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HomeMy WebLinkAbout6407RESOLUTION NO. 6407 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1: AN AGREEMENT DATED JULY 10, 1989 A COPY OF WHICHIS ATTACHED HERETO AND MADE A PART THEREOF BY REFERENCE AFTER HAVING BEEN APPROVED AS TO FORM BY THE CITY ATTORNEY, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO ESTABLISH A SPECIAL AIRPORT IMPROVEMENT TRUST FUND IN THE AMOUNT OF $37,000.00 BEING THE APPRAISED VALUE AND THE PROCEEDS OF THE SALE OF 4.94 ACRES OF LAND LOCATED AT PUEBLO MEMORIAL AIRPORT AND SOLD TO ARKANSAS VALLEY TECHNOLOGIES, INC, A TEXAS CORPORATION. SECTION 2: WITHIN FIVE YEARS OF THE DATE OF THE AGREEMENT, THIS SUM WILL BE EXPENDED FOR APPROVED AIRPORT DEVELOPMENT. IT IS UNDER- STOOD AND AGREED THAT THIS AMOUNT WILL NOT BE ELIGIBLE AS OWNER MATCHING FUNDS FOR DEVELOPMENT UNDER THE AIRPORT IMPROVEMENT PROGRAM (AIP). SECTION 3: THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF PUEBLO, A MUNICIPAL CORPORATION, AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME. INTRODUCED JULY 10, 1989 BY MIKE OCCHIATO COUNCILMAN APPROVED: ATTEST: ` �L PRESIDENT OF THE CITY COUNCIL I CLERK AGREEMENT THIS AGREEMENT made and entered into the 10th day of _,7LTr,y 19 89 , by and between the UNITED STATES OF AMERICA, party of the first part, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA, and the CITY OF PUEBLO, body politic under the laws of the State of Colorado, hereinafter referred to as Owner. WHEREAS, the United States of America on the 20th day of July, 1948, did transfer certain property to the Owner by Quitclaim Deed, which property is located and described on the attached Exhibit "A" and, WHEREAS, the United States of America did issue 26 separate Grant Offers and such offers were accepted by the Owner; and, WHEREAS, said Quitclaim Deed and the Several Grant Agreements contained reservations, restrictions, and conditions, and, WHEREAS Owner has requested the FAA to execute a Deed of Release whereby it would release the said described property from all the reservations, restrictions, and conditions as set forth in the said Quitclaim Deed and Grant Agreement Assurances; and, WHEREAS, the Owner intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefor; NOW, THEREFORE, for and in consideration of the FAA's releasing of said described land from said reservations, restrictions, and conditions, the Owner hereby agrees as follows: 1. To expend a sum of $37,000 within five (5) years after the date of execution of this agreement for Airport Develcpment. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program (AIP) or successor programs. Projects to be accomplished during the five (5) years are those projects described in the 1989 -1994 CIP. 2. To maintain accurate records of expenditures of the $37,000 sum, which will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the item. 3. To incorporate in any deed of transfer of such land any reservation or restriction which is reserved or retained in the Deed of Release to protect the rights and interests of the public in the airport and to preserve its use as a safe and useable airfield. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 10 t hday of — JIJT,y 1 1 g (SEAL) WITNESSES K nneth F. Hunter Title President of City Coun ATTEST: CI CLERK CITY ATTOR THE UNITED STATES OF AMERICA By Manager, Airport District Office Federal Aviation Administration. Department of Transportation o City of Pueblo JAMES P. ELWOOD, A.A.E. Director of Aviation 31201 Bryan Circle Pueblo, Colorado 81001 (719) 948 -3355 (719) 948 -3361 MEMORANDUM TO: City Clerk's Office FROM: Connie DeVore, Senior Clerk Typist Pueblo Memorial Airport SUBJECT: Resolution No. 6407 DATE: May 20, 1993 On May 19. 1993, 1 was contacted by the City Clerk's Office regarding a lease agreement which was approved under Resolution No. 6407. The City Clerk's Office was looking for the original of the lease agreement which had been signed by all parties involved. The only copy they had was one which was signed by the President of City Council, the City Clerk, and the City Attorney. In checking the files for Arkansas Valley Technologies, Inc., it was found that the Airport files contained the same documents as the City Clerk's Office. I was unable to find any documentation to show what happened to the agreement (whether it had gone through or had been terminated). Irene Perez of the Airport then contacted Mr. Ray Monroe, retired Director of Aviation, by telephone and asked him if he remembered what had happened to this lease agreement. Mr. Monroe related that the agreement was terminated as Arkansas Valley Technologies was unable to obtain funding. The City Clerk's Office was contacted and this information was relayed to them. I also informed them that a memo would be forthcoming for documentation purposes. I was told that they would contact Mr. Jagger, City Attorney, to see what steps needed to be taken I rescind this resolution. F Co nie J. DeVor l Senior Clerk Typist Pueblo Memori I irport