HomeMy WebLinkAbout6388RESOLUTION NO. 6388
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO
DEVELOPMENT FOUNDATION RELATING TO THE PUR-
CHASE OF A BUILDING, AUTHORIZING THE TRANSFER
OF FUNDS FOR SUCH PURPOSE, AND APPROVING A
TRANSFER OF LAND AT PUEBLO MEMORIAL AIRPORT
WHEREAS, WATS Marketing Of America, Inc. has announced its
intention to locate a telemarketing facility within the City of
Pueblo, and
WHEREAS, such facility will enhance the economic development
of the City and create needed employment opportunities for the
people of Pueblo, and
WHEREAS, Pueblo Development Foundation has committed to
acquire property for the proposed facility and to lease said
property to WATS Marketing Of America, Inc., and
WHEREAS, the location of the telemarketing facility in the
City of Pueblo will require the construction and installation of
telecommunication equipment and tower by AT &T at the Pueblo
Memorial Airport, and
WHEREAS, Pueblo Development Foundation has committed to
construct a building on land at the Pueblo Memorial Airport for
lease to AT &T, and
WHEREAS, the location of a telemarketing facility within the
City of Pueblo and the location of the telecommunication equipment
and towers at the Pueblo Memorial Airport would be in the best
interests of the City and its citizens; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement dated June 6, 1989 between Pueblo, a Municipal
Corporation and Pueblo Development Foundation relating to the
purchase of property for a telemarketing facility and the transfer
of land at Pueblo Memorial Airport for telecommunication purposes,
a copy of which is attached hereto and incorporated herein, having
been approved as to form by the City Attorney, is hereby approved.
The President of the City Council is hereby authorized and
directed to execute and deliver the Agreement and the deed
attached thereto as Exhibit "A" in the name of and on behalf of
the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 2
The amount of $550,000 is hereby authorized to be transferred
to Pueblo Development Foundation from the Capital Improvement Fund
for the sole and only purpose of acquiring the property required
for the telemarketing facility and described in the said Agreement
dated June 6, 1989.
INTRODUCED: June 6, 1989
By DOUGLAS L. RING
Councilman
ATTEST: APPROVED:
Ci y Clerk President of he City Council
TJ 36.20 -2-
RECORDED `�
N O 893691 . � .NIL 1 $ 199 - --
PUEBLO COUNTY, COLORADO
000k24 z.3 Fwr 687
WARRANTY DEED
THIS DEED, made as of the 6th day of June, 1989 by and
between the CITY OF PUEBLO, a Municipal Corporation, existing
under the laws of the State of Colorado (herein "City ") and PUEBLO
DEVELOPMENT FOUNDATION, a Colorado Nonprofit 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 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
the passage of aircraft in the airspace above the surface of the
Rook2453 PvF688
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 unless specific
written approval is obtained from the City and the Federal
Aviation to exceed such height restriction.
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 telecommunication
facilities and incidental 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 or gravelled.
(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 without the prior written approval
of the City and the Federal Aviation Administration.
-2-
goox 24 53 PArF 689
(d) No structure or building shall be constructed or
installed within the following minimum yard set - backs: front yard
(United Avenue) , sixty -five (65) feet; 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: United Avenue,
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 there-
for. 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. 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
=10
annexation.
6. 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.
7. 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
ar,iisT- nq- of their enforcement.
C .
CITY OF PUEBLO,
[S E A L] A MUNICIPAL CORPORATION
".ATTEST•
,t
a Pre ident of the City Council
C My C1br .�
Segreta^ry
COUNTY. -OF ,J'UEBLO )
ss.
STATE COLORADO )
PUEBLO DEVELOPMENT FOUNDATION
By
President
t
The fg.Fegoing instrument was acknowledged before me this
day of 1989 by Kenneth F. Hunter as President of
the City Council of Pueblo, Colorado and Marian D. Mead as City
Clerk of the City of Pueblo, Colorado.
Wikkigss my hand and official seal.
--my commvission expires: `;'- •7- ,?r�i>
a' Notary Public
-4-
9 00M 24 t53 mr; 451
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
_1 2th day of June , 1989 by Joseph A. Fortino as
President and Charles L. Thomson as Secretary of Pueblo
Development Foundation, a Colorado Nonprofit Corporation.
Witness my hand and official seal.
My commission expires:
S E A
7
5/2/91 .
Notary Public
#1 City Hall Pl. v
Pueblo, CO 81003
TEJ 36.18 -5-
PArF692
EXHIBIT "A" TO WARRANTY DEED
DATED JUNE 6, 1989 BETWEEN PUEBLO,
A MUNICIPAL CORPORATION AND THE
PUEBLO DEVELOPMENT FOUNDATION
A Parcel 1)1, "3nd 1, within the Count., 1' : -'tjte
j 1"o ftJ vi
A car--el of land being i portion of the 'ij of tF�e SF- of 'Secti,)n - ; , 'wnshi j 20
) 4
'Test of the Sixth Principal Meridian, said parcel bein,-j :more part i1cular•1
jescrit'ed as follows.
3egi nrl - , , ? i g at a point on the southerl f o -ha;. l i n e -;f '-'ni ri--d n
^e 'iorthwEst corner of Section 1 9, Township '0 'outh, � e 63 'We t b ears
' a ' used -, erein are !rased on t iorth line a i d `eLti-)n ?'l
J 5 6" r) a 1 i :,tance o f 3�' �t'8 feet Thence S U )' J'' ` )%"
'S "6"1'3 a d i s t anck� f .,29.`t8 T�rt:nce 3 6
lv'
4 N 81 5& 8" W a d i s t i nce f - i ot '4 '1,
ff�
i t 1 .5 `4 fee*, Thence 4 60'36 ' fJ1 iY , a di stance' o f e e t i ��o i !it
Su u i: h v r I i l: Flt- of-'way eine G f United Avenue - �� , efice ?i 4, 4
o f - loi a v li a distance of 1 6.16 feet , To C�--rt i iiui : " j g S'l g "i t'
lj� ted Avenue jl,Dn,7 the arc of a curve to ri jht whose radius is 4759.
a cenrral angle Of of 22 A feet + C ,,f
64
C ?'.
and 1 1 , - I . IeP- ,Cp
16128
G F
Y
S
EXHIBIT "A" TO WARRANTY DEED
DATED JUNt 6, 1989 BETWEEN PUEBLO,
A MUNICIPAL CORPORATION AND THE
PUEBLO DEVELOPMENT FOUNDATION
_
A parcel of land located within the County of Pueblo, State of Colorado to wit:
A parcel of land being a portion of the N} of the SE} of Section 30, T ownship 20 South,
Range 63 West of the Sixth Principal Meridian, said parcel being ,nore particularly
described as follows.
Beginning at a point on the southerly right -of -way line of United Avenue from which
the Northwest corner of Section 29, Township 20 South, Range 63 West bears N 09 E
,all ""earings used herein are based on the North line of said Section 29 to bear
N 89 ° 59'26" E) a distance of 3529.88 feet; Thence S 50 °50'57" E, a distance of 79.95 feet;
thence S 36 °31'33" E, a distance of 329.58 feet; Thence S 36 °05'03" W. a distance of 54.02
feet; Thence N 81 ° 58'18" W, a distance of 103.04 feet; Thence N 77 °41'20" W, a distance
of 154.74 feet; Thence N 60 °36'01" W. a distance of 211.42 feet to •3 point on said
Southerly right -of -way line of United Avenue; Thence N 43 °24'59" E along said right -
of -way line, a distance of 18.10 feet; Thence continuing along said right -of -way link
of United Avenue along the arc of a curve to the rifht whose radius is 4759.60 feet,
a central angle of 02 41'47 ", a distance of 223.99 feet to the Point of Beginning.
Said parcel contains 1.64 acres more or less.
This is to certify that we
parcel of land. This plat
and belief.
have made a survey and description of the above described
accirately represents t�,, vey to the best of m know ?elg
y SEE Mq�
A o �.� •�tiSTe,�� ,,c�y�
` � O �
* 16128
gr FGE EO VQ
TE
AGREEMENT
THIS AGREEMENT entered into as of the 6th day of June, 1989
between Pueblo, a Municipal Corporation (the "City ") and Pueblo
Development Foundation, a Colorado nonprofit corporation (the
"Foundation "), WITNESSETH:
IN CONSIDERATION of the mutual promises herein set forth,
City and Foundation agree as follows:
1. Foundation will purchase the property known as 1228 E.
Orman Avenue, Pueblo, Colorado (the "Property ") for a purchase
price of $550,000 and will lease the property for telemarketing
purposes to WATS Marketing Of America, Inc. (the "WATS ") upon such
terms and provisions as Foundation and WATS shall mutually agree,
provided that the terms and provisions of such lease shall be
first approved by the President of the City Council and City
Attorney.
2. City will make available and advance to Foundation the
sum of $550,000 to be used solely for the purchase of the
Property. Foundation shall reimburse City out of the proceeds
received by Foundation from the sale or lease of the Property or
insurance thereon, all funds made available and advanced to
Foundation by City hereunder together with all amounts received by
Foundation which includes or represents interest in the computa-
tion of rent or purchase price. Foundation's obligation to
reimburse the City shall be evidenced by Foundation's promissory
note secured by a first deed of trust on the Property.
3. Foundation shall insure, protect and maintain or cause
to be insured, protected and maintained the Property and all
improvements thereon.
4. City will transfer to Foundation approximately one acre
of land at Pueblo Memorial Airport by deed in substantially the
form attached hereto as Exhibit "A ". Foundation will construct a
building (30' x 32') on the land and lease same to AT &T for
telecommunication purposes upon such terms and provisions as
Foundation and AT &T shall mutually agree, provided that the terms
and provisions of such lease shall first be approved by the
President of the City Council and City Attorney. Foundation will
pay to City all amounts received by Foundation which include or
represent the value of the land in the computations of rent or
purchase price.
5. If Foundation does not lease the Property to WATS or the
land to AT &T within 180 days from date hereof, Foundation will
reconvey the Property or the land, or both, whichever the case may
be, to the City free of all liens and encumbrances placed thereon
by the acts or defaults of Foundation.
6. This Agreement may not be assigned by Foundation and
shall be binding upon and inure to the benefit of City and
Foundation and their respective successors.
Executed the day and year first above written.
[S E A LJ PUEBLO, A MUNICIPAL CORPORATION
ATTEST:
(i ) erk President of the City Council
[S E A L] PUEBLO DEVELOPMENT FOUNDATION
ATTES �%Zth ^ _ BY
Secretary President
TJ 36.21 -2-
WARRANTY DEED
THIS DEED, made as of the 6th day of June, 1989 by and
between the CITY OF PUEBLO, a Municipal Corporation, existing
under the laws of the State of Colorado (herein "City ") and PUEBLO
DEVELOPMENT FOUNDATION, a Colorado Nonprofit 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 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
the passage of aircraft in the airspace above the surface of the
EXHIBIT "A"
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 unless specific
written approval is obtained from the City and the Federal
Aviation to exceed such height restriction.
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 telecommunication
facilities and incidental 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 or gravelled.
(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 without the prior written approval
of the City and the Federal Aviation Administration.
-2-
(d) No structure or building shall be constructed or
installed within the following minimum yard set - backs: front yard
(United Avenue), sixty -five (65) feet; 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: United Avenue,
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 there-
for. 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. 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
-3-
annexation.
6. 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.
7. 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.
CITY OF PUEBLO,
[S E A L] A MUNICIPAL CORPORATION
ATTEST:
�? President of the City Council
Cit (C erk
PUEBLO DEVELOPMENT FOUNDATION
[S E A L]
ATTEST: By
President
Secretary
COUNTY OF PUEBLO
STATE OF COLORADO
The foregoin
day of
the City Council
Clerk of the City
1 ss.
3 instrument was acknowledged before me this
, 1989 by Kenneth F. Hunter as President of
of Pueblo, Colorado and Marian D. Mead as City
of Pueblo, Colorado.
Witness my hand and official seal.
My commission expires:
[S E A L]
Notary Public
-4-
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
day of 1989 by as
President and as Secretary of Pueblo
Development Foundation, a Colorado Nonprofit Corporation.
Witness my hand and official seal.
My commission expires:
[S E A L)
Notary Public
TEJ 36.18 -5-