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
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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.
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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.