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HomeMy WebLinkAbout5245RESOLUTION NO. 5245 A RESOLUTION APPROVING AN OPTION AGREEME14T TO TRANSFER TRACT NO. 3, EAST INDUSTRIAL SITE, PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND IMPERIAL INDUSTRIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: GPrTTnM 1 The Option Agreement dated September 12, 1983 between the City of Pueblo, a municipal corporation and Imperial Industries, Inc. relating to the transfer of Tract No. 3, East Industrial Site, Pueblo Memorial Airport, a copy of which is attached hereto and incorporated herein, is hereby approved. CPrTTnM 7 The President of the City Council is hereby authorized and directed to execute said Option Agreement for anon behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. ATTEST: City C1 k INTRODUCED: September 12 , 1983 By HAROLD MABIE, JR. Councilman APPROVED: President of the City Council OPTION AGREEMENT This Option Agreement made the 12th day of September 1983 between the City of Pueblo, a Municipal Corporation (herein "City ") and Imperial Industries, Inc. (herein "Company "), WITNESSETH: In consideration of the sum of $1.00 and other good and valuable consideration paid by Company to City, the receipt of which is hereby acknowledged, and of the covenants herein contained, City and Company agree as follows: 1. City does hereby grant an option and right to Company to acquire the undeveloped land located in Pueblo County, Colorado at Pueblo Memorial Airport described in the Deed attached hereto as Exhibit A (herein "Property "). 2. The option hereby granted shall be exercised by Company by giving written notice to the City at 1 City Hall Place, Pueblo, Colorado, 81003 on or before July 1, 1984. If Company shall not timely give notice of its exercise of this option, this Option Agreement shall terminate. If Company shall timely exercise its option hereby granted, the Deed, Exhibit A, shall be delivered to Company within 30 days after exercise of the option. 3. This Option Agreement and delivery of the Deed, Exhibit A, are subject to prior written approval of the Federal Aviation Administration. Company agrees to comply with notification and review requirements of the Federal Aviation Administration prior to commencement of construction, modification or alteration of any building or structure on the Property. 4. After exercise of the option hereby granted and com- mencement of construction by Company of a 50,000 square foot building on the Property, the City will, at its expense, cause the railroad spur track located south of adjacent property to be extended to the southwest corner of the Property. Company will execute an agreement to abide by the Colorado Corporation Commission Clearance Requirements and a joint operating agreement with the Atchison, Topeka and Santa Fe Railroad Company for use of the spur track. 5. Company shall, at its expense, cause all utilities used by Company on the Property to be extended to the Property. 6. Company shall pay to City for the use of services and facilities presently being provided at the Pueblo Memorial Airport, namely: domestic sewage treatment, public street maintenance, fire protection and public street lighting, an annual service fee based upon $200.00 per acre, one - twelfth thereof payable monthly. The service fee, at the sole option of the City, may be modified, increased or decreased five years after date of the Deed, Exhibit A, and every five years thereafter. If the City shall reduce or eliminate any or all of the services or facilities presently being provided, the service fee for the reduced services or facilities shall be determined by mutual agreement of City and Company, but such fee shall not be less than City's actual cost and expense of providing such services or facilities. 7. Company shall keep and maintain the Property and all improvements thereon in a clean, safe and orderly condition free of waste, rubbish, debris, trash and weeds. All unsightly areas of the Property and those used for storage shall be enclosed or screened from public view by a solid fence. 8. Company shall not assign this Option Agreement or any interest therein without the written consent of City. 9. The covenants and representations made by each party shall survive the exercise of the option hereby granted and delivery of the Deed for the benefit of the other party. 10. This Option Agreement sets forth the entire understanding of the parties and it shall not be changed or terminated orally. 11. This Option Agreement shall be binding upon and inure to the benefit of the City and Company and their respective successors and assigns and shall be enforceable and construed in accordance with Colorado law. Executed at Pueblo, Colorado. THE CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: BY President of th City Council City Clerk IMPERIAL INDUSTRIES, INC. ATTEST: By President Secretary -2- DEED This Deed, made this day of , 19 A.D., by and between the City of Pueblo, a Municipal Corporation, existing under the laws of the State of Colorado, Grantor, and , Grantee. W I T N E S S E T H: That the said Grantor for and in consideration of the sum of $10.00 and other good and valuable consideration to the said Grantor in hand paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said Grantee, its successors and assigns, all the parcels of land situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, described in Exhibit A attached hereto and incorporated herein as if set out in full (herein "Property "), so long as the Property is used for industrial purposes, together with all the improvements located thereon, and together with all and singular the hereditaments and appurtenances thereunto belong- ing, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, and to the Property, with the hereditaments and appurtenances. And the said Grantor for itself, its successors and assigns does covenant, grant and bargain and agree to and with the Grantee, its successors and assigns, the Property, in the quiet and peaceful possession of the said Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the Grantor, and the Grantor to warrant and forever defend subject, however, 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 the Property or which may cross over or under the Property and to the following covenants, conditions and restrictions which are and shall be construed to be covenants running with the Property and binding upon the Grantee, its successors and assigns and inuring to the benefit of the Grantor, its successors and assigns: 1. Grantor reserves for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, 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. 2. Grantee expressly agrees to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than feet above mean sea level. 3. Grantee expressly agrees that it shall not make any use of the Property 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 Property 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 Property 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. 4. The Grantor reserves a permanent easement and perpetual right -of -way to enter upon the Property at all reasonable times for the purpose of maintenance, repair and replacement of utilities located in or upon the Property as of the date of this Deed. 5. The Grantee may erect buildings and other structures of a permanent nature under, on, or over the Property, and Grantee agrees that if such permanent buildings or structures are to be constructed over underground pipelines or mains used for conveying water or sewage to, over or across the Property hereby conveyed, such utility lines shall be moved and relocated at the sole costs and expense of the Grantee to a new location on the Property mutually agreeable to Grantor and Grantee. 6. Grantee's use and development of the Property and all improvements thereon shall be subject to all applicable ordinances and codes of the City of Pueblo, including but not limited to, Chapter 1 of Title III of the 1971 Code of Ordinances and Building Codes, as amended, or as same may be subsequently amended, 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. 7. This Deed and conveyance is made upon the expressed condition that Grantee will: (a) construct and install improvements of a permanent nature upon the Property within one year after the date of this Deed, in accordance with a site and development plan approved by Grantor, such improvements to include without limitation a building having at least 50,000 square feet of floor space; and (b) commence on or before one year after date of this Deed business activities upon the Property and thereafter for such purpose employ not less than 30 full -time employees to -2- perform work at the Property or in the alternative engage a work force at the Property which performs not less than 60,000 man hours of work annually during each consecutive 12 -month period commencing one year after date of this Deed; and Property. (c) not sell or otherwise transfer or exchange the In the event of the breach of condition (a) the Property, free of all liens, encumbrances, taxes, easements, or rights of way placed on the Property by the acts or defaults of Grantee, will revert to the Grantor. In the event of the breach of either conditions (b) or (c), at the option of the then owner of the Property, the Property, free of all liens, encumbrances, taxes, easements, or rights of way placed thereon by the acts or defaults of Grantee, will revert to the Grantor or the then owner will pay to the Grantor a sum equal to the October 1983 fair market value of the Property excluding improvements within ninety days after demand by the Grantor. Fair market value shall be determined by a competent qualified appraiser selected by the Grantor. Grantee shall immediately notify the Grantor in the event of a breach of either condition (a), (b) or (c). Failure to so notify the Grantor shall constitute a waiver by Grantee of any applicable statute or period of limitations limiting or restricting any of Grantor's rights or remedies under this Deed or arising out of a breach of any of said conditions. 8. Invalidation of any one of the foregoing covenants, conditions, restrictions, or reservations by judgment or court order or otherwise shall in no wise affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. In witness whereof said Grantor and Grantee has hereunto caused the same to be executed the day and year first above written. City of Pueblo, A Municipal Corporation ATTEST: Pr ident of the Council Ci y Clerk ATTEST: By President Secretary -3- STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 19 A.D., by as President of the City Counciil and as City Clerk of the City of Pueblo, a Municipal Corporation of the State of Colorado. My commission expires: [Seal] STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Notary Public Address: The foregoing instrument was acknowledged before me this day of , 19 A.D., by as President and as Secretary of My commission expires: [Seal] Notary Public Address: -4- EXHIBIT "A" Beginning at the northwest corner of Section 29, Township 20 South, Range 63 West of the 6th Principal Meridian; thence S 14•- 31'36" E, a distance of 2,693.61 feet to a point on the south line of the D.O.T. access road, said line being at an angle of 75'- 29'10" with the north line of said Section 29; thence N 66 °- 17' -04" E, a distance of 683.49 feet; thence N 71•- 28' -34" E, a distance of 313.64 feet to the true point of beginning; thence S 08•- 39' -56" E, a distance of 1,873.29 feet to a point 150.00 feet northerly of the north right -of -way line of the AT &SF Railroad; thence S 83'- 46'56" E and parallel to said north right -of -way line, a distance of 578.87 feet; thence N 08•- 39' -56" W, a distance of 2,019.79 feet; thence S 81•- 33' -34" W, a distance of 559.45 feet to the true point of beginning, said tract of land contains 25.000 acres more or less.