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HomeMy WebLinkAbout5120RESOLUTION NO. 5120 A RESOLUTION APPROVING AN AGREEMENT CON- VEYING LAND AT PUEBLO MEMORIAL AIRPORT TO P.U.F. ENERGY, INCORPORATED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The City of Pueblo does hereby approve subject to prior approval by the Federal Aviation Administration the Agreement dated March 28, 1983 between the City of Pueblo, a Municipal Corporation and P.U.F. Energy, Incorporated relating to the conveyance of Lots 1 and 2, Block 11, Pueblo Memorial Airport, Pueblo County, Colorado. The President of the City Council is hereby authorized and directed to execute all required instruments to effect such conveyance and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED March 28 , 1983 By MIKE SALARDINO Councilperson APPROVED: ATTEST: -' PRESIDENT- THE COUNCIL City erl AGRFFMFNT This Agreement entered into this 28th day of March, 1983, between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (herein "City ") and P.U.F. Energy, Incorporated, a Colorado corporation, 625 Arrawanna Street, Colorado Springs, Colorado, 80909 (herein "Company "), WITNESSETH: Whereas, City is the owner by conveyance from the United States Government of certain land known as the Pueblo Memorial Airport, Pueblo County, Colorado; Whereas, it would be in the best interest of the City and in the public interest if portions of the airport property not required for aviation or airport use be transferred and be reused and developed for industrial purposes; and Whereas, such reuse and development of portions of the airport industrial property would increase the tax base and availability of jobs and promote the economic expansion of the City; and Whereas, Company has proposed a plan for the reuse and development of a portion of the airport property for industrial use. Now, Therefore, in consideration of the foregoing and mutual promises set forth herein, City and Company agree as follows: 1. Subject to approval by the tration, City will convey to Compan and interest in and to the property Exhibit "A" attached hereto so long for industrial purposes and subject which shall run with the property: Federal Aviation Adminis- y all of its right, title described as Parcel 1, as the property is used to the following conditions (a) Improvements of a permanent nature shall be constructed and installed on Parcel 1 on or before October 1, 1983 in accordance with a site and development plan approved by the City, such improvements to include without limitation a building having at least 10,000 square feet of floor space. (b) Commence on or before June 1, 1984 upon Parcel 1 the assembly or manufacture, or both, of products for distribution and sale and thereafter for such purpose employ not less than 20 full -time employees to perform work at the plant to be constructed on Parcel 1 or in the alternative engage a work force at such plant which performs not less than 41,600 man -hours of work annually during each consecutive 12 month period after June 1, 1984. (c) Parcel 1 shall not be sold or otherwise transferred or exchanged. In the event of the breach of condition (a) Parcel 1, free of all liens, encumbrances, taxes, easements, or rights of way placed on Parcel 1 by the acts or defaults of Company, will revert to the City. In the event of the breach of either conditions (b) or (c), at the option of the then owner of Parcel 1, Parcel 1, free of all liens, encumbrances, taxes, easements, or rights of way placed thereon by the acts or defaults of Company, will revert to the City or the then owner will pay to the City a sum equal to the March 1983 fair market value of Parcel 1 excluding improvements within ninety days after demand by the City. Fair market value shall be determined by a com- petent qualified appraiser selected by the City. 2. Company shall immediately notify the City Manager of City in the event of a breach of either condition (a), (b) or (c) set forth in paragraph 1. Failure to so notify the City shall constitute a waiver by Company of any applicable statute or period of limitations limiting or restricting any of City's rights or remedies under this Agreement or arising out of a breach of any of said conditions. 3. Company shall: (a) On or before October 1, 1983 construct and install improvements of a permanent nature on Parcel 1 in accordance with a site and development plan approved by the City, such improvements to include without limitation a building having at least 10,000 square feet of floor space. (b) Commence on or before June 1, 1984 upon Parcel 1 the assembly or manufacture, or both, of products for distribution and sale and thereafter for such purpose employ not less than 20 full -time employees to perform work at the plant to be constructed on Parcel 1 or in the alternative engage a work force at such plant which performs not less than 41,600man -hours of work annually during each consecutive 12 month period after June 1, 1984. (c) Not sell or otherwise transfer or exchange the property. 4. Company shall not commence development of Parcel 1 or the construction of improvements thereon until after an overall site and development plan for the property has been approved by the City. City will not unreasonably withhold such approval. All development and use of the property shall be in conformity with the approved plan and in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. IWAS 5. City does hereby grant to Company an option to acquire Parcel 2 described in Exhibit "A" attached hereto upon the same terms and subject to the same conditions imposed on Parcel 1, except that the improvements to be constructed on Parcel 2 and the number of additional employees to be engaged by Company shall be determined by mutual agreement between City and Company. The option hereby granted shall only be exercised by Company giving to City written notice of intent to exercise this option on or before March 28, 1985, and failure of Company to timely give such notice shall cause this option to be cancelled and terminated. 6. The deed of conveyance from City to Company for Parcels 1 and 2 shall contain the reservation and restriction set forth and described in Exhibit "B" attached hereto in addition to the conditions set forth in paragraph 1 hereof. 7. During such period as City furnishes and provides sewage disposal, street maintenance, fire protection or street lighting services or facilities at the Airport for the use and benefit of owners or users of Airport industrial property, Company shall pay to City monthly fees equal to the fees charged therefor to such other owners or users of Airport industrial property. 8. This Agreement shall be binding upon and inure to the benefit of the City and Company, their successors and assigns. Signed at Pueblo, Colorado. CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTE�T : ,,- � G�42 By z� ' V • ��� 44 Ci, C'erk President of the City Council APPROVED AS �O�FORM: G-� City Attorn ecret P.U.F. ENERGY, INCORPORATED,. A COLORADO,�ORPORATION BYE -- -, President -3- EXHIBIT A Parcel 1 .Lot 1, Block 11, Pueblo Memorial Airport, more particularly described as follows: Beginning at the intersection of the center lines of Reyes and Continental; Thence South 40.00'; Thence East 40.00' to the true point of beginning; Thence South 320.00'; Thence East 284.99'; Thence North 320.00'; Thence West 284.93' to the true point of beginning. parnAI Lot 2, Block 11, Pueblo Memorial Airport, more particularly described as follows: Beginning at the intersection of the center lines of Reyes and Continental; Thence South 40.00'; Thence East 324.93' to the true point of beginning; thence South 320.00'; thence East 284.99'; thence North 320.00'; thence West 284.93' to the true point of beginning. O 9 J Q U a� ,00 ook47 4 M ON 0� v U� 00 m 0 O � N O R o� v co N e 00 '006 v 0 0 v N N u )X0'1 _ 00'000 QN l OCR 'cop �N015 �I Nl',� U 0 J i 1 EXHIBIT B 1. The property described in Exhibit A is subject to recorded and unrecorded rights of way and easements for water, gas, sewer, electrical, telephone and other utilities, including but not limited to utility lines, pipelines, transmission mains, poles and appurtenant facilities which may be in, on or under said land or which may cross over or under said land. 2. Grantor reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of any aircraft now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking - off from, or operation on or over the Pueblo Memorial Airport. 3. Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the real property hereby conveyed, to a height of not more than 4700 feet above sea level. 4. Grantee expressly agrees for itself, its successors and assigns, that it shall not make any use of the real property hereby conveyed in any manner which might interfere with the landing and taking -off of aircraft at Pueblo Memorial Airport or otherwise constitute an airport hazard, and that it shall not erect or permit the erection of any structure or permit the growth of any tree upon the real property hereby conveyed which would interfere with landing or taking -off of aircraft at Pueblo Memorial Airport. In the event the aforesaid covenant is breached, the Grantor reserves the right to enter upon the real property conveyed hereby and to remove the offending structure or object and to cut the offending growth, all of which shall be at the expense of the Grantee. 5. The Grantor reserves a permanent easement and perpetual right -of -way to enter upon the real property hereby conveyed at any reasonable time Grantor may see fit for the purpose of maintenance, repair and replacement of utilities located in or upon said property as of the date of this special warranty deed. 6. The Grantee may erect buildings and other structures of a permanent nature under, on, or over the real property hereby conveyed, and Grantee agrees that if such permanent buildings or structures are to be constructed over the underground pipelines or mains used for conveying water or sewage to, over or across the real property hereby conveyed, such utility lines shall be moved and relocated at the sole cost and expense of the Grantee to a new location on the property hereby conveyed mutually agreeable to Grantor and Grantee. 7. Grantee's use and development of the real property hereby conveyed and all improvements thereon shall be subject to all applicable ordinances and building codes of the City of Pueblo, Rules and Regulations of the Federal Aviation Administration, and shall be limited to the uses permitted in Zone District I -2 as set forth and defined in Grantor's zoning ordinances.