HomeMy WebLinkAbout6367RESOLUTION NO. 6367
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
ARKANSAS VALLEY TECHNOLOGIES, INC., A TEXAS
CORPORATION RELATING TO THE TRANSFER OF LAND AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE
AGREEMENT AND THE WARRANTY DEED THEREIN DESCRIBED
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
The City Council does hereby find and determine as follows:
(a) There now exists in the City of Pueblo and has existed
for a number of years unemployment constituting an econonic and
social liability impairing and arresting the sound growth,
economic development and stability of the City.
(b) The prevention and elimination of unemployment and the
social and economic evils associated therewith are proper public
purposes and matters of local and municipal concern which justify
the expenditure of public funds.
(c) The City is the owner by conveyance from the United
States Government of land known as the Pueblo Memorial Airport and
it would be in the best interests of the City and in the public
interests if portions of the Airport land not required for
aviation or airport use be transferred and be reused and developed
for industrial purposes.
(d) Arkansas Valley Technologies, Inc. has determined to
construct on land at Pueblo Memorial Airport an approximately
10,000 square foot manufacturing facility with office space
(herein "Project ").
(e) Arkansas Valley Technologies, Inc. believes it will
employ and has committed to the City that it will use its best
efforts in good faith to employ twenty -five (25) full -time
employees at the Project by July 1, 1990.
(f) The property described in the Agreement between the City
and Arkansas Valley Technologies, Inc. attached hereto is surplus
to the City's needs.
(g) The construction of the Project will stimulate and
promote industrial activity at Pueblo Memorial Airport thereby
creating employment opportunities for the citizens of the City,
greater use of airport facilities and increased aeronautical
activities.
(h) The execution and performance of the Agreement between
the City and Arkansas Valley Technologies, Inc. are in the best
interests of the City and its citizens and will promote the public
health, safety, commerce, prosperity and general welfare of the
City and its citizens.
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The Agreement between the City of Pueblo, a Municipal Cor-
poration and Arkansas Valley Technologies, Inc., a Texas
Corporation, dated February 13, 1989, the original of which is on
file in the office of the City Clerk and incorporated herein as if
set out herein in full, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 3
The President of the City Council is hereby authorized and
directed to execute for and on behalf of the City the Agreement
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and the Warranty Deed substantially in the form of Exhibit "A"
attached thereto and the City Clerk is directed to affix the seal
of the City thereto and attest same.
INTRODUCED: April 24, 1989
JOHN CALIFANO
Councilman
ATTEST: APPROVED:
c
ty Clerk Pre ident of the City Council
TJ 33.23 -3-
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Members of the City Council and City Manager
FROM: City Attorney
DATE: April 19, 1989
RE: Transfer of Land to Arkansas Valley Technologies, Inc.
The attached Resolution authorizes the transfer of 4.94 acres of
airport land to Arkansas Valley Technologies, Inc. (the "Company ")
for $5.00.
Company under its agreement with City has committed to construct a
10,000 square foot facility on the land within 9 months and use
its best efforts in good faith to employ at its facility twenty -
five (25) full -time employees on or before July 1, 1990. The City
has agreed at its cost to remove excess dirt stockpiled on the
land and perform earthwork for a storm water detention facility.
Company has also been given a two ( 2 ) year option to acquire an
additional 5 acres of land at the airport upon identical terms and
conditions.
Company has not provided the City with any financial information
showing that the Company is financially capable of performing its
obligations under the agreement with the City except confidential
financial information of another company which has been forwarded
to you.
Since the other company will not guarantee the performance and
obligations of Arkansas Valley Technologies, Inc., the City has no
documented information that Arkansas Valley Technologies, Inc.
has the financial ability to perform its obligations with the
City.
Thomas E. Jagger
35.30/jp
Attachment
AGREEMENT
THIS AGREEMENT entered into this 13th day of February, 1989
between the CITY OF PUEBLO, A MUNICIPAL CORPORATION (herein
"City ") and ARKANSAS VALLEY TECHNOLOGIES, INC., a Texas
Corporation authorized to do business in the State of Colorado
(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, and
WHEREAS, it would be in the best interest of the City and in
the public interest if portions of the Airport land 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 land would increase the tax base and avail-
ability of jobs and promote the economic expansion of the City,
and
WHEREAS, the property described herein is surplus property no
longer of need or use to the City, and
WHEREAS, Company has proposed a plan for the reuse and
development of a portion of the Airport land for industrial use.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, City and Company agree as follows:
1. Sale and Purchase (a) City does hereby sell, and
Company does hereby purchase upon the terms and conditions herein,
for a purchase price of $5.00 (herein "Purchase Price ") payable as
herein provided, approximately 5 acres, more or less, of
unimproved real property in its present condition located at
Pueblo Memorial Airport, Pueblo County, Colorado described in
Exhibit "A" attached hereto and incorporated herein (herein
"Property "). Company acknowledges that City owns the Property
subject to restrictions in the deed to the City recorded in Book
1074, Page 87, Instrument No. 819072 of the records of the Clerk
and Recorder of Pueblo County, Colorado.
(b) The Purchase Price will be paid in full at closing.
2. Conveyance The City shall convey title to the Property
to Company by general Warranty Deed substantially in the form of
Exhibit "A" attached hereto and incorporated herein, free of
liens, encumbrances, taxes and assessments. At closing, the deed
will be duly executed and acknowledged for recording.
3. Closing The closing of the transaction contemplated by
this Agreement shall be in Pueblo, Colorado at a time and date
designated by the City, on or before May 31, 1989 (herein "closing
date "). The closing date hereunder may be changed without
amendment to this Agreement by mutual written consent of City and
Company and both parties shall be reasonable in consenting to
changes in the closing date in order to comply with the conditions
precedent to closing set forth in paragraph 4. If the closing
does not take place on or before the closing date or such later
date as City and Company shall mutually agree to in writing, this
Agreement shall become null and void.
4. Conditions Precedent to Closing. The purchase and sale
herein contemplated is contingent upon and subject to the follow-
ing:
(a) Receipt by Company, at Company's option, of a
standard ALTA owners title insurance policy, or commitment
therefor, in the amount of the estimated value of the Property as
improved satisfactory to Company, insuring title to the Property
free of liens, encumbrances, taxes and assessments. All costs and
premium for such title insurance shall be paid by Company.
(b) Prior approval of the Federal Aviation Administra-
tion (herein "F.A.A. ") and its issuance of all necessary Deeds of
Release for the Property.
(c) Pueblo County granting an exemption from its sub -
division regulations for the Property or the inclusion of the
Property in an approved subdivision.
(d) Completion by Company, at Company's option, of
environmental and soils surveys and tests of the Property showing
the Property to be, in Company's sole opinion, in an acceptable
environmental condition and suitable for construction of Company's
facilities. Such environmental and soils surveys and tests shall
be conducted by Company at its sole cost and expense.
If any of the above conditions precedent to closing are
not complied with prior to closing, Company or City may terminate
this Agreement and each party shall be released from all obliga-
tions hereunder.
5. Company's Representations Company represents, warrants
and agrees, subject to closing, as follows:
(a) Company shall construct and equip on the Property
an approximately 10,000 square foot manufacturing facility with
office space (herein "facility") and will operate its facility in
a manner which will be advantageous to the economic development of
the City and County of Pueblo, Colorado as set forth herein. The
facility will be constructed in accordance with plans and specifi-
cations, including parking, site development and landscaping
plans, approved by City, which approval will not be unreasonably
withheld or delayed, and in compliance with applicable federal,
state, and local law, regulations and codes. Company estimates
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that the facility will be operational within nine (9) months after
date of closing.
If Company does not commence construction of its
facility in accordance with plans and specifications therefor
approved by the City within six (6) months after closing and
thereafter without unreasonable delay pursue its completion and
take all action necessary and required therefor, Company shall, in
exchange for its original purchase price, reconvey to City title
to the Property by Special Warranty Deed free of all liens,
claims, encumbrances, taxes, restrictions, reservations and
easements and rights of way placed thereon by the acts or defaults
of Company. The term "commence construction" means the pouring of
footings and foundations.
(b) Company shall, at its own expense, cause all
utilities and roads used or to be used by the Company on the
Property to be extended from William White Boulevard and William
White Place to the Property and installed upon the Property and
shall maintain and keep in good repair all such roads and utility
extensions.
(c) Company shall keep and maintain the Property and
all improvements thereon including landscaping in a good, clean,
safe and orderly condition, free of waste, rubbish, debris and
trash and will enclose and screen from public view by a solid
fence all unsightly areas of the Property and those areas used for
storage.
(d) Waste water discharged from the Property into
City's sanitary sewer system and Company's use thereof are limited
by and subject to the available treatment capacity of City's waste
water treatment facilities and City's sewer user, industrial cost
recovery, high strength surcharge, and pretreatment ordinances,
rules and regulations applicable to City's sanitary sewer system,
now in effect or hereafter adopted and amended. Company shall
only discharge domestic waste water from the Property. If Company
discharges waste water from the Property other than into City's
sanitary sewer system, Company shall obtain all permits and ease-
ments required therefor. City will cooperate with Company in
obtaining such permits and easements provided City incurs no
expense or liability relating thereto.
(e) Company shall comply with notifications and review
requirements of the F.A.A. prior to construction, modification or
alteration of any building or structure on the Property.
(f) Company shall pay to City a combined service fee
for services and facilities now furnished by City at the Pueblo
Memorial Airport, namely: sewage treatment, public street
maintenance, fire protection, and street lighting based upon
$295.00 per acre per annum payable monthly for each acre of land
conveyed to Company hereunder. City may, from time to time,
reduce or eliminate any or all of the services or facilities
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presently being furnished and may modify, increase, or decrease
the annual combined service fee provided (i) such services and fee
shall be non - discriminatory among other tenants and owners of land
at Pueblo Memorial Airport receiving such services and facilities,
and (ii) such fee shall be reasonable in relation to City's actual
cost and expense of furnishing the services and facilities then
being furnished. City's cost may include the cost of capital
improvements amortized over the useful life of the improvements.
If domestic waste water discharged from the Property is transport-
ed to and treated at City's waste water treatment facilities not
located at Pueblo Memorial Airport, Company and the waste water so
transported and treated will be subject to the same restrictions,
limitations, conditions, fees, and charges as other users of said
facilities and waste water so transported and treated, and the
combined service fee provided for in this paragraph will be
reduced by an amount equal to the component thereof attributable
to sewage treatment.
(g) Company agrees and acknowledges that neither City
nor any of its officers, employees or agents has made any repre-
sentation or warranty concerning or relating to the operation,
maintenance or continuance of the Pueblo Memorial Airport or any
public areas or facilities located at the Pueblo Memorial Airport.
(h) The Property to be conveyed to Company hereunder is
a portion of land City is developing into an industrial park.
City in developing the industrial park intends to prepare and
record appropriate restrictive covenants restricting the develop-
ment and use of the land adjacent to the Property to industrial
and commercial development and uses which are generally compatible
with Company's contemplated use for the Property. City agrees to
consult with Company in the preparation of such restrictive
covenants for the industrial park. City further agrees that such
restrictive covenants will not require modification of Company's
use of the Property on the date the restrictive covenants are
recorded. Company shall subordinate the Property to such
restrictive covenants and, if requested by the City to do so, will
execute and record an instrument subjecting the Property thereto.
(i) Company acknowledges and agrees that the creation
of jobs by Company is the primary purpose and the major considera-
tion to the City for the transfer of the Property hereunder.
Therefore, Company agrees that it will use its best efforts in
good faith to employ at its facility on the Property twenty -five
(25) full -time employees on or before July 1, 1990.
(j) At the request of City, Company shall meet and in
good faith confer with the 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.
(k) Company shall provide for storm water drainage
which shall include the construction and installation of storm
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water detention facilities on the Property. The detention
facility shall be capable of storing the developed on -site runoff
from a 100 -year frequency storm. The maximum release rate from
the detention facility at the ponding depth corresponding to the
10 -year volume shall be .30 cfs /acre and 1.00 cfs /area for the
100 -year ponding depth. All calculations and details shall
conform with the City of Pueblo Storm Drainage Criteria Manual.
The point of discharge from the detention facility shall be at a
location approved by the Director of Public Works.
6. Surveys and Tests. City grants Company the immediate
right to enter the Property and to make such surveys and tests on
the Property as the Company deems necessary. Company agrees to
indemnify and hold City, its officers, employees and agents harm-
less from and against all claims, actions, suits, costs, liabili-
ties, interest and attorney fees resulting from or arising out of
Company's entry upon or use of the Property prior to closing.
7. Purchase Option. If Company is not in default here-
under, and for a period of two (2) years after closing date,
Company shall have the option to purchase for the purchase price
of $10.00 per acre an additional parcel of land of approximately
five (5) acres at Pueblo Memorial Airport (the "Option Land ") for
the purpose of establishing another manufacturing facility,
conditioned upon and subject to the following:
(a) The location of the Option Property will be mutual-
ly acceptable to City and Company. The facility to be constructed
on the Option Property and the use thereof will be compatible with
other businesses and industries at the Pueblo Memorial Airport
industrial park, City's development plans for the Pueblo Memorial
Airport industrial park, and City's land transfer policy and
procedures.
(b) The transfer of the Option Property and development
thereof by Company will not cause or result in any cost or expense
to the City.
(c) Company agreeing in writing delivered at the time
of notice of exercise of the option to ( i ) construct and equip an
additional 10,000 or more square foot manufacturing facility upon
the Option Land and describing those facilities, and (ii) use its
best efforts in good faith to employ at its facilities to be
constructed on the Option Land twenty -five (25) full -time employ-
ees within twelve (12) months from date of closing of the purchase
of the Option Land.
(d) The option hereby granted may not be assigned or
transferred by Company. Any such attempted assignment or transfer
shall be void and unenforceable.
(e) The option hereby granted shall be exercised by
Company by delivering to City on or before the expiration of two
(2) years from the date of closing, Company's written notice of
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its exercise of the option accompanied by the written agreement
described in paragraph 7(c) above. If Company does not give timely
notice of its exercise of this option before its expiration, this
option shall automatically terminate. If Company timely exercises
its option, the sale and purchase shall be closed in Pueblo, Colo-
rado within ninety (90) days after receipt by the City of Company's
written notice to exercise and agreement.
(f) Company and City refer to and specifically incorpo-
rate into this paragraph 7 all of the terms, provisions and condi-
tions of this Agreement (except this paragraph -*, the same as if
set forth herein in full. Any reference to "Property" in the Agree-
ment as incorporated herein shall be to the Option Land. Any refer-
ence to "this Agreement" in the Agreement incorporated herein shall
be to this paragraph 7. If any term, condition or provision of this
Agreement as incorporated herein is inconsistent or conflicts with
any term, condition or provision of this paragraph 7, the terms,
provisions and conditions of this paragraph 7 shall control to the
extent only of such inconsistency or conflict. V_
B. City's Representations
(a) The City represents that as of the date of this
Agreement, to the best of City's knowledge, there are no legal suits
or proceedings pending or threatened against the City in which an
unfavorable decision, ruling or finding would adversely affect the
Property.
(b) City will at its cost (i) remove the pile of excess
dirt which has been temporarily stockpiled on the Property, and (ii)
perform all earthwork necessary for the construction of the storm
water detention facility required to be constructed by Company under
paragraph 5(k) hereof, provided the plans and design thereof are
first approved by the Director of Public Works.
9. Colorado Law. This Agreement shall be governed by the
laws of the State of Colorado and shall be construed in accordance
therewith. Time is of the essence hereof.
10. Complete Understanding_. This Agreement constitutes the
complete understanding and agreement of the parties and supersedes
any and all prior oral and written agreements, understandings or
representations between the parties regarding the subject matter
hereof.
11. No Waiver. No provision of this Agreement may be waived
except by an agreement in writing signed by the waiving party. A
waiver of any term or provision shall not be construed as a waiver
of any other term or provision.
12. Binding Effect. This Agreement shall be binding on the
parties, their heirs, executors, administrators, successors or
approved assigns. The parties agree to do any and all things
necessary to effectuate the purposes of this Agreement.
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13. Construction. Throughout this Agreement, the singular
shall include the plural; the plural shall include the singular; and
the masculine and neuter shall include the feminine, wherever the
context so requires.
14. Text to Control. The headings of sections are included
solely for convenience of reference. If any conflict between any
heading and the text of this Agreement exists, the text shall
control.
15. Severability. If any provision of this Agreement is
declared by any court of competent jurisdiction to be invalid for
any reason, such invalidity shall not effect the remaining provi-
sions. On the contrary, such remaining provisions shall be fully
severable, and this Agreement shall be construed and enforced as if
such invalid provisions had never been inserted in the Agreement.
16. Amendment This Agreement may be amended, altered or
revoked at any time, in whole or in part, only by filing with this
Agreement a written instrument setting forth such changes, signed by
the parties hereto, except as otherwise provided in Section 3.
17. No Assignment. The Company shall not assign this Agree-
ment or any interest therein without the prior written consent of
the City. Any such assignment without the prior written consent of
the City shall be void.
18. Notices. All notices required to be given by this Agree-
ment shall be made in writing and served either by:
a. personal delivery to the party requiring notice; or
b. mailing notice via the U.S. Mail to the last known
address of the party requiring notice, by first class mail, postage
prepaid.
Effective date of the notice shall be the date of the
personal delivery as specified in paragraph a. above or four (4)
days after the date the notice was deposited in the U.S. Mail as
specified in paragraph b. above.
For purposes of this section, the initial addresses of the
parties hereto shall be as follows:
Arkansas Valley Technologies, Inc. City Manager
c/o Thomas T. Farley City of Pueblo
650 Thatcher Building 1 City Hall Place
Pueblo, CO 81003 Pueblo, Colorado 81003
19. Survival of Covenants and Representatio The covenants,
representations and warranties made by each party herein shall
survive the closing for the benefit of the other party.
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20. Non - Exclusive Use of Roads. City grants to Company a
non - exclusive easement and right -of -way over and across William
White Boulevard and William White Place for purposes of ingress to
and egress from U.S. Highway 50 -B to and from the Property. City
reserves the right to repair, modify, alter, change, relocate,
temporarily close and provide detours therefor, and redesignate
such roads. Immediately upon the dedication by the City of the
roads, or any portion thereof, to the public, the easement and
right -of -way granted by this paragraph shall cease and terminate
as to the roads or portions thereof so dedicated.
IN WITNESS WHEREOF, the Company has caused this Agreement to
be executed by its duly authorized officers, and the City has
caused this Agreement to be executed by its duly authorized
representatives both on the day and year first written above.
Arkansas Valley Technologies, Inc.
[S E A Ll _ r,
ATTEST: l� BY v`
Secretary President
[S E A L]
CITY OF EBLO,
A MUNICIPAL CORPORATION
vj
ATTEST: BY '
ty Clerk Pre ident of the City Council
TEJ 31.46 -8-
WO.M8012 RECORDED / AP R 2 7 1989
'"!KO courM. COLORADO ! - r9 d P M
WARRANTY DEED
M2444 FMF 2A
THIS DEED, made this oWA' day of /'41 ail 1981 by and
between the CITY OF PUEBLO, a Municipal Corporation, existing
under the laws of the State of Colorado (herein "City") and
ARKANSAS VALLEY TECHNOLOGIES, INC., a Texas Corporation (herein
"Company "), WITNESSETH:
That the City for and in consideration of the sum of $5.00
and other good and valuable consideration to the 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 Exhibit "A" 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 and easements for the existing sanitary
and storm sewer, water 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
the 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
EXHIBIT "A"
9=2444 PxF 29
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 4,670 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.
4. The Property and its use are further subject to the
following Restrictive Covenants:
(a) The Property may be used only for manufacturing facili-
ties and incidential office and warehouse uses. The Property
shall not be used for smelting or commercial plating operations,
or for the storage or processing of putrescible materials, or for
any purpose or business 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
business conducted on the Property but not for sale at retail or
wholesale may be stored on the Property in an environmentally
sound manner.
(b) 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 forty -five (45) feet in height shall be installed
or constructed on the Property.
(d) No structure or building shall be constructed or
installed within the following minimum yard set - backs: front yard
(William White Place), thirty -five (35) feet; side yard (William
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wm2444 PmF
White Boulevard), sixty -five (65) feet; other side and rear yards,
twenty -five (25) feet. There must be installed and maintained a
minimum strip of living landscaped ground within the yard set -
backs and adjacent to abutting streets as follows: William White
Place, twenty -five (25) feet; William White Boulevard, thirty -five
(35) feet; other abutting streets, fifteen (15) feet.
(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 waste, rubbish, debris and trash,, and enclose and screen from
public view all outside storage and unsightly areas of the
Property and those used for storage.
(f) Before commencing the construction, installation or
alteration of any building, structure, parking facility, outdoor
sign, or other permanent improvement, or landscaping on the
Property, the Company 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 twenty -
five (25) working 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 the available treatment capacity of City's waste water
treatment facilities and City's sewer user, industrial cost
recovery, high strength surcharge, and pretreatment ordinances,
rules and regulations applicable to City's sanitary sewer system,
now in effect or hereafter adopted or amended. Company shall only
discharge domestic waste water into City's sanitary sewer system.
If Company discharges waste water from the Property other than
into City's sanitary sewer system, Company shall obtain all
permits and easements required therefor. City will cooperate with
Company in obtaining such permits and easements provided City
incurs no expense or liability relating thereto.
(h) City reserves the right to waive all or any part of
these Restrictive Covenants.
5. If Company does not commence construction on the
Property of an approximately 10,000 square foot manufacturing
facility within six (6) months from date .hereof and thereafter,
without unreasonable delay, pursue their completion and take all
30
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eomt2444 w 31
action necessary and required therefor, Company shall reconvey to
City marketable title to the Property by Special Warranty Deed
free of all liens, claims, encumbrances, taxes, restrictions,
reservations, easements and rights of way placed thereon by the
acts or defaults of Company. The term "commence construction"
means the pouring of footings and foundations.
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 not 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
reasonable attorney fees, resulting from any violation thereof or
arising out of their enforcement.
r
; . CITY OF PUEBLO,
��� , A MUNICIPAL CORPORATION
A T T:--1
`'
By
Pre ident of the City Council
- y ''
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m2444 PAGF 32
[S E A L)
ARKANSAS VALLEY TECHNOLOGIES, INC.
ATTEST: By yy [V
President
Secretary
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowled before me this d 7
day of 19�� by as President
of the Ci y Council of Pueblo, Colorado and Marian D..Mead as City
Clerk of the City of Pueblo, Colorado.
Witness my hand and official seal.
a �S,My / e(o #mission expires: f /-/3- '7
"E E-vA LT
�* • ', C-) i Notary Public
COUNty OF
.. ) s s .
STATE OF
The fore oing instrument was acknowledged before me this
day of . 19 by 9�7 �� ,. as
President and as Secretary of Arkansas
Valley Technologies, Inc., a Tex s corporation.
Witness my hand and official seal.
My commission expires: _I`t
[S E A L]
Notary Public
60 S &'k_ P �
T
TEJ 31.47 -5-
8MR2444 KGE 33
w
A parcel of land located in the N 112 of the SE 1/4 of Section 26, Township 20
South, Range 64 West of the 6th Principal Meridian, said parcel being more
particularly described as follows:
Beginning at a point from which the Northeast corner of said Section 26 bears
N 18 E (bearings based on the North line of said Section 26 to bear
N 89 W), a distance of 2,824.05 feet; thence S 01 E, a distance
of 513.64 feet; thence S 88 W, a distance of 419.03 feet; thence
N 01 W, a distance of 513.64 feet; thence N 88 E, a distance of
419.03 feet to the point of beginning.
Said parcel contains 4.94 acres more or less
EXHIBIT "A"
Ilk
�n, Recorded at.- -- --
ReceptionNo ............. .......... -............... - - - -- --
NOV 2 4 1989 90 2 468 PAG3 "9
Tms DEED, Made this 1st day of November ,
19 89 , between Arkansas Valley Technologies, In
a Texas Corporation
of the County of Travis and State of Texas
-
of the first part, and pueblo, a Municipal
Corporation , 1 City Hall Place, Pueblo, CO
of the
County of Pueblo and State of Colorado, of the second
part;
WITNESSETH, That the said part Y of the first part, for and in consideration of the sum
Of Ten Dollars and Other Good and Valuable Consideration
l&=�
to the said part Y of the first part, in hand paid by the said part Y of the second part, the
receipt whereof is hereby confessed and aclmowledged, ha s granted, bargained, sold and conveyed,
and by these presents do e s grant, bargain, sell, convey and confirm unto the said part y of
the second part, its su ISIff s assigns forever, all the following described lot or parcel
of land, situate, lying and being in the County of Pueblo and State of
Colorado, to wit:
A parcel of land located in the N1 /2 of the SE 1/4 of
Section 26, Township 20 South, Range 64 West of the 6th Principal
Meridian, said parcel being more particularly described as follows:
Beginning at a point from which the Northeast corner of said
Section 26 bears N18 0 01 1 14" E (bearings based on the North line of
said Section 26 to bear N89 °10'48 "W), a distance of 2,824.05 feet;
thence S01 °57'57" E, a distance of 513.64 feet; thence S88 °02'03" W,
a distance of 419.03 feet; thence N 01 0 57'57" W, a distance of
513.64 feet; thence N 88 °0 E, a distance of 419.03 feet
to the point of beginning
Said parcel contains 4.94 acres more or less
NO STATE DOCUMENTARY FEE - EXEMPT
Together with all and singular the hereditaments and appurtenances thereunto belonging, 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 said
part y of the first part, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar-
gained and described, with the appurtenances, unto Pueblo, a Municipal
Corporation the said part y of the second part,its suc
lax and assigns forever.
Andthesaid Arkansas Valley Technologies, Inc.
part y of the first part, for it sel f , its succ�ri
& VM jUtrxtW do e s covenant, grant, bargain and agree to and with the said part y of the
second part, i t s s u 9fiM s aH assigns, the above bargained premises in the quiet and peaceable
possession of said part y of the second part, its suc fi6 s assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under
the said part y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set
hand and seal the day and year first above written.
$�$
------------------------------------------------------ [SEAL]
(SEAL,) ` ARKA SAS VALLEY TECHNOLOGIES,
INC.
�.ttesf _ �� (--------------------- - - - - -- B - �,• ; q '��, ::,.,..
President ••
Secretary � :: ��,.• � •
------- ----- ----------- --- -- •-- -----I --------- - - - - --
-------------------- ---- -- -- -- ---- -- -------- -- ---- -
STATE OF MOWK
County of Travis
The foregoing instrument was acknowledged before me this 1st day of NOV ,4r ;4
19 89 ,by' Harish K. Malkani as President and Cindy Henn
ing
Secretary of Arkansas Valley Technologies, Inc., a Texas,
Corporation
My commission expires ' 19 . Witness my hand and official seal.
i i , n .. State CINDY TOOMS -NuiiG
- - - -- -
NOTARY PUBLIC
State of Telas
y,.n gg r��qqpp������ pp���gg����,�pp6� or names; if by person acting in representative or official capacity or as
attorney -in -fa Hitt name '6Tpers Zl attorney -in -Pact or other capacity or description; if by officer of oor-
porationn,, then insert name of such officer or officers, as the president or other officers of such corporation, naming it.— Statutory
A71a; �ledyment; Session 1927.
ssors
s
No. 16 SPECIAL WARRANTY DMM,-a:adford Publishing Co., 182" Stoat Sftvs% Doavm: Colorado -10-74