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HomeMy WebLinkAbout7597RESOLUTION NO. 7597 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 1992 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECT FUND FOR THE PURPOSE OF CONSTRUCTING THE SHELL BUILDING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between Pueblo, a Municipal Corporation and Pueblo Development Foundation, a Colorado nonprofit corporation, dated April 10, 1995 and Warranty Deed attached thereto, copies of which are 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 2 The President of the City Council is authorized to execute and deliver in the name of the City the Agreement and the attached Warranty Deed and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3 An amount not to exceed $410,000 is hereby authorized to be transferred from the Projects To Be Determined Account of the 1992 Sales and Use Tax Capital Improvement Project Fund to the Pueblo Development Foundation Account for the specific purpose of constructing the Building. SECTION 4 The City Council does hereby find and determine that the Agreement dated April 10, 1995 and the expenditure of funds described therein meets and complies with the criteria and standards established by Ordinance No. 5742 and will create employment opportunities justifying the expenditure of public funds. ATTEST: City tlerk INTRODUCED: APRIL 10 , 1995 By FAY KASTELIC Councilperson APPROVED: President of the City Council J: \CITY\PDF\SHELBLDG\RESOLUTI.WPD _2 r :T aa _ ► V1_ ► 1 THIS AGREEMENT entered into as of the 10th day of April, 1995 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 same form as the Warranty Deed attached hereto. 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 $410,000 from the City's 1992 Sales and Use Tax Capital Improvement Project Fund to be used solely for the construction of the Building. No fiends 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 include or represent the value of the land and interest in the computation of rents or purchase price. If the purchase price is to be paid in installments or if the land and Building are leased, Foundation's promissory note in the 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 attached Warranty Deed 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 (36) 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 attached Warranty Deed 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 in the Warranty Deed nor at a height greater than that set forth in the Warranty Deed. 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] PUEBL , A MUNICIPAL CORPORATION ATTEST: City Clerk President of the City Council (SEAL] PUEBLO DEVELOPMENT FOUNDATION xz } ATTEST B Secretary - President 7: \CrrWDFSHELBLDG\AGREEMNT.WPD -2 WARRANTY DEED THIS DEED, made this - 1 Qt day of APRIL , 199 5 by and between Pueblo, a Municipal Corporation (herein "City ") and Pueblo Development Foundation, a Colorado nonprofit 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 easements, rights of way, restrictions and reservations of record and easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or under 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 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 be inherent in the operation of any aircraft now known or hereafter used for navigation 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 4,684 feet above the mean sea level. 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 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 industrial and manufacturing facilities and incidental office 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 sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than seventy - five (75) feet of the right of way line of United Avenue, or twenty -five (25) feet of the right of way line of any other abutting streets. There must be installed and maintained a minimum thirty -five (35) foot strip of living landscaped ground along and adjacent to United Avenue, and twenty -five (25) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet. Unless a permit is issued by the Director of Public Works specifying and approving access, vehicular access to and from the Property and United Avenue is prohibited. (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, -2- rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly areas of the Property. (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 maintained 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: 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. Waste water discharged from the Property is transported to and treated at City's waste water treatment facilities, Company and the waste water so transported and treated are subject to the same restrictions, limitations, conditions, fees, and charges as other users of City's sanitary sewer system and facilities. Company shall only discharge domestic waste water into the City's sanitary sewer system. (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 -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. 0) 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 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. Company shall use its best efforts to assure that all buildings constructed on the Property will be architecturally and aesthetically compatible with buildings constructed at the Pueblo Memorial -3- 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) 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. 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. [SEAL] YA F4 �, ���� am � ✓ 4 , IL PUEBLO DEVELOPMENT FOUNDATION President [SEAL] ATTEST: L - C4 Clerk COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) PUEBLO, MUNICIPAL CORPORATION By resident of the City Council -4- e foregoing ir tru ent was acknowledged befog me thi y` day f 19 as President and 4,1Z as Secretary of Pu o D velopment Foundation, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: [SEAL] COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) =qregoing ' ent w s acknowledged before me this of 19g5'b s President of the City Council an as City Clerk of Pueblo, Colorado, a Municipal Corporation. Witness my hand and official seal. My commission expires: [SEAL] -5- EXHIBIT " A " A parcel of ]arid located within the County of Pueblo, State of Cc erado to -wit: A 1 - arcel of land being a portion of the E 112 of the SW 114 Section 4 0, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the apparent easterly right -of -way line cl Vai rchild Street from which the W 114 corner of said section 30 bears N 65 -36 -50 W (bearings based on the west line of the said St✓ 1/4 of Section 30, the west 1%4 corner menumented by a brass cap ir► ;a (.a s t iron monumen t-.•box, and a t- the.r,SW co by an al uminum mcnument, PLS �1d126, Sri `An A1um!nu Mi dnilm6ht box aee umed to bear N CC -05 -41 W), a distance of 1964.70 feet; thence N 88 -27 -06 E, a distance of 283.88 feet; thence S 01 -33 -08 E, a distance of 559.18 feet to a point on the apparent northerly right -of -way line of United Avenue; thence S 88 -25 -20 W, along said apparent northerly riahr -of - way line a distance 283.94 feet to a point on the apparent eas!erli right -of way line Fairchild Street; thence N 01 -32 -43 W, _rlully said apparent easterly right -of -way line a distance of 559.33 feet to the POINT OF BEGINNING. Sai -I parcel contains 3.65 acres, more or less.