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HomeMy WebLinkAbout7223RESOLUTION N0. 7223 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME Be it resolved by the City Council of Pueblo, that: SECTION 1 An Agreement dated September 13, 1993, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between the United States of America and the City of Pueblo, a Municipal Corporation, to establish a Special Airport Improvement Trust Fund in the amount of $75,000 being the appraised value and the proceeds of the sale of 7.66 acres of land located at Pueblo Memorial Airport and sold to the Pueblo Development Foundation for leasing to Eaton Corporation. SECTION 2 Within five years of the date of the Agreement, this sum will be expended for approved Airport Development. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program (AIP). SECTION 3 The President of the Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED September 13, 1 993 ATTEST: BY SAMUEL CORSENTINO Councilperson APPROVED: Pr esi ent of Ci y Council AGREEMENT THIS AGREEMENT made and entered into the 13th day of September 19 , by and between the UNITED STATES OF AMERICA, party of the first part, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA, and the CITY OF PUEBLO, body politic under the laws of the State of Colorado, hereinafter referred to as Owner. WHEREAS, the United States of America on the 20th day of July, 1948, did transfer certain property to the Owner by Quitclaim Deed, which property is located and described on the attached Exhibit " A " and, WHEREAS, the United States of America did issue 29 separate Grant Offers and such offers were accepted by the Owner; and, WHEREAS, said Quitclaim Deed and the Several Grant Agreements contained reservations, restrictions, and conditions, and WHEREAS Owner has requested the FAA to execute a Deed of Release whereby it would release the said described property from all the reservations, restrictions, and conditions as set forth in the said Quitclaim Deed and Grant Agreement Assurances; and, WHEREAS, the Owner intends to dispose of said land free and clear of the reservations, restrictions, and conditions and receive other valuable consideration therefor; NOW THEREFORE, for and in consideration of the FAA's releasing of said described land from said reservations, restrictions, and conditions, the Owner hereby agrees as follows: 1. To expend a sum of $75,000 within five (5) years after the date of execution of this agreement for Airport Development. It is understood and agreed that this amount will not be eligible as Owner Matching Funds for development under the Airport Improvement Program (AIP) or successor programs. Projects to be accomplished during the five (5) years are those projects described in the 1994 -1999 Airport Capital Program (ACP). 2. To maintain accurate records of expenditures of the $75,000 sum, which will be in accordance with accepted business practices and open for inspection by FAA at any time for three years after the date of completion of the item. 3. To incorporate in any deed of transfer of such land any reservation or restriction which is reserved or retained in the Deed of Release to protect the rights and interests of the public in the airport and to preserve its use as a safe and useable airfield. a IN WITNESS WH REOF, the parties hereto have executed this Agreement on the .13 day of SP- WpgBeu , 19 . CITY OF PUEBLO, COLORADO ATTEST: (SEAL) City 'Clerk City Atty THE UNITED STATES OF AMERICA By Manager, Airport District Office Federal Aviation Administration Department of Transportation ? -J� U.S. Department of Transportation Federal Aviation Administration AUG 301993 Mr. James P. Elwood Director of Aviation Pueblo Memorial Airport 31201 Bryan Dircle Pueblo, Colorado 81001 DENVER AIRPORTS DISTRICT OFFICE 5440 Roslyn Street r1jite 300 �✓ �., " ^lnrado 80216 -6026 C— Dear Mr. Elwood: We have reviewed the request for release of 7.66 acres of land in the Industrial Park section of Pueblo Memorial Airport for sale to Pueblo Development Foundation for lease to Eaton Corporation, and we feel we can recommend the release as soon as a binding agreement is executed committing the City of Pueblo to expend the appraised value of the parcel, $75,000, on certain airport improvements. Three copies of an agreement form, ready for signature and similar to the agreements made on previous land release requests, are enclosed. After all copies have been signed by the City, please return them to this office for signature. An executed copy will be returned to you for your files. We also need a copy of an executed agreement between Pueblo Development Foundation and the City and an updated schedule showing anticipated expenditures of all outstanding commitments by the City on airport improvements due to land releases. Upon receipt of these documents, we will prepare a Deed of Release for review and signature in the Seattle Regional Office, after which the Deed will be sent to the City for acceptance. Sincerely, r i Shirley Galloway Program Officer Enclosures S EP 1 993