HomeMy WebLinkAbout6931RESOLUTION NO. 6931
A RESOLUTION AUTHORIZING THE TRANSFER OF LAND
AT PUEBLO MEMORIAL AIRPORT TO ATLAS PACIFIC
ENGINEERING COMPANY, APPROVING A DEED AND
AGREEMENT RELATING THERETO AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME,
AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE
1992 SALES AND USE TAX CAPITAL IMPROVEMENT
PROJECT FUND TO ATLAS PACIFIC ENGINEERING
COMPANY TO SUBSIDIZE A PORTION OF THE INTEREST
TO BE PAID ON THE CONSTRUCTION LOAN FOR THE
ATLAS PACIFIC ENGINEERING COMPANY PROJECT AND
THE REMOVAL OF UNDERGROUND STORM SEWER MAINS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Warranty Deed and the Agreement dated April 27, 1992
between Pueblo, a Municipal Corporation and Atlas Pacific
Engineering Company relating to the conveyance of 8.23 acres of
land at Pueblo Memorial Airport and the subsidizing of a portion
of the interest on a construction loan, copies of which are
attached hereto and incorporated herein, having been approved as
to form by the City Attorney, are hereby approved. The President
of the City Council is authorized to execute the Warranty Deed and
the Agreement in the name of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
SECTION 2.
Atlas Pacific Engineering Company has committed to construct
an approximately $1.2 million 34,000 square foot manufacturing
facility on the land described in the Warranty Deed and to employ
an additional 60 persons at the facility within three years after
April 27, 1992. The City Council does hereby find and determine
that the proposed project meets and complies with the criteria and
standards contained in Section 3 of Ordinance No. 5742 and
approves and authorizes the transfer from the 1992 Sales And Use
Tax Capital Improvement Project Fund to Atlas Pacific Engineering
Company or its assigns an amount not to exceed $176,000 for the
following purposes:
(a) $156,000 to buy -down or subsidize a portion (not to
exceed 2 %) of the annual rate of interest on a $1.2 million
construction loan for the facility.
(b) $20,000 to remove the underground storm sewer mains
located on the land.
As a condition precedent to the transfer of funds to Atlas Pacific
Engineering Company, Atlas Pacific Engineering Company shall cause
the construction contract for the facility to be awarded by com-
petitive bidding in accordance with the provisions of Section 3(h)
of Ordinance No. 5742.
SECTION 3.
The City does hereby vacate the private roads, streets and
utility easements located upon the land described in the Warranty
Deed, except the gas line public utility easement located within
the southerly 15 feet of the land.
ATTEST:
C y erk
INTRODUCED: April 27, 1992
By SAMUEL CORSENTINO
Councilperson
APPROVED:
Presi / >Zent of the City Council
r
TJ 60.5 -2-
WARRANTY DEED
THIS DEED, made this 27th day of April, 1992 by and between
the City of Pueblo, a Municipal Corporation, existing under the
laws of the State of Colorado (herein "City ") and Atlas Pacific
Engineering Company, a Delaware Corporation (herein "Company "),
W I T N E S S E T H:
That the City for and in consideration of the sum of $10.00
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 the existing sanitary
sewer, water and natural gas lines 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
I
the passage of aircraft in the airspace above the surface of the
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 4685 feet above the mean sea level.
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. In
the event this covenant is breached, City reserves the right to
enter upon the Property and at the expense of the Company to
remove the offending structure or object and to cut the offending
growth.
4. The Property and its use are further subject to the
following Restrictive Covenants:
(a) The Property may be used only for offices and manufac-
turing facilities. The Property shall not be used for
smelting operations, or for the storage or processing of
putrescible materials, other than fruits and vegetables
used in the manufacturing and testing of equipment, or
for any purpose or business which is considered danger-
ous or unsafe, or which constitutes a nuisance, or which
exceeds the state air pollution control standards for
the plant. 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.
-2-
(b) Parking areas for vehicles and roads on the Property
shall be paved.
(c) The Property shall not be subdivided and no building or
structure over 60 feet in height shall be installed or
constructed on the Property.
(d) No structure or building shall be constructed or
installed nearer than 75 feet of the right -of -way line
of Keeler Parkway or 25 feet of side or rear streets.
There must be installed and maintained a minimum 25 -foot
strip of living landscaped ground adjacent to Keeler
Parkway and adjacent to other abutting streets. Minimum
side yards set -backs shall be 25 feet. Access from
Keller Boulevard to the Property is only permitted at
the location of vacated Dana Street.
(e) The Property owner shall at all times keep and maintain
the Property and all buildings, landscaping and improve-
ments located thereon in a good, clean, safe and orderly
condition free of waste, rubbish, debris and trash and
screen from public view all outside storage and unsight-
ly areas of the Property.
(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 Property owner shall
submit to and have approved by the City in writing the
site plans and plans and specifications therefor.
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 five (5) 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 City's sewer user, industrial
cost recovery, high strength surcharge, and pretreatment
ordinances, rules and regulations applicable to City's
sanitary sewer system at Pueblo Memorial Airport, now in
effect or hereafter adopted or amended.
(h) City reserves the right to waive all or any part of
these Restrictive Covenants.
-3-
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
annexation.
6. Invalidation of any one of the foregoing covenants,
conditions, restrictions or reservations by judgment or court
order or otherwise shall in no wise 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,
A MUNICIPAL CORPORATION
[S E A L]
ATTEST:
Presid nt of the City Council
Ci y ter
[S E A L]
,
Se f retar
COUNTY OF
PUEBLO
)
ss.
STATE OF
COLORADO
)
ATLAS PACIFIC ENGINEERING COMPANY
President
The foregoing instrument was acknowledged before me this
—`Fry- day of A-4 1992 by Fayd.Kastelic as
President of the City 'Council of 1 Pueblo, Colorado and Marian D.
Mead as City Clerk of the City of Pueblo, Colorado.
-4-
M-t ss my hand and official
co mission expires:
a v 7,Fa b 1
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
12th day of t.1AY , 1992 by ROBERT A. M KS— as
President and FANCY L. COLLIER as Secretary of Atlas Pacific
Engineering Company, a Delaware Corporation.
Witness my hand and official seal.
My commission expires: 3/01/94
[S E A L] a ll ,
Notary Public ...
TJ 60.3 -5-
A parcel of land located within the County of Pueblo. State of Colorado,
to -wit:
A pdree'l of land being a portion of the NW; of the SWi of Section 30,
Township 20 South, Range 63 West and a 1urtion of the NCJ of the SE; of
Section 25, Township 20 South, Range 64 West of the Sixth Principol
14�!ridi,:n, being more particularly described as follows;
Beginning at a point on the westerly right -of -way line of Keeler Parkway.
from which the NW currier of said Section 30 bears N 07° 27' 12" W
(Bearings based on the north line.of said Section 30 to bear
11 B9 59' 27" E. with all bearings contained herein being relative
thereto), a distance of 2713.62 feet; thence S O1° 31' 26" E, along the
said westerly right -of -way line, a distance of 400.27 feet; thence
S 88 27' 57" W, a distance of 895.66 feet; thence N 01° 31' 26" W,
a distance of 400.19 feet; thence N 88 27' 39" E. a distance of 895.66
feet to the Point of beginning, said parcel contains 8.23 acres.
EXIiIBIT A
AGREEMENT
THIS AGREEMENT entered into as of April 27, 1992 between
Pueblo, a Municipal Corporation (the "City ") and Atlas Pacific
Engineering Company, a Delaware Corporation (the "Company "),
WITNESSETH:
In consideration of the transfer of approximately 8.23 acres
of land located at Pueblo Memorial Airport and described in the
attached Exhibit "A" (the "Land ") by the City to Company and City
making available funds not to exceed $156,000 for the purpose of
buying -down or subsidizing a portion of the interest on a $1.2
million loan for the construction of an approximately 34,000
square foot manufacturing facility on the Land (the "Facility ")
and the mutual covenants herein contained, Company and City agree
as follows:
1. Company shall commence or cause to be commenced the
construction of the Facility on the Land within six months after
date hereof and will thereafter diligently pursue its completion
and will in a timely and expeditious manner take or cause to be
taken all action necessary and required therefor. If Company does
not commence or cause to be commenced the construction of the
Facility within six months after date hereof, Company shall
reconvey and transfer the Land to the City free of all liens,
claims, encumbrances, taxes, restrictive easements and rights -of-
way placed thereon by the acts or defaults of Company. For
purpose of this Agreement the term "commence construction" means
the pouring of footings and foundation for the Facility on the
land. The Facility will be constructed in compliance with all
applicable laws, regulations, codes and plans therefor approved by
the City.
2. Company will employ approximately sixty (60) additional
persons at the Facility within three years after date hereof.
3. City will make available to Company an amount not to
exceed $176,000 for the following purposes:
(a) $156,000 to buy -down or subsidize a portion (not to
exceed 2 %) of the annual rate of interest on a $1.2 million
construction loan for the Facility.
(b) $20,000 to remove the underground storm sewer mains
located on the Land.
As a condition precedent to the transfer of funds to Company,
Company shall cause the construction contract for the Facility to
be awarded by competitive bidding in accordance with the
provisions of Section 3(h) of Ordinance No. 5742.
4. City will vacate Dana and Bell, the private streets and
utility easements located upon the Land, except the gas line
public utility easement located within the southerly fifteen (15)
feet of the Land. The City shall remove all utility poles located
on the Land. City will remove or relocate or cause to be removed or
relocated utilities located upon the Land (except the gas line
located within the southerly fifteen feet of the Land) if any perma-
nent structure, foundation, or concrete slab six inches or more in
depth is to be located over any such utility or easement. Company
acknowledges and agrees that City has fulfilled its obligation with
respect to the underground storm sewer mains located on the Land by
making funds available for their removal under paragraph 3(b)
hereof, provided that if the funds so made available are inadequate
for such purpose, City agrees to make available additional funds for
such purpose in such amounts as City and Company shall mutually
agree but in no event less than the actual cost of such removal.
City will remove a 55 gallon drum from the Land.
Closing for the transfer of Land shall be in accordance with
paragraph 4(d) of the August 1, 1986 Agreement between the parties.
If any of the conditions precedent to closing are not complied with
prior to closing, Company or City may terminate this Agreement and
each party shall be released from all obligations hereunder or
Company may waive the conditions. Closing of this transaction shall
constitute a waiver of the conditions by the Company.
City will file all required applications and documents for the
FAA Deed of Release and will diligently pursue its issuance.
5. Company represents and warrants that no person, entity or
organization has been employed or retained or will receive or be
paid, directly or indirectly, any commission, percentage, contingent
fee or any other remuneration payment or receipt of which is contin-
gent upon City's approval of Company's application or request for
funds described in paragraph 3(a) hereof, to prepare, solicit or
secure the City's approval to make such funds available to Company.
6. This Agreement shall be governed by the laws of the State
of Colorado and shall be construed in accordance therewith.
7. No provision of this Agreement may be waived except by an
agreement in writing signed by the waiving party. A waiver of any
term of provision shall not be construed as a waiver of any other
term or provision.
8. This Agreement shall be binding on the parties, their
heirs, executors, administrators, successors or assigns. The
parties agree to do any and all things necessary to effectuate the
purposes of this Agreement.
9. Throughout this Agreement, the singular shall include the
plural; the plural shall include the singular; and the masculine and
neuter shall include the feminine, wherever the context so requires.
10. If any provision of this Agreement is declared by any
court of competent jurisdiction to be invalid for any reason, such
invalidity shall not effect the remaining provisions. On the
contrary, such remaining provisions shall be fully severable, and
-2-
this Agreement shall be construed and enforced as if such invalid
provisions shall be fully severable, and this Agreement shall be
construed and enforced as if such invalid provisions had never
been inserted in the Agreement.
11. This Agreement sets forth the entire understanding of
the parties and may be amended, altered or revoked at any time in
whole or in part, only by filing with this Agreement a written
instrument setting forth such changes, signed by the parties
hereto.
12. The Company shall not assign this Agreement or any
interest therein without the prior written consent of City. City
does hereby consent to the assignment of this Agreement or any of
Company's rights hereunder to the Pueblo Development Foundation,
Inc. (the "PDF ") for the purpose of entering into a construction
loan and /or lease for the Facility between PDF and Company.
13. All notices required to be given by this Agreement shall
be made in writing and served either by:
(a) Personal delivery to the party requiring notice; or
(b) Mailing notice via the U.S. Mail to the last known
address of the party requiring notice, by first class mail,
postage prepaid.
Effective date of the notice shall be the date of the
personal delivery as specified in paragraph (a) above or four (4)
days after the date the notice was deposited in the U.S. Mail as
specified in paragraph (b) above.
For purposes of this section, the initial addresses of the
parties hereto shall be as follows:
Atlas Pacific City Manager
Engineering Company City of Pueblo
#1 Atlas Avenue 1 City Hall Place
Pueblo, CO 81001 -4816 Pueblo, CO 81003
14. The covenants, representations and warranties made by
each party herein shall survive the transfer of title and funds
for the benefit of the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement
in Pueblo, Colorado on the day and year first above written.
SEAL
PUEBLO, A MUNICIPAL CORPORATION
[ ]
/ f 1
ATTEST:
CIVy Clerk Presid nt of the ity Council
Approved as to form:
-3-
City Attorney
[ S E A L
ATTEST: , . By
S cretkiry
ATLAS PACIFIC ENGINEERING COMPANY
President
TJ 60.6 -4-
A parcel of land located within the County of Pueblo. State of Colorado,
to - wit .
A parce'i of land being a 'portion of the NW; of the SWI of Section 30,
Township 20 South, Range 63 Wqst and a to rtion of the NEj of the SQ, of
Section 25, Township 20 South, Range 64 West of the Sixth Principal
t1�:ridi,;n, being more parti ;ularly described as follows;
Beginning at a point on the westerly right -of -way line of Keeler Parkway.
from which the NW currier of said Section 30 bears N 07' 21' 12" W
(Uearings based on the north line.of said Section 30 to bear
FI B9" 59' 27" E, with all bearings contained herein being relative
thereto), a distance of 27.13.62 feet; thence S 01' 31' 26" E. along the
said westerly right -of -way line, a distance of 400.27 feet; thence
S 8BO 27' 57" W, a distance of 895.66 feet; thence N 01' 31' 26 W,
a distance of 400.19 feet; thence N 88' 27' 39" E. a distance of 895.66
feet to the Point of Beginning. said parcel contains 8.23 acres.
EXIiIBIT A