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
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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
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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"