HomeMy WebLinkAbout7278RESOLUTION NO. 7278
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO
DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT
CORPORATION RELATING TO THE TRANSFER OF LAND AT
PUEBLO MEMORIAL AIRPORT AND THE CONSTRUCTION OF A
SHELL BUILDING, AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE THE AGREEMENT AND THE
WARRANTY DEED THEREIN DESCRIBED AND ATTACHED
THERETO, AND AUTHORIZING THE TRANSFER OF FUNDS
FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT
FUND FOR THE PURPOSE OF CONSTRUCTING THE SHELL
BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council does hereby find and determine:
(a) There now exists in the City of Pueblo and has existed
for a number of years unemployment constituting an economic and
social liability impairing and arresting the sound growth,
economic development and stability of the City.
(b) The prevention and elimination of unemployment and the
social and economic hardships associated therewith are proper
public purposes and matters of local and municipal concern which
justify the expenditure of public funds.
(c) The City is the owner by conveyance from the United
States Government of land known as the Pueblo Memorial Airport and
it would be in the best interests of the City and in the public
interests if portions of the Airport land not required for
aviation or airport use be transferred and be reused and developed
for manufacturing and industrial purposes.
(d) Pueblo Development Foundation has submitted a proposal
to construct on land at Pueblo Memorial Airport a 25,000 square
foot shell building for subsequent use by companies locating at
Pueblo Memorial Airport (herein "Building ").
(e) The construction of the Building will stimulate and
promote industrial activity at Pueblo Memorial Airport thereby
creating employment opportunities for the citizens of the City,
greater use of airport facilities and increased aeronautical
activities.
(f) The execution and performance of the Agreement between
Pueblo and Pueblo Development Foundation are in the best interests
of Pueblo and its citizens and will promote the public health,
safety, commerce, prosperity and general welfare of Pueblo and its
citizens.
SECTION 2
The Agreement between Pueblo, a Municipal Corporation and
Pueblo Development Foundation, a Colorado nonprofit corporation,
dated December 27, 1993, a copy of which is attached hereto and
incorporated herein, having been approved as to form by the City
Attorney, and the transfer of land described therein, are hereby
approved.
SECTION 3
The President of the City Council is authorized to execute
and deliver in the name of the City the Agreement and the Warranty
Deed attached to the Agreement as Exhibit "A" and the City Clerk
is directed to affix the seal of the City thereto and attest same.
-2-
SECTION 4.
An amount not to exceed $365,000 is hereby authorized to be
transferred from the Projects To Be Determined Account of Sales
and Use Tax Capital Improvement Fund to the Pueblo Development
Foundation Account for the specific purpose of constructing the
Building.
INTRODUCED: December 27, 1993
ATTEST:
C ty Clerk
t
SAMUEL CORSENTINO
Councilman
APPROVED:
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Pres' dent of the City Council
TJ 57.32 -3-
AGREEMENT
THIS AGREEMENT entered into as of the 27th day of December,
1993 between Pueblo, a Municipal Corporation (the "City ") and
Pueblo Development Foundation, a Colorado nonprofit corporation
(the "Foundation "), WITNESSETH:
In consideration of the mutual promises herein contained,
City and Foundation agree as follows:
1. City will, subject to prior approval of the Federal
Aviation Administration, transfer to Foundation the parcel of land
at Pueblo Memorial Airport by deed in substantially the form
attached hereto as Exhibit "A ". Foundation will construct a
25,000 square foot shell building on the parcel of land (the
"Building "). Foundation will make the Building and land available
by purchase or lease to a company who will locate and conduct
manufacturing or industrial businesses on the land and Building.
No transfer or lease of the land or Building thereon shall be made
by Foundation without the prior consent of the City Council of the
City given by Resolution duly adopted. Any transfer or lease
without such consent shall be void.
2. City will make available and advance to Foundation as
needed, an amount not to exceed $365,000 from the City's Sales and
Use Tax Capital Improvement Fund to be used solely for the
construction of the Building. No funds shall be advanced to
Foundation except pursuant to approved and verified requests for
payment under construction contracts which have been awarded to
the lowest and best bidder after competitive bidding on the basis
of plans and specifications prepared by a Colorado licensed
architect and approved by the City. The Building will be
constructed in compliance with all applicable codes, laws and
regulations.
3. Foundation will reimburse City out of the proceeds
received by Foundation from the sale or lease of the land and
Building or insurance thereon, all funds made available and
advanced to Foundation by City under this Agreement together with
all amounts received by Foundation which includes or represents
the value of the land and interest in the computation of rents or
purchase price. If the purchase price is to be paid in install-
ments or if the land and Building are leased, Foundation's
obligation to reimburse City shall be evidenced by Foundation's
promissory note in an amount equal to the funds advanced plus land
values and interest in the same amount and at the same rate the
purchaser or lessee will pay, secured by a first deed of trust on
the land and Building.
4. The deed (Exhibit "A ") for the parcel of land will be
executed and delivered to Foundation contemporaneously with the
execution and delivery of a lease or deed by Foundation to an
approved lessee or purchaser thereof. If Foundation does not sell
or lease the land and Building to an approved purchaser within
thirty -six months from date hereof, the Building will become the
property of the City and Foundation will convey title to the
Building to City free of all liens and encumbrances.
5. Foundation acknowledges that it has read and understands
the covenants, conditions and restrictions contained in the deed
(Exhibit "A ") and agrees that Foundation will be bound thereby the
same as if such covenants, conditions and restrictions were set
forth in this Agreement in full. Foundation will not construct
the Building within the set -backs established by City nor at a
height greater than that determined by the City and such set -backs
and height limitations shall be given to Foundation in writing by
City prior to commencement of the construction of the Building on
the parcel of land.
6. Foundation shall insure the Building at its full
insurable value and City shall be named as an additional insured
on all such insurances.
7. This Agreement shall not be assigned by Foundation and
shall be binding upon and inure to the benefit of City and
Foundation and their respective successors.
Executed the day and year first above written.
[SEAL] PUEBLO, A MUNICIPAL CORPORATION
ATTEST: - • By �J
City Clerk v President of the City Council
[SEAL]
PUEBLO DEVELOPMENT FOUNDATION
ATTEST By
Secretary President
TJ 57.33 -2-
WARRANTY DEED
THIS DEED, made this day of , 19_ by and
between Pueblo, a Municipal Corporation (herein "City ") and Pueblo
Development Foundation, a Colorado non - profit corporation, (herein
"Company "), WITNESSETH:
That City for and in consideration of the sum of $10.00 and
other good and valuable consideration to 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 existing sanitary and storm sewer, water
and natural gas lines and those ascertainable by a visual inspec-
tion of the Property located on or 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 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
the passage of aircraft in the airspace above the surface of the
Property, together with the right to cause in the airspace above
EXHIBIT "A"
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 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.
4. The Property and its use are further subject to the
following Restrictive Covenants:
(a) The Property may be used only for industrial and
manufacturing facilities and incidential office and warehouse
uses. The Property shall not be used for smelting or plating
operations, or for the storage or processing of putrescible
materials, or for any purpose or business which constitutes a
nuisance, or which exceeds the state air pollution control
standards for the facility. 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.
(b) Outdoor storage shall not be permitted except for
storage of equipment used in the facility. 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 forty (40) feet in height shall be installed or
constructed on the Property.
(d) No structure
installed nearer than _
Property adjacent to _
feet of side or rear
or building shall be constructed or
streets.
feet along the front of the
Street or twenty -five (25)
There must be installed and
Eva
maintained a minimum foot strip of living landscaped
ground along the front of the Property adjacent to Street
and fifteen (15) feet adjacent to abutting streets. Minimum side
yards set -backs shall be twenty -five (25) feet.
(e) Company shall keep and maintain the Property and all
buildings, landscaping and improvements located thereon in a good,
clean, safe and orderly condition free of waste, rubbish, debris
and trash, and enclose and screen from public view all outside
storage and unsightly areas of the Property and those used for
storage.
(f) Company shall comply with notifications and review
requirements of the Federal Aviation Administration prior to the
construction, modification or alteration of any building or
structure on the Property.
(g) Company shall, at its own expense, cause all utilities
and roads used or to be used on the Property to be extended from
adjacent streets, installed on the Property, and kept and main-
tained in good order and condition.
(h) Company shall pay to City a combined service fee for
services and facilities now furnished by City at the Pueblo
Memorial Airport, namely: sewage treatment, public street
maintenance, fire protection, and street lighting based upon
$295.00 per acre per annum payable monthly for each acre of land
conveyed to Company hereunder. City may, from time to time,
reduce or eliminate any or all of the services or facilities
presently being furnished and may modify, increase, or decrease
the annual combined service fee provided (i) such services and fee
shall be non - discriminatory among other tenants and owners of land
• at Pueblo Memorial Airport receiving such services and facilities,
and (ii) such fee shall be reasonable in relation to City's actual
cost and expense of furnishing the services and facilities then
being furnished. City's cost may include the cost of capital
improvements amortized over the useful life of the improvements.
If domestic waste water discharged from the Property is transport-
ed to and treated at City's waste water treatment facilities not
located at Pueblo Memorial Airport, Company and the waste water so
transported and treated will be subject to the same restrictions,
limitations, conditions, fees, and charges as other users of said
facilities and waste water so transported and treated, and the
combined service fee provided for in this paragraph will be
reduced by an amount equal to the component thereof attributable
to sewage treatment.
(i) Company shall provide for storm water drainage which
shall include the construction and installation of storm water
detention facilities on the Property. The detention facility
shall be capable of storing the developed on -site runoff from a
100 -year frequency storm. The maximum release rate from the
detention facility at the ponding depth corresponding to the 10-
year volume shall be .30 cfs /acre and 1.00 cfs /acre for the 100-
-3-
year ponding depth. All calculations and details shall conform
with the City of Pueblo Storm Drainage Criteria Manual. The point
of discharge from the detention facility shall be at a location
approved by the Director of Public Works.
(j) Before commencing the construction, installation or
alteration of any building, structure, parking facility, outdoor
sign, or other permanent improvement, or landscaping on the
Property, Company 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 twenty -five
(25) 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 constructed on the
Property will be architecturally and esthetically compatible with
buildings constructed at the Pueblo Memorial Airport industrial
park since 1985. 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.
(k) Waste water discharged from the Property into City's
sanitary sewer system and Company's use thereof are limited by and
subject to the available treatment capacity of City's waste water
treatment facilities and 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. Company shall only discharge domestic waste water into
City's sanitary sewer system.
(1) City reserves the right to waive all or any part of
these Restrictive Covenants.
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 not affect any of the other of said
covenants, reservations, restrictions or conditions which shall
remain in full force and effect.
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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.
[S E A L]
PUEBLO DEVELOPMENT FOUNDATION
ATTEST:
Secretary
By
President
PUEBLO, A MUNICIPAL CORPORATION
[S E A L]
ATTEST: Pres dent 'of the City Council
City Clerk
COUNTY OF PUEBLO ) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
day of , 19_ by as President
and as Secretary of Pueblo Development
Foundation, a Colorado non - profit corporation.
Witness my hand and official seal.
My commission expires:
[S E A L]
Notary Public
COUNTY OF PUEBLO ) ss.:
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
day of , 19_ by as
President of the City Council and as
City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
[S E A L]
Notary Public
TEJ 57.34 -5-
A parcel of land located within the County of Pueblo, State of
Colorado to-wit:
A parcel of land located within a portion of the W1 / 2 of the SWl /4
of Section 30, Township 20 South, Range 63 West of the Sixth
Principal Meridian, being more particularly described as follows:
BEGINNING at a point on the apparent southerly right -of -way line
of Excellence Avenue from which the W1 /4 corner of said Section 30
bears N 56 -13 -45 W (bearings based on the west line of the said
SW1 /4 of Section 30 to bear N 00 -05 -41 W), a distance of 793.92 feet;
thence N 88 -27 -57 E, along said apparent southerly right -of -way line
a distance of 389.21 feet to a point on the apparent westerly
right -of -way line of Reyes Street; thence S 01 -31 -52 E, along said
apparent westerly right -of -way line a distance of 419.81 feet; thence
S 88 -25 -20 W, a distance of 109.00 feet; thence S 01 -31 -52 E, a
distance of 102.00 feet; thence S 88 -25 -20 W, a distance of 280.27
feet to a point on the apparent easterly right -of -way line of
Keeler Parkway; thence N 01 -31 -26 W, along said apparent easterly
right -of -way line a distance of 522.10 feet to the POINT OF
BEGINNING.
Said parcel contains 4.41 acres, more or less.
EXHIBIT "A"