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-