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HomeMy WebLinkAbout6473RESOLUTION NO. 6473 A RESOLUTION WAIVING COMPLIANCE WITH CERTAIN CONDITIONS PRECEDENT TO THE CITY PROCEEDING WITH THE CONSTRUCTION OF A MUNICIPAL GOLF COURSE, APPROVING THE PROPOSED SITE AS A SUITABLE SITE FOR A MUNICIPAL GOLF COURSE, AND DIRECTING THE CITY ADMINISTRATION TO PROCEED WITH THE CONSTRUCTION AND EQUIPPING OF THE MUNICIPAL GOLF COURSE WHEREAS, the City and the USC entered into a Cooperation Agreement dated November 28, 1988 whereby City's obligation and right to proceed with the construction of a municipal golf course were made subject to the occurrance of certain conditions therein stated which conditions have not occurred, and WHEREAS, as of January 1, 1989 City entered into and /or approved a Golf Course Lease Purchase And Sublease Agreement, Ground Lease, Indenture, Certificates of Participation and related documents (the "Bond Documents ") concerning the financing, construction and equipping of a municipal golf course including clubhouse, pro shop facilities, parking lot, practice range and greens, and maintenance facilities (the "Golf Course "), and WHEREAS, the City has generally accepted the proposed site as a suitable site for a municipal golf course, and WHEREAS, the University of Southern Colorado (the "USC ") has not yet entered into and executed an agreement for the development of its other lands with a developer approved by the City, and WHEREAS, the City has advertised for bids for the construc- tion of a portion of the Golf Course; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 Compliance with the following conditions precedent to the City's obligation and right to proceed with the construction of the Golf Course: (a) Annexation of the Golf Course site and USC's other lands to the City; (b) City and the developer of USC's other lands entering into an agreement whereby such developer at its expense shall extend and install roads, water, sanitary and storm sewers, drainage facilities and other utilities to the Golf Course in sufficient size and capacity to serve the Golf Course; and (c) The development of the Golf Course site and USC's other lands pursuant to a master development plan which identifies and resolves development, drainage, utili- ties, traffic, and infrastructure needs and require- ments. are hereby waived, provided, however, such waiver shall not constitute or be deemed to constitute a waiver or release of any obligation or duty of USC or the developer of USC's other property under the Bond Documents or the Cooperation Agreement. SFrTTOM 7_ Approximately 180 acres of the 260 acres of land described in the Bond Documents and Cooperation Agreement is hereby approved as a suitable site for a municipal golf course. gFrTTnM 2 The City administration is hereby directed to proceed with constructing and equipping the Golf Course including all buildings and structures therein in accordance with terms and the provisions of the Bond Documents but subject to obtaining all approvals required therefor. INTRODUCED: December 11, 1989 ATTEST: By DOUGLAS L. RING Councilman APPROVED: C y Clerk P e�ident of 'the City Council TJ 40.45 -2-