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HomeMy WebLinkAbout05944RESOLUTION NO. 5944 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION, INC. CONCERNING THE TRANSFER OF LAND AND IMPROVE- MENTS AT PUEBLO MEMORIAL AIRPORT AND RELATING TO THE MCDONNELL DOUGLAS CORPORATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement dated December 22, 1986 between the City of Pueblo, a Municipal Corporation and the Pueblo Development. Foundation, Inc. and Warranty Deed attached thereto, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is hereby directed and authorized to execute the Agreement and Warranty Deed for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. Q V0g 7 The City Council does hereby find and determine that the construction of the facility described in the Agreement and the employment resulting therefrom will promote trade and industry, create employment opportunities and provide relief of extensive unemployment in the City, maintain a balanced and stable economy, promote the health and welfare of the people of Pueblo, and constitute the expenditure of funds for valid and proper public purposes. The expenditures of funds from Account No. 034 -8621 for the cost to construct the facility described in said Agreement is hereby approved and authorized. - A,6L ��&Z - Ci y Clerk INTRODUCED: December 22, 1986 By DOUGLAS L. RING Councilman APPRO ED: President of the City Council dIC AGREEMENT This Agreement entered into this 22nd day of December, 1986 between Pueblo, a Municipal Corporation (herein "City ") and Pueblo Development Foundation, Inc., a Colorado nonprofit corporation (herein "Foundation "), 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; and 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, Foundation has proposed a plan for the reuse and development of a portion of the airport property for industrial use by McDonnell Douglas Corporation; and Whereas, the property to be developed is surplus to�the City's needs. Now, Therefore, in consideration of the foregoing and mutual promises set forth herein, City and Foundation agree as follows: 1. Foundation and McDonnell Douglas Corporation (herein "Company ") will or have entered into an agreement for the lease and option to purchase property at Pueblo Memorial Airport (herein "Company's Agreement ") which property is described in the Warranty Deed attached hereto and incorporated herein (herein "Warranty Deed "). 2. Company's Agreement provides that a 61,750 square foot facility be constructed on the property described in Exhibit A to the Warranty Deed at a cost not to exceed $1,648,000 and requires Company to pay annual rent of $164,800 for the use of the property described in Exhibit A and the facility. Pueblo County, the State of Colorado and the City have heretofore committed to make funds available for capital project which may ultimately release and make available other funds for the construction of the facility in furtherance of the economic expansion of Pueblo and the creation of jobs for the unemployed people of Pueblo. City will advance the funds for the construction of the facility not to exceed $1,648,000. Foundation shall pay to City all funds advanced by the City for the construction of the facility within 10 years from date hereof or sooner if demanded by City. All rents and other payments paid to Foundation by Company under Company's Agreement and by County under its commitments shall be paid to City by Foundation until City has received in full all funds so advanced. Foundation shall annually submit to City an accounting of all payments paid to Foundation by Company. 3. Upon delivery to City of an executed copy of Company's Agreement, City will execute and deliver to Foundation the Warranty Deed. Foundation shall not use, lease, encumber, assign, or otherwise transfer title to the property described in the Warranty Deed or its interest therein except in furtherance of and in compliance with the terms and provisions of Company's Agreement. Contemporaneously with the delivery of the Warranty Deed to Foundation, Foundation will execute and deliver to City a deed of trust in form and content acceptable to the City Attorney upon the property described in the Warranty Deed securing the performance of this Agreement and the payment of funds advanced by the City. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Executed the day and year first above written. ATTEST: PUEBLO A MUNICIPAL CORPORATION I �cj By C� " City lerk President of the City Council [S E A L) ATTEST: oGxx m Secretary PUEBLO DEVELOPMENT FOUNDATION, INC. , �esident [S E A L] WARRANTY DEED THIS DEED, made this 2 day of CcaIWER, _, 19 �(O by and between Pueblo Development Foundation, Inc., a Colorado Nonprofit Corporation, existing under the laws of the State of Colorado (herein "Company ") and The City of Pueblo, a Municipal Corporation (herein "City "), W I T N E S S E T H: That City for and in consideration of the sum of $10.00 and other good and valuable consideration to City in hand paid by the Company, 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 Company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in Exhibits "A ", "B" and "C" attached hereto and incorporated herein (herein "Property "), with all its appurtenances, and warrant the title to the same, subject to restrictions, reservations, rights of way, and easements of record, including those contained in Quit Claim Deed dated July 20, 1948 and recorded in Book 1074, Pages 87 to 117 of the Pueblo County records, and easements for all existing sanitary and storm sewer, water, electrical power, and natural gas lines located on or crossing the Property, and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of City, its successors and assigns. 1. City 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 Property, together with the right to cause in the airspace above the surface of the Property such noise as may be inherent in the operation of any aircraft now known or hereafter used for naviga- tion of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4690 feet above the mean sea level. 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport or otherwise constitute an airport hazard. In the event this covenant is breached, City reserves the right to enter upon the Property and at the expense of the Company to remove the offending structure or object and to cut the offending growth. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for offices and manufacturing facilities. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, or which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the -2- business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in underground storage facilities unless otherwise required by applicable law. (b) Outdoor storage shall not be permitted except for storage of equipment used at the facility. Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over 70 feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than 75 feet of the right -of -way line of United Avenue or 25 feet of side or rear streets. There must be installed and maintained a minimum 25 -foot strip of landscaped ground adjacent to United Avenue and adjacent to other abutting streets. Minimum side yards set -backs shall be 25 feet. No access from Keeler Boulevard to the Property is permitted at this time. (e) The Property owner shall at all times keep and maintain the Property and all buildings, landscaping and improvements located thereon in a good, clean, safe and orderly condition free of rubbish, debris and trash. (f) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping of the Property, the Property owner shall submit to and have approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within thirty (30 ) days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (g) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system at Pueblo Memorial Airport, now in effect or hereafter adopted or amended. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. Company or its assigns shall commence manufacturing and -3- be in actual production of its products on the Property within nine (9) months after date hereof. If Company or its assigns shall fail to be in actual production of its products on the Property within nine (9) months after date hereof or such different time as City and Company may mutually agree to in writing, the Property will revert to the City. If the Property so reverts to City and if City gives written notice to Company of its exercise of its right of reversion and tenders to Company all sums actually paid to City by Company for the purchase of the Property, Company shall execute and deliver to City a special warranty deed conveying to City marketable title to the Property free of all liens, encumbrances and taxes, and covenants, restrictions, easements and rights of way placed thereon by the acts or defaults of Company. 6. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo memorial Airport, or any part thereof, including without limitation, the Property, becomes eligible for annexation. 7. 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. 8. City shall have the right to enforce the restrictions, covenants and conditions hereof by injunction or other lawful procedure and to recover damages, costs, expenses, including -4- reasonable attorney fees, resulting from any violation thereof or arising out of their. enforcement. PUEBLO DEVELOPMENT FOUNDATION, INC. [S E A I! ATT B T W Pres i.d'ent Secretary CITY OF PUEBLO, A MUNICIPAL [S E A L) COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) CORPORATION By President of the City Council The foregoing instrument was ackno edged before me in Pueblo Cou y, Colorad this 'day of 19 t"% by as Presi- ent and fj� as Secretary of Pueblo Development Foundation, Inc., a Colorado Nonprofit Corporation. Witness my hand and official seal. My commission expires: [S E .A L COUNTY OF PUEBLO ) ) ss. STr,TE OF COLORADO ) 4 Notary Public `�— c The foregoing instrument was acknowledged before me in Pueblo County, Colorado this day of C,Z- , 19 7 by Michael Occhiato as President of the City Council/ and Marian D. Mead as City Clerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: / / - 12rJ' % ~ �� [S E A L] Notary Public -5- SUBDIVISION EXEMPTION NO. 86 -9 A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land located in the Ej of the SWJ and the W} of the SE} of Section 30, Township 20 South, Range 63 West of the 6th Principal Meridian, said parcel being more particularly described as follows; Beginning at a point from which the NW corner of said Section 30 bears N 37° 11' 29" W (Bearings based on the north line of said Section 30 to bear N 89° 59' 27" E), a distance of 4029.00 feet; thence along the arc of a curve to the left whose center bears N 13° 08' 26" E, having a central angle of 16° 54' 58" and a radius of 290.00 feet, a distance of 85.62 feet; thence N 86" 13' 28" E. a distance of 228.44 feet; thence S 01° 33' 08" E, a distance of 784.06 feet; thence S 88° 25' 20" W, a distance of 313.07 feet; thence N 01 33' 08` W, a distance of 784.60 feet to the Point of Beginning. Said parcel contaims 5.60 acres, more or less. This is to certify that this description was prepared under my direct supervision. EXHIBIT "A" f PARCEL B A parcel of land located in the County of Pueblo, State of Colorddo, to -wit: A parcel of land located in the W} of the SEj of Section 30, Township 20 South, Range 63 West of the 6th Principal Meridian, said parcel being more particularly described as follows; Beginning at a point from which the NW corner of said Section 30 bears N 40 38' 43" W (Bearings based on the north line of said Section 30 to bear N 89° 59' 27" E), a distance of 4219.41 feet; thence N 86° 13' 28" E, a distance of 309.02 feet; thence S 01 33' 08" E, a distance of ;95.91 feet; thence S 88 25' 20" W, a distance of 308.79 feet; thence N 01 33' 08' W, a distance of 784.06 feet to the Point of Beginning. Said parcel contains 5,60 acres, more or less. This is to certify that this description was prepared under ■y direct supervision. ri •- MMIBIT '8' 9 PARCEL C A parcel of land located in the County of Pueblo, State of Colorado, to -wit. A parce4'of land located in the W} the SEI of Section 30, Township 20 Soutik. Range 63 West of the 6th Principal Meridian, said parcel being more particularly described as follows; Beginning at a point from which the NW corner of said Section 30 bears N 43° 51' 28" W (Bearings based on the north line of said Section 30 to bear N 89 59' 27" E), a distance of 4411.75 feet; thence N 86° 13' 28" E. a distance of 93.40 feet; thence along the arc of a curve to the left, having a central angle of 42° 49' 27" and a radius of 290.00 feet, a distance of 216.75 feet; thence N 43° 24' 01" E. a distance of 120.95 feet; thence S 46 36' 21" E, a distance of 506.71 feet; thence S 43 23' 57" W, a distance of'123.93 feet; thence along the arc of a curve to the left, having a central angle of 44° 58' 38" and a radius of 340.00 feet, a distance of 266.90 feet; thence S 01 34-' 40• E. a distance of ».73 feet; thence S 88 25' 20" W, a distance of 544.59 feet; thence 11 01 33' 08" W, a distance of 795.91 feet to the Point of Beginning. Said parcel contains 11.56 acres, more or less. This is to certify that this descirption was prepared under my direct supervision., "J EXHIBIT "C"