 Atlas Avenue Skyway Street east to Keeler Parkway 0.17 City Limits 571 Bell Street Excellence Avenue north to End ' * EasementlNot a road 567 Braniff Street Lockheed Street north to Walt Bassett Blvd. 0.29 36 Count Doane Place United Avenue south to CDS 0.18 36 Coun Eaton Way William White Boulevard north to CDS 0.23 Count 566 Excellence Avenue Keeler Parkway east to Braniff Street 0.57 36 Count 561 Fairchild Street United Avenue north to Walt Bassett Blvd. 0.35 36 Coun 573 Kash Parkway United Avenue north to Atlas Avenue 0.18 36a City Limits Keeler Parkway Atlas Avenue north to Walt Bassett Blvd. 0.24 36a cou 575 Lockheed Street United Avenue north to CDS 0.22 36 County 572 Magnuson Avenue Skyway Street to Keeler Parkway 0.17 38 Coun 563 McDonnell Douglas Avenue United Avenue north to Excellence Avenue 0.17 36 Coun 577 Paul Harvey Boulevard ffighway 96 north to William White Blvd. 0.28 City Limits 569 Reyes Street United Avenue north to Walt Bassett Blvd. 0.35 36 Coun 570 Skyway Street United Avenue north to Atlas Avenue 0.12 36 C' Limits Skyway Street Atlas Avenue north to Ma uson Avenue 0.17 36 Coun 564 United Avenue Paul flary Blvd, east to Keeler ./C.L. 0.75 City Limits United Avenue City Limits east to E. Line Section 29 Coun 568 Walt Bassett Boulevard Keeler Parkway east to CDS 0.48 36 Coun 565 William White Boulevard CDS east to City Limits Line 0.74 58 Coun William White Boulevard City Limits to Paul Hary Blvd. 0.12 City Limits a - Width varies, average width noted. Roads shaded in light turquoise denote roads ineligible for HUTF Road shaded in light gray is currently on County maintenance listing. 111111 IIIIII3111111111111111111111111111 1536822 Page: 4 of 4 ChrisC.Munoz Puebicct ClkBRec ADD RGR 11/14/2003 11:57A R 21.00 D 0.00 K1 A 6/18/2003