HomeMy WebLinkAbout09488RESOLUTION NO. 9488
A RESOLUTION APPROVING A PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE SUNSET PARK CONGREGATION JEHOVAH'S
WITNESSES CONCERNING THE ISSUANCE OF A BUILDING PERMIT FOR A NEW
CHURCH BUILDING AT NATURE CENTER ROAD AND AMHERST AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Public Improvement Agreement dated January 10, 2002, a copy of which is
attached hereto and made a part hereof, after having been approved as to form by the
City Attorney, by and between Pueblo, a Municipal Corporation, and the Sunset Park
Congregation Jehovah's Witnesses is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute the 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. The City Clerk is also directed to
record the executed documents in the office of the Pueblo County Clerk and Recorder.
INTRODUCED: Janijary 2A 2002
BY: Al Gurule
C99NCIL PERSON
APPROVED: O f ` / � p �`'`�
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ITY CLERK
Background Paper for Proposed
RESOLUTION
/` 4 0 i1
AGENDA ITEM #
DATE: JANUARY 28, 2002
DEPARTMENT: PUBLIC WORKS
TOM CVAR - DIRECTOR
TITLE
A RESOLUTION APPROVING A PUBLIC IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE SUNSET PARK CONGREGATION
JEHOVAH'S WITNESSES CONCERNING THE ISSUANCE OF A BUILDING
PERMIT FOR A NEW CHURCH BUILDING AT NATURE CENTER ROAD AND
AMHERST AVENUE
ISSUE
Should the City Council enter into a Public Improvement Agreement with the Sunset
Park Congregation Jehovah's Witnesses.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The Sunset Park Congregation Jehovah's Witnesses wish to construct a new church
building on land presently outside the City limits, at the corner of Nature Center Road
and Amherst Avenue. As a condition of obtaining water service, the church must apply
for annexation of the property into the city and their petition for annexation is
forthcoming. The church, however, wishes to begin construction of the new building
prior to the final approval of their annexation petition.
This Resolution will authorize an agreement which specifies the conditions upon which
the City will authorize the issuance of the building permit. These conditions pertain to
the construction of roadway, sidewalk, drainage, parking, and landscaping improvements
that would normally be required by the City as a condition of building permit.
FINANCIAL IMPACT
This agreement will allow the development of a church building. The developer will
install necessary infrastructure to service the site and, when accepted, the City will
provide maintenance of roads and drainage system. The cost of this future maintenance
has not been established.
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PUBLIC IMPROVEMENT AGREEMENT
THIS AGREEMENT made and entered into as of January 10 , 2002 by and
between Pueblo, a Municipal Corporation ( "City ") and Sunset Park Congregation Jehovah's
Witnesses, a Colorado nonprofit corporation ( "Owner "), WITNESSETH:
Recitals
A. Owner owns in fee simple the property described and shown in attached Land Survey
Plat ( "Property"). The Property is located in the unincorporated area of Pueblo County, Colorado
and lies within Permit Area A described in Chapter 1 of Title XVI of the Pueblo Municipal Code and
shown on the Extraterritorial Water Service Permit Areas map.
B. Pursuant to Chapter 2 of Title XVI of the Pueblo Municipal Code and as a condition
to receiving water services, the Property must be annexed to the City and improvements thereon
must be developed and constructed in accordance with all City codes and ordinances.
C. Owner will annex the Property to the City, but pending completion of annexation
proceedings Owner desires to apply for a building permit to construct a building on the Property.
D. City is willing to approve the issuance of a building permit for the building to be
located as shown on the attached Land Survey Plat ( "Building ") upon the terms and conditions herein
set forth (the "Building Permit ").
Agreement
In consideration of the foregoing Recitals and mutual covenants contained herein, City and
Owner agree as follows:
1. The foregoing Recitals are true and correct and incorporated herein as if set out herein
in full.
2. Owner shall annex the Property to the City and will file and execute all documents
and perform all acts required to complete such annexation including, but not limited to, filing a
complete Petition For Annexation on forms supplied by City and executing an Annexation
Agreement in form and content approved by City.
3. City will approve the issuance of the Building Permit contingent upon and subject
to:
(a) Owner filing a complete Petition For Annexation;
(b) City's Director of Public Works ( "Director ") approving the site plan for the
Property; and
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(c) All engineering plans and specifications for the public improvements
described in the attached June 27, 2001 letter from the Director (the "June 27, 2001 Letter ")
be prepared and stamped by a Colorado licensed professional engineer and approved by the
Director.
4. Owner shall construct and install, at it sole cost and expense, the public improvements
described in paragraphs 1, 2, 3, 4, 5, 7 and 8 of the June 27, 2001 Letter before a certificate of
occupancy will be issued for the Building. Owner shall not occupy or use the Building until after
a certificate of occupancy has been issued for the Building.
5. Owner shall construct and install, at its sole cost and expense, the public
improvements described in paragraph 6 of the June 27, 2001 Letter within 180 days after written
notice is given to Owner by Director directing that the public improvements be constructed and
installed.
6. The public improvements required pursuant to paragraphs 4 and 5 above shall not be
considered to have been constructed and installed until after approval thereof by the Director.
7. Upon the Owner's failure, refusal or neglect for any reason to construct and install
the public improvements within the time specified in paragraphs 4 and 5 above, City shall have the
following remedies which shall be cumulative and the exercise of one or more shall not preclude the
exercise of the others:
(a) if the public improvements described in paragraph 4 hereof are not installed
and approved as specified in said paragraphs 4 and 6, City may enjoin the use and occupancy
of the Building; or,
(b) if the public improvements described in paragraph 5 are not installed and
approved as specified in paragraphs 5 and 6, City may institute appropriate proceedings to
enforce the installation and construction of the public improvements; or cause the public
improvements to be constructed and installed at the cost and expense of the Owner, and
impose a lien upon the Property for the cost and expense thereof plus an amount equal to
fifteen percent (15 %) of such cost and expense as an administrative fee and charge, by
recording in the office of the Pueblo County Clerk and Recorder a statement of lien under
oath of the Director showing the costs and expenses thereof and describing the Property.
Upon recording the statement of lien, the costs, expenses, and administrative fee, plus
interest thereon at the rate of 10% per annum, shall be a perpetual lien on the Property and
remain in full force and effect until paid in full.
8. The Agreement is and shall be construed to be a covenant running with the Property
and shall be recorded in the office of the Pueblo County Clerk and Recorder.
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9. This Agreement shall inure to the benefit of and be binding upon the Property, and
City and Owner, and their respective successors and assigns.
10. Any notice required to be given under this Agreement shall be given by personal
service or by certified mail, postage prepaid, addressed:
(a) if to City, Director of Public Works, City of Pueblo, 211 East "D" Street,
Pueblo, Colorado, 81003; or
(b) if to Owner, 987 West BellaCasa, Pueblo West, Colorado, 81007.
11. Owner and the person signing this Agreement on behalf of Owner represent and
warrant that they have been duly authorized to execute and deliver this Agreement in the name of
Owner and that this Agreement is a valid and binding legal obligation of the Owner enforceable in
accordance with its terms.
IN WITNESS WHEREOF, the parties have signed this Agreement in Pueblo, Colorado on
the day and year first above written. _-r
PUEBLO, A MUNICIPAL CORPORATION SUNSEYWARK CONGREGATION
J 'S WITNESSES
By BY 7
President of the City Council BQlr 4-e ( S
Name:
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
Title: V tC� - O - Pres i & e-n }
2002
The foregoing instrument was acknowledged before me this 29th day of J anuary , %alai
by Michael Occhi ato as President of the City Council of Pueblo, a Municipal
Corporation.
Witness my hand and official seal.
[ SE M SAIyT�S
• .9
FB 0.O
9911
ary Public
My commission expires: 8 -21 -2003
My Commission Expires OBP2I=
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STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
2002
The foregoing instrument was acknowledged before me this O day of J� , 2661
�-
by Lct-+ bo -y4e -1 c as V 1 Pr St d-tt }� of Sunset Park
Jehovah's Witnesses, a Colorado Nonprofit Corporation.
Witness my hand and official seal.
4f4 �i,Y,
S VQ q .
�0 .
Notary Public
My commission expires: v Z
-4-
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City of Pueblo
DEPARTMENT OF PUBLIC WORKS
June 27, 2001
Mr. Kurt Bartells
Sunset Park Congregation of Jehovah's Witnesses
987 West Bella Casa
Pueblo West, CO 81007
Re: Property at Nature Center Road and Amherst Street
Dear Mr. Bartells:
You have requested clarification of the public improvement requirements by the
City for the property located at the northwest corner of Nature Center Drive and Amherst
Avenue, as a condition of receiving extra territorial water service. These improvements
would include the following:
1) Curb, gutter (both sides) and asphalt paving (full width) of Nature Center
Road for the entire length of the property frontage plus asphalt transitions at
each end, the width of this roadway is anticipated to be 36 feet.
2) Six -foot sidewalk, property side only.
3) Sanitary sewer with manholes, per approved plans, installed along property
frontage on Nature Center Road. This pipe will be capped at each end for
future connection to live system.
4) Drainage improvements per drainage plan approved by City Engineering.
5) Landscaping requirements per City Ordinance.
6) Public improvements to 10' Street and Amherst Street may be deferred upon
execution of a Public Improvements Agreement, in a form approved by the
City Attorney (see attached form).
7) Parking requirements per City Ordinance.
8) Water system per Board of Water Works requirements.
9) Plans and specifications for the above listed public improvements, prepared
and stamped by a licensed Professional Engineer.
211 E. "D" Street Pueblo, Colorado 81003 (719) 543 -2860 Fax (719) 542 -6244
I
Mr. Kurt Bartells
June 20, 2001
Page 2
I hope that this answers your questions. If you need additional clarification,
please call me.
Sincerely,
Tom Cvar
Director of Public Works
TC:bt
pc: Jim Munch, Director of Planning & Development
Dan Centa, Director of Transportation