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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