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
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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
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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
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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:
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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.