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HomeMy WebLinkAbout6700RESOLUTION NO. 6700 A RESOLUTION APPROVING AN ADDENDUM TO THE JANUARY 8, 1990 AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO DEVELOPMENT FOUNDATION RELATING TO THE COMPLETION OF THE INTERIOR OF A BUILDING LOCATED AT PUEBLO MEMORIAL AIRPORT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE ADDENDUM, AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT FUND FOR SUCH PURPOSE WHEREAS, Pueblo, a Municipal Corporation and Pueblo Development Foundation did enter into an Agreement dated January 8, 1990 for the construction of two shell buildings at Pueblo Memorial Airport, and WHEREAS, it would be in the best interest of the City and will aid and assist in economic development and job creation if the interior of one of the shell buildings were completed, and WHEREAS, Pueblo Development Foundation has caused the interior of one of the shell buildings to be completed for a possible tenant or purchaser, and WHEREAS, the completion of one shell building and the execution of the attached Addendum will promote the public health, safety, commerce, prosperity and general welfare of Pueblo and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECT ION 1. The Addendum between Pueblo, a municipal corporation and Pueblo Development Foundation dated March 25, 1991 relating to the completion of the interior of a shell building at Pueblo Memorial Airport, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and the President of the City Council is authorized to execute and deliver the Addendum in the name of the City. CR(' T'r() r\T 7 The sum of $332,000 is hereby authorized to be transferred from the projects to be determined account No. 34- 1991 -1 1 3906 of the Sales and Use Tax Capital Improvement Fund for the purpose of paying for the completion of the interior of such shell building. SECTION 3. This Resolution shall become effective upon final passage. INTRODUCED: March 25, 1991 ATTEST: Ci y lerk By H WHITL Councilperson APPROV D: 7 President of t e City ouncil TJ 50.40 -2- ADDENDUM THIS ADDENDUM entered into this 25th day of March, 1991 between Pueblo, a Municipal Corporation (the "City ") and Pueblo Development Foundation, a Colorado nonprofit corporation (the "Foundation "), WITNESSETH: WHEREAS, City and Foundation entered into an Agreement dated January 8, 1990 relating to the construction of two shell buildings at Pueblo Memorial Airport (the "Agreement "), and WHEREAS, Foundation and City desire that the interior of one of the shell buildings be completed, and WHEREAS, Foundation through competitive bidding has completed the interior of one of the shell buildings, and WHEREAS, City is willing to advance the funds for the purpose of paying the cost of completing the interior of the shell building. NOW, THEREFORE, in consideration of the foregoing and mutual promises, City and Foundation agree as follows: 1. Paragraph 2 of the Agreement is hereby amended by the addition of the following to be inserted after the first sentence in said paragraph 2: City will make available and advance to Foundation an amount not to exceed Three Hundred Thirty -Two Thousand and No /100 Dollars ($332,000.00) from the City's Sales and Use Tax Capital Improvement Fund to be used solely for the completion of the interior of the 25,000 square foot shell building. Notwithstanding the foregoing, the total amount to be advanced by City to Foundation under this Agreement shall not exceed in the aggregate the sum of One Million One Hundred Sixty -Two Thousand and No /100 Dollars ($1,162,000.00). 2. The interior of the shell building will be completed in compliance with all applicable codes, laws and regulations. 3. Funds will be advanced by City and reimbursed to City by Foundation in the same manner and upon the same terms and condi- tions as set forth in the Agreement with respect to the funds used to construct the shell buildings. In addition, Foundation will pay to City as part of its reimbursement obligation, all monies received from Kaiser Aerospace and Electronics Company with respect to the proposed lease of the completed shell building. 4. The Agreement as amended by paragraph 1 hereof_ shall remain in full force and effect. Executed the day and year first above written. [SEAL] PUEBLO, MUNICIPAL CORPORATION ATTEST: I;AZ4A� By ;;L � „� � rt(� - C - f P rLs the C city _j-dent of he incil [SEAL] PUEBLO DEVELOPMENT FOUNDATION ATTE B Secretary President APPROVED AS TO FORM: ZEL City Attorney Z ' TJ 50.41 -2-