HomeMy WebLinkAbout12698RESOLUTION NO. 12698
A RESOLUTION APPROVING A CONTRACT TO BUY AND
SELL REAL ESTATE BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND SDL PROPERTIES, LLC RELATING
TO THE PROPERTY LOCATED AT 130 CENTRAL MAIN
STREET, PUEBLO, COLORADO, COMMONLY KNOWN
AS THE OLD POLICE BUILDING, AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract to Buy and Sell Real Estate (“Contract”) dated June 10, 2013
between Pueblo, a Municipal Corporation, and SDL Properties, LLC relating to the
property located at 130 Central Main Street, Pueblo, Colorado, commonly known as the
Old Police Building, a copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the
Contract and the Special Warranty Deed in the name of the City and the City Clerk is
authorized and directed to affix the seal of the City thereto and attest the same.
INTRODUCED: June 10, 2013
BY: Ami Nawrocki
Background Paper for Proposed
RESOLUTION
DATE: June 10, 2013 AGENDA ITEM # Q-3
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT
JULIE ANN WOODS, AICP/ASLA, DIRECTOR
TITLE
A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SDL PROPERTIES, LLC
RELATING TO THE PROPERTY LOCATED AT 130 CENTRAL MAIN STREET,
PUEBLO, COLORADO, COMMONLY KNOWN AS THE OLD POLICE BUILDING, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should the City Council approve the sale of the “Old Police Building,” located at 130
Central Main Street, to SDL Properties, LLC?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The City of Pueblo solicited qualification and cost-based proposals from private sector
developers to purchase and redevelop a parcel of property commonly referred to as the
“Old Police Building” property, located at 130 Central Main Street, Pueblo, Colorado on
December 5, 2012 with an Addendum published on December 14, 2012. SDL
Properties, LLC, was the only development team to submit a Proposal Response
contemplating redevelopment of 130 Central Main Street for a mixed use building that
will include the following uses: “Brewery/Restaurant, Retail, Professional Office Space,
and several luxury apartments.” On March 11, 2013, City Council approved Resolution
No. 12610, designating SDL Properties as the preferred developer to enter into an
“Exclusive Negotiation Agreement for the Development of the “Old Police Building.”
130 Central Main Street, the “Old Police Building,” is proposed to be sold to SDL
Properties for the purchase price of $100,000. The purchase price will be paid by SDL
Properties in cash or certified funds at closing.
The “Old Police Building” will be developed pursuant to development plans approved by
the City of Pueblo and the HARP Authority.
FINANCIAL IMPACT
There is a positive effect of selling the vacant building "as is" to SDL Properties. Not
only will $100,000 be brought to the General Fund, but the building and property
become private property upon which property taxes can be assessed.
AGREEMENT TO SELL AND PURCHASE
THIS AGREEMENT is made the 10th day of June, 2013, between Pueblo, a Municipal
Corporation, 200 S. Main Street, Pueblo, CO 81003 hereinafter called the Seller, and SDL
Properties, LLC, a Colorado limited liability company, 112 West D Street, Pueblo, CO 81003,
hereinafter called the Purchaser.
1. Property Defined. The Seller agrees to sell and convey and the Purchaser agrees
to purchase, all that certain plat, piece, or parcel of land, with the buildings, fixtures, personal
property and improvements thereon having the legal description of "Portion of Lot 6 and all of
Lots 7, 8 and 9, Block 4 Central Pueblo in the former Town of Central Pueblo, now part of the
City of Pueblo, according to the recorded Plat of said Town, filed of record on August 13, 1883,
in Pueblo County, Colorado" commonly known as the Old Police Building, 130 Central Main
Street, Pueblo, CO 81003 (the "Property "). The Property shall be conveyed by Special Warranty
Deed ( "Deed ") a form of which, marked as Exhibit A, is attached hereto and incorporated herein
by reference. The Property shall be conveyed subject to the conditions listed in Paragraph 5 of
this Agreement and the exceptions to the Extended Coverage Policy of title insurance listed in
the Title Commitment ( "Permitted Exceptions ").
2. Purchase Price. Purchaser shall pay the total purchase price of One Hundred
Thousand Dollars (U.S. $100,000)( the "Purchase Price ").
3. Payment of Purchase Price. The Purchase Price shall be payable in full at Closing
in cash, certified funds or immediately available wire transferred funds.
4. Earnest Money. Within ten (10) days after the Effective Date hereof, Purchaser
shall deposit with Land Title Guarantee Company (the "Title Company "), having its office at
503 N. Main Street, Pueblo, CO 81003, the sum of Ten Thousand Dollars ($10,000.00) (the
"Earnest Money "). The Title Company is hereby instructed to hold the Earnest Money in a non -
interest bearing account for the benefit of Seller and Purchaser. The Title Company shall hold
and disburse the Earnest Money in accordance with the provisions of this Agreement.
5. The premises are sold and are to be conveyed subject to:
(a) Zoning and subdivision regulations and ordinances of the City of Pueblo.
(b) Encroachments if any, upon the Property or abutting property.
(c) Any statement of facts an accurate survey may show.
(d) The Protective Covenants, a copy of which, marked as Exhibit B, is
attached hereto and incorporated herein by reference and the Construction Covenants, a
copy of which, marked as Exhibit C, is attached hereto and incorporated herein by
reference.
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(e) Covenants, reservations, rights of way, easements and restrictions of
record, if any.
Subparagraphs (a) through (e) above shall be listed as Permitted Exceptions attached to
the Deed. Purchaser acknowledges that, at Closing, it shall accept the Property subject to
those items contained in subparagraphs (a) through (e) together with other Permitted
Exceptions, which provisions shall survive the Closing and shall not be merged with the
Deed.
6. Commitment for Title Insurance. Seller shall obtain from the Title Company, at
Seller's expense, a title insurance commitment (the "Title Commitment ") covering the Property,
showing all matters affecting title to the Property and binding the Title Company to issue at
Closing an Extended Coverage 1992 ALTA Owner's Form Policy of title insurance, with
standard exceptions deleted, in the full amount of the Purchase Price.
7. Closing Time and Place. Closing of the transaction contemplated hereby
( "Closing ") shall be held at the offices of the Title Company, on the date which is twenty (20)
days after the approval by the City Council of the Property's Rezoning and Subdivision, or as
agreed by Seller and Purchaser.
8. Closing Costs. Seller shall pay the fees of any counsel representing it in
connection with this transaction; the premium for the Title Policy (defined in Section 6) to be
issued to Purchaser by the Title Company at Closing; and one -half ('/2) of any fees which may be
charged by the Title Company. Purchaser shall pay the fees of any counsel representing
Purchaser in connection with this transaction; the fees for recording the Deed conveying the
Property to Purchaser; any transfer tax, the documentary stamp tax or similar tax which becomes
payable by reason of the transfer of the Property and one -half (1/2) of any fees charged by the
Title Company. All other costs and expenses incident to this transaction and the Closing thereof
shall be paid by the party incurring same.
9. Default by Purchaser. In the event that the Earnest Money is delivered to the Title
Company as herein provided and the sale contemplated by this Agreement is not completed as
herein provided by reason of any default of Purchaser hereunder, Seller shall be entitled, as its
sole remedy, to terminate this Agreement and receive the Earnest Money as liquidated damages
for the breach of this Agreement, it being agreed between the parties hereto that the actual
damages to the Seller in the event of such breach are impractical to ascertain and the amount of
the Earnest Money is a reasonable estimate thereof.
10. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT
AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR
CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS
TO HABITABILITY, MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE (OTHER THAN SELLER'S WARRANTY OF TITLE TO BE SET FORTH IN THE
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DEED), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL
CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION,
GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH
GOVERNMENTAL LAWS, OR ANY OTHER MATTER OR THING REGARDING THE
PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING
SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL
ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS." PURCHASER HAS
NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR
BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES,
STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE
PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER, TO
WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, VERBALLY OR IN
WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER
REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL
CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY,
INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF
AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR
NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY
HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY,
AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION
PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH
RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND
COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT.
UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE
MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN
REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON
CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED
SELLER FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION
(INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES,
COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES AND COURT COSTS) OF
ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH
PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY
TIME BY REASON OF OR ARISING OUT OF ANY CONSTRUCTION DEFECTS,
PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING
ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS,
EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY.
PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL
OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE
PROPERTY BE REQUIRED BY ANY GOVERNMENTAL ENTITY AFTER THE DATE OF
CLOSING, SUCH CLEAN -UP, REMOVAL OR REMEDIATION SHALL, AS BETWEEN
THE SELLER AND PURCHASER, BE THE RESPONSIBILITY OF AND SHALL BE
PERFORMED AT THE SOLE COST AND EXPENSE OF THE PURCHASER.
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11. Seller and Purchaser agree that the provisions of Paragraph 10 shall survive
Closing and the recording of the Deed.
12. All understandings and agreements heretofore had between the parties hereto are
merged into this Agreement, which alone fully and completely expresses their agreement, and
this Agreement is entered into after full investigation, neither party relying upon any statement or
representation, not embodied in this Agreement, made by the other.
13. This Agreement may not be changed or terminated orally.
14. The stipulations in this Agreement are to apply to and bind the heirs, executors,
administrators, successors, and assigns of the respective parties.
15. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless
remain in full force and effect.
16. Applicable Law. THIS AGREEMENT SHALL IN ALL RESPECTS BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF COLORADO. SELLER AND PURCHASER HEREBY IRREVOCABLY
SUBMIT TO THE JURISDICTION OF THE DISTRICT COURT, PUEBLO COUNTY,
STATE OF COLORADO IN ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT AND HEREBY IRREVOCABLY AGREE THAT ALL
CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND
DETERMINED IN THE DISTRICT COURT OF PUEBLO COUNTY, STATE OF
COLORADO. PURCHASER AND SELLER AGREE THAT THE PROVISIONS OF THIS
PARAGRAPH 16 SHALL SURVIVE THE CLOSING OF THE TRANSACTION
CONTEMPLATED BY THIS AGREEMENT AND THE RECORDING OF THE DEED
HEREUNDER. TO THE EXTENT PERMITTED BY LAW, PURCHASER AND SELLER
WAIVE THEIR RIGHTS TO A TRIAL BY JURY.
17. The provisions of this Agreement and of the documents to be executed and
delivered at Closing are and will be for the benefit of Seller and Purchaser only and are not for
the benefit of any third party, and accordingly, no third party shall have the right to enforce the
provisions of this Agreement or of the documents to be executed and delivered at Closing.
18. The following schedules or exhibits attached hereto shall be deemed to be an
integral part of this Agreement:
(a) Exhibit A — Form of Special Warranty Deed
(b) Exhibit B — Protective Covenants
(c) Exhibit C — Construction Covenants
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19. The section headings appearing in this Agreement are for convenience of
reference only and not intended, to any extent and for any purpose, to limit or define the text of
any section or any subsection hereof.
20. The parties acknowledge that the parties and their counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or any exhibits or amendments hereto.
21. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
22. Purchaser shall not record this Agreement or any short form memorandum of this
Agreement.
Executed at Pueblo, Colorado, the day and year first above written.
PURCH % : r' :
SD rop- ' ies, L a Colorado limited liability company
/
Gary Anzui ;4u - • :: . • • em.er
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this c ‘7 , day of June, 2013
by Gary Anzuini.
Witness my hand and official seal. JJ
My Commission Expires: 8k5/Q0/7 1/4
(SEAL) KAREN S. WILLSCN OA £-vt 1
1 NOTARY F'I IC, STATE OF t,C,t OFAG'a Notary Public
7_. __
SELLER:
CITY OF PUEBLO, CO
A MUNICI' e _ —!,. TIO ►
II a ill I I illi °••■.""'" )1111r
ouncil President
ATTESTED BY:
CIT CLERK
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Exhibit A
SPECIAL WARRANTY DEED
THIS DEED, made this day of , 2013 between the CITY OF
PUEBLO, COLORADO, a Colorado municipal corporation (hereinafter referred to as
"Grantor "), and SDL PROPERTIES, LLC, a Colorado limited liability company, whose legal
address is 112 West D Street, Pueblo, Colorado 81003 (hereinafter referred to as "Grantee "):
WITNESSESTH, that the Grantor, for and in consideration of the sum of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00), the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey, and confirm, unto the Grantee, its heirs, successors and assigns
forever, all the real property, together with improvements, if any, situate, lying and being in
Pueblo County, State of Colorado, described on Exhibit A attached hereto and made a part
hereof, for all purposes, together with all and singular the rights, benefits, privileges, easements,
tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
This conveyance is made subject and subordinate to:
(a) the Declaration of Protective Covenants recorded in the records of the Pueblo
County Clerk and Recorder on , 2013 at Reception No. marked as
Exhibit B, which is attached hereto and is incorporated into this Special Warranty Deed by
reference and is made a part hereof for all purposes; and
(b) the Construction Covenants, marked as Exhibit C, which is attached hereto and is
incorporated into this Special Warranty Deed by reference and is made a part hereof for all
purposes.
This conveyance is further made subject and subordinate to those encumbrances
and exceptions (the "Permitted Exceptions ") set forth on Exhibit D attached hereto and made a
part hereof for all purposes.
TO HAVE AND TO HOLD the said premises, subject to the covenants
identified in paragraphs (a) and (b) above and further subject to the Permitted Exceptions, above
bargained and described, with the appurtenances, unto the Grantee, its heirs, successors and
assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it
shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the
quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and
every person or persons claiming the whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, The Grantor has caused its corporation name to be
hereunto subscribed by its President of City Council and its seal to be hereunto affixed, attested
by its City Clerk, the day and year first above written.
CITY OF PUEBLO, COLORADO
A COLORADO MUNICIPAL CORPORATION
By:
City Council President
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this day of
2013, by Pueblo, a Municipal Corporation, by , as President of the
City Council of Pueblo, a municipal corporation.
Witness my official hand and seal.
My Commission Expires:
Notary Public
Exhibit A
Legal Description
Exhibit B
Declaration of Protective Covenants
Exhibit C
Construction Covenants
Exhibit D
Permitted Exceptions
The premises are sold and are to be conveyed subject to:
(a) Zoning and subdivision regulations and ordinances of the City of Pueblo.
(b) Encroachments if any, upon the Property or abutting property.
(c) Any statement of facts an accurate survey may show.
(d) The Declaration of Protective Covenants recorded in the records of the
Pueblo County Clerk and Recorder on , 2013 at Reception No.
marked as Exhibit B, which is attached hereto and is incorporated into this Special
Warranty Deed by reference.
(e) The Construction Covenants, marked as Exhibit C, which is attached
hereto and is incorporated into this Special Warranty Deed by reference.
(f) Covenants, reservations, rights of way, easements and restrictions of record,
if any.
Exhibit B
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS
1. Introduction
Pueblo, a Municipal Corporation ( "City ") the declarant, is the owner of the real property
described in the attached Exhibit A (hereinafter referred to as the "Subject Property ") and owns
substantial real estate adjacent to, and in the vicinity of, land which the City is developing as part
of its Historic Arkansas Riverwalk of Pueblo (HARP) Development. It is essential to HARP that
the Subject Property be developed and maintained in a manner consistent with the overall HARP
Development. Consequently, the following Covenants are hereby placed on the Subject
Property:
2. Applicability
These covenants, conditions and restrictions are imposed upon the Subject Property and
are to run with the land as a servitude in favor of the City. Failure to abide by any of the
covenants, conditions and restrictions contained herein would adversely affect the health, safety
and welfare of the public in general and the adjacent and nearby property owners in particular.
3. Use of Subject Property
The Subject Property shall be used only for the uses permitted by right, without waiver or
variance, under the HARP 2 Zone District, as defined by the zoning ordinances of the City of
Pueblo. The Subject Property is located adjacent to a public project known as HARP. Owners
and occupants understand and agree that the use of HARP and activities conducted thereon by
City, HARP Authority and the public may interfere with the use and enjoyment of the Subject
Property and/or annoy or inconvenience owners and users of the Subject Property. Owners and
occupants shall not complain about any lawful activities conducted on HARP or the lawful use
of HARP by the City, HARP Authority or the public and waive any and all claims of nuisance or
interference with the use and enjoyment of the Subject Property arising out of, or resulting,
directly or indirectly, from any such lawful use or activity. Owner shall not undertake or
perform any activity on, or use the Subject Property in a manner which will limit or interfere
with the reasonable use and enjoyment of HARP by the City, HARP Authority or the public.
4. Underground Utilities
All telephone and power lines and lines for transmission of electronic signals installed
upon the Subject Property shall be underground, except for customary surface devices for access
or control.
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5. Architectural Control
5.1 Rezoning and Resubdividing. The Subject Property may be rezoned or
resubdivided but only after receiving the express, written approval of the City.
5.2 Construction Documents. Before any building permit is obtained or any work is
commenced on any Improvement (as defined below), there shall be delivered to the City
Director of Planning and Community Development, the HARP Authority, and the City
Planning and Zoning Commission, final plans and specifications for any Improvement,
including, as applicable, elevations, site plans, grading and drainage plans, landscaping plans,
outline specifications, samples of exterior materials, and exterior colors, proposed signing and
site lighting, construction access to the Subject Property and construction site. All such
submittals must be approved by the City and HARP Authority pursuant to the Pueblo Municipal
Code before a building permit is issued and construction begins on any Improvement.
Construction schedules shall also be delivered to the HARP Authority and the City Director of
Planning and Community Development for informational purposes before construction begins on
any Improvement. All Improvements shall be constructed substantially in accordance with plans
and specifications approved by the HARP Authority and the City Planning and Zoning
Commission pursuant to these Covenants. As used in these covenants, "Improvement" shall
mean any object, thing or activity of any kind installed, located or occurring on the Subject
Property which changes the external appearance to the Subject Property, from its external
appearance as it existed immediately prior to the installation, location or occurrence of the
object, thing or activity. Improvements include, but are not limited to, all buildings, structures,
landscaping and lawns, exterior walkways, parking areas, drives and truck loading areas, signs,
fences, poles, walls, utility lines, lighting, excavations, grading, berms, drainage facilities,
repairs, alterations, painting and all other things or objects of any type or kind installed or
constructed on the Subject Property.
5.3 Common Use Documents. All documents either attempting to establish
condominiums or other forms of common use or ownership, or regulating use or maintenance of
any portions of the Subject Property, shall be submitted to and approved in writing by the HARP
Authority and the City Land Use Administration before their being recorded, and prior to the sale
or rental of any Improvement on the Subject Property to any party. HARP Authority's and the
City's review of these documents is for the limited purpose of ensuring that adequate provisions
are made for first class maintenance of the Subject Property and all Improvements thereon, for
controlling and approving any exterior changes or modifications to Improvements, for
establishing of enforceable covenants that prescribe standards for use of the Subject Property and
all Improvements thereon including, but not limited to the use of balconies, garages, parking
areas and landscaping areas, and for adequate assessment procedures to fund the implementation
of the documents, including the reimbursement of charges assessable against the Subject
Property pursuant to section 6.3 of these Covenants.
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5.4 Changes. No substantial change in or to any plat, special area plan, master plan,
plans and specifications or document relating to the Subject Property shall be made unless
approved by the City and the HARP Authority.
5.5 Names and Logos. Neither the names "HARP" or "Historic Arkansas Riverwalk
of Pueblo" nor any derivatives thereof, nor the logos associated with such names may be used in
any way in connection with the Subject Property, any use, or any promotion of it, unless HARP
Authority has given its prior written approval to such use.
5.6 Approval Procedures. These Covenants require the owners and occupants of the
Subject Property to obtain the City Planning and Zoning Commission's and the HARP
Authority's approval of various plans, information, documents, writings and materials delivered
to City and HARP pursuant to this Section 5. The City will not withhold its approval if it
reasonably determines such items contemplate architecturally integrated and high quality
Improvements consistent with the aesthetic and functional standards of the HARP Development,
the HARP 2 Zone District and the specific provisions of these Covenants. If either the City
Planning and Zoning Commission or HARP Authority does not approve, the respective body
shall, within forty -five days after submission, deliver notice stating its reasons for disapproval to
the party desiring the approval, who may then deliver a resubmission to eliminate the City
Planning and Zoning Commission's or the HARP Authority's objections. If the City Planning
and Zoning Commission or HARP Authority fails to act on any submission or resubmission
within such forty -five (45) day period after receipt thereof, the respective body shall be deemed
to have approved the submission or resubmission. The time periods referred to above shall begin
on the date the City Planning and Zoning Commission or HARP Authority receives any
submission or resubmission. Requests for approval shall be submitted subject to Section 12,
below.
6. Maintenance of Improvements
6.1 Obligation to Maintain Improvements. All Improvements constructed on the
Subject Property shall be maintained, or caused to be maintained, by the owner thereof in first -
class condition. Such maintenance shall include, but not necessarily be limited to, repairing any
structural damage to or defects in Improvements, keeping the exteriors of any Improvements on
the Subject Property in first class condition, including painting as required, maintaining in good
condition and repair all landscaping, walks, streets and parking facilities on the Subject Property,
keeping vehicular and pedestrian areas free from accumulations of snow and ice, keeping the
Subject Property free of trash and debris, and keeping all signs and lighting on the Subject
Property clean and functional. At all times, but particularly during construction, the Subject
Property owner shall control noxious weeds and fugitive dust in accordance with applicable
governmental requirements and shall keep adjacent sidewalks, streets and roads free from
accumulations of mud, dirt and debris originating on the Subject Property. The owner of
Improvements shall maintain at all times at its cost and in full force and effect "all risk" casualty
insurance (including without limitation flood and earthquake coverage to the extent reasonably
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available), for not less than 100% of the replacement value of the Improvements. In the event of
damage thereto or destruction thereof, the owner of the Improvements shall proceed forthwith to
repair, reconstruct, and restore the damaged or destroyed portions of such Improvements to
substantially the same condition and value as existed prior to such damage or destruction,
applying for such purposes all the proceeds of such casualty insurance to the payment or
reimbursement of the costs of such repairs, reconstruction and restoration.
6.2 City's Right to Maintain Improvements. If City, in good faith, reasonably
determines any portion of the Subject Property or the Improvements located thereon are not
being maintained or repaired in the manner specified in Section 6.1 above, City shall give the
owner thereof, or the person occupying the portion of the Subject Property involved, a written
notice specifying the maintenance or repairs which City determines is required under these
Covenants. If the maintenance or repairs specified in such notice is not satisfactorily performed
within thirty days after delivery of such notice, or within such longer time as City reasonably
determines is required to perform such maintenance or repair, City shall thereafter have the right,
but not the obligation, to perform such maintenance or repair and to enter any of the Subject
Property and perform any acts reasonably necessary to complete such maintenance or repairs.
City shall not be liable for any losses, costs or damages to any tenant or owner of the Subject
Property on account of its performance of such maintenance or repairs, except for any such loss,
cost or damage caused by City's gross negligence or willful misconduct. City may delegate its
maintenance rights hereunder to the HARP Authority.
6.3 Reimbursement and Lien. In the event City elects to perform maintenance or
repairs pursuant to section 6.2 above, the City will submit to the owner or the tenant of the
Subject Property upon which or for whose benefit such maintenance or repairs was performed, a
written statement of the costs incurred by the City in performing the maintenance or repairs.
These costs shall be paid to the City within twenty days after receipt of such notice. If the City's
costs have not been paid after expiration of this twenty -day period, the City may thereafter
record a lien against the Subject Property for all costs (including reasonable attorneys' fees)
incurred by the City in performing the maintenance or repairs and in collecting such costs and
foreclosing upon the lien. Such lien shall be junior to all other liens or encumbrances of record
with respect to the Subject Property on the date the lien is recorded. The lien and the lien
described in Section 6.4 may thereafter be foreclosed upon in the manner provided by Colorado
law for foreclosing upon real estate mortgages. This lien shall provide that all sums expended by
the City or the HARP Authority in foreclosing the lien and collecting the amounts due City or
the HARP Authority (including reasonable attorneys' fees) shall be additional indebtedness
secured by such lien.
6.4 Common Area Maintenance Expenses. The Owner of the Subject Property shall
pay, in the amount set forth below, a common area maintenance charge to the HARP Authority
to partially pay for maintaining and promoting the common areas and the public improvements
in the HARP Development which shall include, but not be limited to, the cost of: gardening and
maintaining the landscaping; operating and maintaining the HARP Channel and identification
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signs; replacing plants and planters; providing seasonal and holiday decorations; painting;
lighting; resurfacing; repairing utility service lines in the common areas; clearing and removing
snow, trash, rubbish, garbage and other refuse; paying interest on any funds advanced; providing
personnel to implement such services and paying for administrative expenses. The HARP
Authority will use all funds so collected to provide for the aforedescribed maintenance.
To compensate the HARP Authority for providing such maintenance and promoting the
common areas, and public improvements in the HARP Development, the Owner of the Subject
Property shall pay the then current amount per square foot per year, as set by the HARP
Authority, for each square foot of gross building area under roof in each building located on the
Subject Property. Payment of the common area maintenance expenses shall begin on the first
day of the month following the month in which a temporary or permanent certificate of
occupancy is issued for each building located on the Subject Property ( "Commencement Date ").
Monthly payments of 1 /12th the total annual amount due shall be made on the first day of each
month. The common area maintenance charge shall remain the same for two years from the date
of the first payment Commencement Date. Thereafter (beginning with the start of the third
year), the common area maintenance charge shall be annually increased by the percentage
increase, if any, in the U.S. Consumer Price Index for All Items - Urban Wage Earners and
Clerical Workers ( "CPI -W ") (base year 1982 -1984 - 100) (the "Index "). If the Index changes so
the first year differs from that used in this Section, the Index shall be converted according to the
conversion factor published by the United States Department of Labor, Bureau of Labor
Statistics, to the 1982 -84 base. If the Index is discontinued or revised, such other governmental
index or computation which replaces it shall be used to obtain substantially the same result as
would be obtained if the Index had not been discontinued or revised.
The Index published nearest to the first payment of the Common Area maintenance
charge shall be the Beginning Index. The Index published nearest the Adjustment Date shall be
the Adjustment Index. The Adjustment Date shall be the first day of the third (3rd) year of
paying common area maintenance charges and every year thereafter.
The base common area maintenance charges shall be adjusted as follows:
On each Adjustment Date, the base common area maintenance charge shall be adjusted
by multiplying the initial base common area maintenance charge under these Covenants by a
fraction, the numerator of which is the applicable Adjustment Index and the denominator of
which is the Beginning Index.
Failure to pay the common area maintenance charge on or before its due date shall cause
it to be delinquent. If a charge becomes delinquent, the HARP Authority may place a lien on the
Subject Property and foreclose on such lien as provided above in Section 6.3.
6.5 Vendor Agreement. In the event the owner of the Subject Property wishes to use
outdoor dining space, or other uses which are acceptable to the HARP Authority, on the HARP
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property, abutting or adjacent to the Subject Property a separate vendor agreement with the
HARP Authority will be required including, but not limited to, a negotiated lease rate for use of
the HARP property and HARP Authority approval of the design and amenities; the cost of the
amenities and utilities associated with the use of the HARP property will be the responsibility of
the owner of the Subject Property.
7. Use of Riverwalk Facilities
Any use of HARP property and /or facilities adjacent to the Subject Property for
commercial or private functions shall be subject to a separate lease /vendor agreement with the
HARP Authority.
8. Remedies
Remedies at law may not adequately compensate the City for a violation of these
Covenants. Therefore, City shall have the right to obtain from any court of competent
jurisdiction injunctive relief against any owner or tenant of any of the Subject Property, or any of
their agents, contractors, or assigns, or enjoining any activity which is in violation of these
Covenants. The City's right to such injunctive relief shall not be affected by arbitration
provisions in contracts executed by such owner, tenant or their agents. The rights and remedies
of City shall be in addition to, and not in lieu of, other rights and remedies City may have in the
event of a violation of these Covenants. All such rights and remedies shall be cumulative, and
the exercise of any one or more of such rights and remedies shall not be deemed an election
precluding the exercise of any of the others. All reasonable costs incurred in any dispute or
litigation involving enforcement of these Covenants (including expert witness fees and attorneys'
fees) shall be awarded as additional damages to the prevailing party, who shall also be entitled to
all such additional costs incurred in enforcing or collecting any judgment rendered. Venue for
all litigation arising under these Covenants shall be in Pueblo County, Colorado.
9. Land Benefitted
These Covenants shall run with and burden the Subject Property and are for the benefit of
City and all land owned by City in the HARP Development. These Covenants shall be
enforceable only by City and its specific assigns pursuant to Section 12 below.
10. Amendment
These Covenants may be amended at any time by an instrument executed by City and the
then current owners of at least 50 percent of the Subject Property. These Covenants may also be
amended with respect to any portion of the Subject Property, but less than all of the Subject
Property, by a written instrument executed by all owners of the portion of the Subject Property
affected and by City, which instrument contains the legal description of the portion of the
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Subject Property affected by the change. Amendments to these Covenants shall become effective
upon their being recorded with the Pueblo County Clerk and Recorder.
11. Term
These Covenants, and any amendments hereto, shall remain in effect for a period of 20
years from the date of the recording of same and shall automatically be renewed for successive
ten year periods unless, prior to the expiration of the initial term or any ten year extensions
thereof, an instrument stating that extension is not desired, signed and acknowledged by at least
fifty percent of the then owners of the Subject Property and the City, is filed of record with the
Pueblo County Clerk and Recorder.
12. Successors and Assigns
The City may assign its rights and authority hereunder by an express written assignment
referring to these Covenants, duly recorded. Any reference in these Covenants to City shall also
mean any successors of the City pursuant to such assignment. If City makes such an assignment,
it shall record an instrument in the real Subject Property records of Pueblo County, Colorado
stating that its rights and authority under these Covenants have been assigned and setting forth
the name and address of the assignee.
13. Notices
Any notice or other document or materials required or permitted to be delivered under
these Covenants shall be in writing and shall be deemed properly delivered upon receipt by the
party to whom the same are to be delivered. Notices shall be addressed as follows:
If to City, to Pueblo City Manager, One City Hall Place, Pueblo, CO 81003, with
a copy to City Attorney, 501 N. Main Street, #203, Pueblo, CO 81003, and Executive Director,
HARP Authority, 125 Riverwalk Place, Pueblo, CO 81003.
PUEBLO, A MUNICIPAL CORPORATION
By:
City Council President
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
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The foregoing instrument was acknowledged before me on this day of
2013, by Pueblo, a Municipal Corporation, by , as President of the
City Council of Pueblo, a municipal corporation.
Witness my official hand and seal.
My Commission Expires:
Notary Public
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Exhibit C
CONSTRUCTION COVENANTS
1. Introduction
Pueblo, a Municipal Corporation ( "City "), is the owner of the real property described in the
attached Exhibit A (hereinafter referred to as the "Subject Property ") and owns substantial real
estate adjacent to, and in the vicinity of, the land being conveyed by the deed to which these
Construction Covenants (the "Covenants ") are attached and made a part of (the "Deed "), which
land City anticipates developing as part of its Historic Arkansas Riverwalk of Pueblo development
(such land owned by City is referred to as the "HARP Development "). It is essential to the HARP
Development that the land being conveyed by the attached Deed (the "Subject Property ") be timely
developed in a manner consistent with the overall HARP Development. Consequently, these
Covenants are hereby placed on the Subject Property.
2. Applicability
These Covenants apply to SDL Properties, LLC, a Colorado limited liability company
( "Buyer "), to all of the Subject Property and to any individual or entity having any interest in the
Subject Property after the date of the attached Deed. These Covenants supplement the Protective
Covenants that are also attached to the Deed, the terms of which are also binding upon Buyer and
subsequent owners, occupants or others with an interest in the Subject Property.
3. Time to Commence Rehabilitation
3.1 Rehabilitation. Within eight (8) months after the date of this Deed, or such later
date as City may designate by instrument filed for record in the Office of the Pueblo County Clerk
and Recorder, rehabilitation shall have commenced on the Subject Property. Commencement of
rehabilitation is defined as building permits having been obtained from the Pueblo Regional
Building Department and work having been commenced for permanent improvements that have
been approved by the City's Department of Public Works, the City's Department of Planning and
Community Development and the HARP Authority. All building permits and rehabilitation shall
be according to development plans that have been approved by City's Department of Public
Works, the City's Department of Planning and Community Development and the HARP Authority
as required by the Protective Covenants. Buyer will promptly notify City and the HARP
Authority when it obtains the required building permits and when the rehabilitation work has been
commenced.
3.2 Acknowledgment of Compliance. All building permits and rehabilitation shall be
in accordance with development plans which have been approved by the City Planning and Zoning
Commission, City Council and the HARP Authority as required by the Protective Covenants.
After commencement of rehabilitation as required by Section 3.1 above, and if requested by
Buyer, City shall execute and deliver a writing duly signed and acknowledged stating that
rehabilitation has been so commenced and releasing City's right to repurchase the Subject Property
pursuant to Section 6.1 below on account of failure to commence rehabilitation.
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4. Completion of Rehabilitation
Rehabilitation of the improvements, once commenced, shall be diligently pursued.
Rehabilitation will commence as soon as possible after closing. After rehabilitation has
commenced, if no substantial rehabilitation is performed on uncompleted improvements for a
period of six consecutive months (unless such delay is caused by one or more of the events listed in
Section 5 below), then City shall have the right to repurchase all of the Subject Property, together
with all improvements located on it. City shall also have the right to repurchase all of the Subject
Property, including improvements, if any building on the Subject Property on which rehabilitation
has commenced has not been substantially completed within one year after commencement of
rehabilitation. A building shall be deemed substantially completed if the Pueblo Regional
Building Department has issued a certificate of occupancy for the building. The repurchase shall
be on the terms provided in Section 6 below.
5. Unavoidable Delays
In the event the obligation to obtain building permits, commence rehabilitation or complete
rehabilitation in accordance with the provisions of Sections 3 and 4 shall be unavoidably delayed
by fire, flood, drought or other act of God; strikes or material shortages; war or national
emergency; governmental impositions, including building permit moratoria and utility moratoria
(but not including failure to obtain governmental approvals of development plans); or other similar
cause beyond the reasonable control of Buyer, then the period of time prescribed for performance
of such obligations shall be extended for periods equivalent to the periods of such unavoidable
delays, provided that within 30 days of the occurrence of such unavoidable delay City shall have
received notice of the cause thereof, and that at the end of each such period of unavoidable delay
City shall have received notice of the period by which times for performance of such obligations
are required to be extended.
6. Repurchase
Failure to comply with the provisions of either Section 3 or Section 4 shall be an event of
default under these Covenants. An event of default shall, in addition to any other remedy it may
have, entitle City to repurchase the Subject Property from Buyer as follows:
6.1 Before Rehabilitation Commences. If rehabilitation has not been commenced on
the Subject Property, the "Repurchase Price" shall be $100,000.
6.2 After Rehabilitation has Commenced. If rehabilitation has commenced on the
Subject Property, the Repurchase Price shall be the amount determined by Section 6.1 plus Buyer's
"Direct Costs." "Direct Costs" are the actual direct costs of labor and materials incorporated into
the improvements located on the Subject Property, exclusive of any compensation for architects,
engineers, executives, office or supervisory employees of Buyer, and exclusive of rehabilitation
loan interest and Buyer's general overhead. Upon City's delivery of a Notice of Default as
provided in Section 6.3 below, Buyer will, within 30 days after such Notice of Default, give City
an accounting of Direct Costs, together with such documents as City may request substantiating
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this accounting (such as bills, invoices, rehabilitation loan draw requests, copies of checks, and
similar documents and verifications).
6.3 Notice of Default. If City believes Buyer is in default of its obligations to
commence or complete rehabilitation under Section 3 or Section 4 above, it shall, within 30 days
after it believes such default occurred, deliver to Buyer a notice stating the default (the "Notice of
Default "), together with a request for an accounting of Buyer's Direct Costs, as specified in Section
6.2 above. Failure of City to give the Notice of Default shall terminate City's repurchase rights
under this Section 6 on account of that specific default. If Buyer believes it is not in default, it
shall, within 5 calendar days after receipt of the Notice of Default, deliver to City a notice stating
why it believes it is not in default, and if no such notice is delivered, it shall be conclusively
presumed that Buyer is in default as specified in the Notice of Default.
6.4 Notice of Exercise. If City has delivered the Notice of Default required by Section
6.3, and if Buyer is in default as specified in that Notice, then City shall have the right to
repurchase the Subject Property and the improvements located thereon by delivering to Buyer a
notice stating City intends to repurchase (this notice is called "Exercise "). If City has not
Exercised on or before:
(a) sixty days after the Notice of Default was delivered if the default occurred
prior to commencement of rehabilitation, or
(b) sixty days after the accounting of Direct Costs (together with supporting
documents) was delivered to City pursuant to Section 6.2 if the default occurred
after commencement of rehabilitation, then
City's right to repurchase contained in this Section 6 on account of the matters specified in the
Notice of Default shall terminate.
6.5 Closing. Closing of the repurchase shall be at a time and place selected by City,
but in no event later than 30 days after Exercise. At closing:
(a) Buyer shall deliver an updated title commitment and its general warranty
deed transferring title to the Subject Property (including all improvements and
appurtenant easements, if any), to City. This general warranty deed shall be
subject only to the matters set forth in the Deed and existing on the date of the Deed
to which these Covenants are attached, exclusive of any such matters that arose
from Buyer's activity with respect to the Subject Property. Within 10 days after
the closing, Buyer shall, at its expense, deliver to City a title insurance policy issued
by Land Title Guarantee Company ( "Title Company "), insuring marketable title to
the Subject Property in City in the amount of the Repurchase Price. The title
policy shall be subject only to the same exceptions included in the Deed delivered
to the Buyer by City. The standard printed exceptions contained in Title
Company's title policies shall be deleted.
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(b) City shall pay the Repurchase Price to the following persons in the
following order:
persons lawfully claiming mechanic's liens pursuant to section 38 -22 -101
et seq., C.R.S.
persons having a valid mortgage, deed of trust lien, or security interest on
the Subject Property or Improvements or any part thereof.
Buyer
(c) The Repurchase Price shall be adjusted for real Subject Property taxes
prorated to the date of the closing of the repurchase based on the most recently
available assessment and mill levy.
6.6 Continuation of Right. If City fails to give a Notice of Default or to Exercise, and,
consequently, City's right to repurchase on account of that default expires, such expiration shall
not affect City's right to repurchase arising from subsequent events of default under the provisions
of these Covenants.
7. Land Benefitted
These Covenants shall run with and burden the Subject Property and are for the benefit of
City and all land owned by City in the HARP Development. These Covenants shall be
enforceable only by City and its specific assigns pursuant to Section 11.2 below.
8. Release of Covenants
Upon completion of the improvements described in Section 3.1 above in compliance with
these Construction Covenants, and if requested by Buyer, City shall, within 10 days, execute and
record with the Pueblo County Clerk and Recorder an acknowledged written instrument referring
to these Construction Covenants and stating that the Construction Covenants are released. Upon
recording such instrument, these Construction Covenants shall automatically terminate.
Termination of the Construction Covenants shall not terminate or otherwise affect the Protective
Covenants.
9. Protection
9.1 Protection of Persons and Subject Property. The Buyer shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or
loss, caused by or resulting from Buyer's rehabilitation activities on the Subject Property and in or
near the HARP Development to:
(a) Employees on the Subject Property and for all members of the public at or near the
HARP Development including persons near City Hall or within the HARP Development;
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(b) Subject Property (including, without limitation, the HARP Development and the
Site Improvements) at or adjacent to the Subject Property, including party walls and common
components.
The Buyer shall comply with all safety laws and regulations and building codes and shall
provide reasonable safeguards for safety and protection, including posting danger signs and other
warnings notifying employees and members of the public of rehabilitation hazards.
The Buyer shall promptly remedy physical damage to the Subject Property and the HARP
Development caused in whole or in part by the Buyer, its contractors and subcontractors or anyone
employed directly or indirectly by any of them, or by anyone for whose acts they may be liable and
for which the Buyer is responsible, except for damage or loss attributable to the negligent acts or
omissions of the City or its contractors or subcontractors or anyone directly or indirectly employed
by the City.
10. Insurance
Prior to Completion of Rehabilitation. At all times while the Buyer is engaged in
preliminary work on the Subject Property or the HARP Development and during the period from
the commencement of rehabilitation until completion of rehabilitation, the Buyer shall carry and,
upon request, will provide the City and the HARP Authority with proof of payment of premiums
and certificates of insurance as follows:
(a) Builder's risk insurance (with a deductible not to exceed $25,000) in an
amount equal to 100% of the replacement value of the buildings being constructed at the date of
completion of rehabilitation. If a building is damaged or destroyed by fire or other casualty prior to
completion of rehabilitation, Buyer shall proceed forthwith to repair, reconstruct and restore the
damaged building to substantially the same condition or value as existed prior to the damage or
destruction, and the Owner, or whoever receives the proceeds, shall apply the proceeds of any
insurance relating to such damage or destruction to the payment or reimbursement of the cost of
such repairs, rehabilitation and restoration.
(b) comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations, and contractual liability insurance),
automobile and umbrella liability insurance with a combined single limit for both bodily injury
and Subject Property damage of not less than $3,000,000, naming the City and the HARP
Authority as additional insureds. Such insurance shall carry a deductible in an amount not to
exceed $2,500 per claim for Subject Property damage and $2,500 per claim for employee benefits.
(c) workers' compensation insurance, with statutory coverage, including the
amount of deductible permitted by statute.
The policies of insurance required under subparagraphs (a) through (c) above shall be
reasonably satisfactory to the City and the HARP Authority, placed with financially sound and
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reputable insurers, require the insurer to give at least thirty (30) days advance written notice to the
City and the HARP Authority as additional insureds, specifying that the insurance shall be treated
as primary insurance in each case.
All insurance policies required by these Construction Covenants shall contain clauses
waiving subrogation rights against the City and the HARP Authority.
11. Assigns
11.1 Buyer's Assigns. Buyer may not assign its rights and authority hereunder
unless it receives the express, written consent of the City and the HARP Authority. Any reference
to Buyer in these Covenants shall also refer to any approved successors or assigns of Buyer, or
subsequent owners, occupants or others having any interest in the Subject Property.
11.2 City's Assigns. City may assign its rights and authority hereunder by an
express written assignment referring to these Covenants, duly recorded. Any reference in these
Covenants to City shall also mean any such assigns.
12. Term
These Covenants, and any amendments hereto, shall remain in effect until January 1, 2016,
unless sooner released pursuant to Section 8 above.
13. Notices
Any notice or other document or materials required or permitted to be delivered under
these Covenants shall be in writing and shall be deemed properly delivered upon receipt by the
party to whom the same are to be delivered. Notices shall be addressed as follows:
If to City, to Pueblo City Manager, One City Hall Place, Pueblo, CO 81003, with
a copy to City Attorney, 501 N. Main Street, #203, Pueblo, CO 81003, and Executive Director,
HARP Authority, 125 Riverwalk Place, Pueblo, CO 81003.
If to Buyer, to SDL Properties, LLC, 112 West "D" Street, Pueblo, CO 81003.
Either party may, by notice properly delivered, change the persons named and address to which
subsequent notices shall be delivered.
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CITY: PUEBLO, A MUNICIPAL CORPORATION
By:
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this day of
2013, by Pueblo, a Municipal Corporation, by , as President of the
City Council of Pueblo, a municipal corporation.
Witness my official hand and seal.
My Commission Expires:
Notary Public
BUYER:
SDL Properties, LLC, a Colorado limited liability company
Gary Anzuini, Manager and Member
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this day of June, 2013
by Gary Anzuini.
Witness my hand and official seal.
My Commission Expires:
(SEAL)
Notary Public
7