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HomeMy WebLinkAbout13126RESOLUTION NO. 13126 A RESOLUTION APPROVING MODIFICATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND SCANIO FAMILY, LTD., OF TEXAS RELATING TO MODIFICATION OF COMPLETING CONSTRUCTION OF MAINTENANCE ROAD SET FORTH IN THE DECLARATION OF EASEMENT & AGREEMENT DATED APRIL 17, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Modification Agreement dated November 17, 2014 between the City of Pueblo, and Scanio Family, LTD., of Texas relating to modification of completing construction of maintenance road set forth in the Declaration of Easement & Agreement dated April 17, 2013, copies of which are attached, 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 Modification Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest to same. SECTION 3. The City Clerk is further directed upon execution and acknowledgement of the Modification Agreement to cause same to be recorded in the Office of the Pueblo County Clerk and Recorder forthwith. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all other acts consistent with the intent of this Resolution and the attached Modification Agreement to effectuate the transactions described therein. SECTION 5. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: December 8, 2014 BY: Chris Nicoll City Clerk’s Office Item # M-5 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: December 8, 2014 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION APPROVING MODIFICATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND SCANIO FAMILY, LTD., OF TEXAS RELATING TO MODIFICATION OF COMPLETING CONSTRUCTION OF MAINTENANCE ROAD SET FORTH IN THE DECLARATION OF EASEMENT & AGREEMENT DATED APRIL 17, 2013 SUMMARY: Attached is a Resolution modifying the completion date for the City to install a maintenance road related to the raw-water line installed from the St. Charles Reservoirs to Lake Minnequa. PREVIOUS COUNCIL ACTION: On April 8, 2013 City Council passed and approved Resolution No. 12638 accepting easements to accommodate the installation of a raw-water pipeline and twelve (12) foot maintenance road. BACKGROUND: Pueblo Board of Water Works, in cooperation with the City, installed a pipeline from the St. Charles Reservoirs to Lake Minnequa for transporting freshening water to help maintain higher water levels in the lake. This pipeline is within the described easements as approved by Resolution No. 12638. Also, within the easement a twelve (12) foot wide maintenance road still remains to be installed by the City. The installation was to be within 6 months from the date of the agreement which the timeline ended September 8, 2013. The agreement has a provision that allows for modifying with the approval of both parties. The revised completion date will be January 1, 2020 or at the time of development of the Scanio property adjacent to the easement. FINANCIAL IMPLICATIONS: There is no cost associated with the modification of the original agreement. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: Representatives for the Scanio Family, LTD., of Texas have met with the City to come to an agreeable date for the completion of the maintenance road. ALTERNATIVES: If the City does not amend the Declaration of Easement & Agreement the City will be at risk of being in default of the Agreement for the installation of the maintenance road. RECOMMENDATION: Approval of this Resolution. Attachments:  Resolution No. 12638  Modification Agreement  Resolution Approving Modification Agreement re: Resolution 13126 Reception 1992450 12/17/2014 02:50:45 PM • MODIFICATION AGREEMENT (/ THIS MODIFICATION AGREEMENT is entered into as of/741 -ln 2014 byand between Scanio Family, Ltd., ("Scanio") and the City of Pueblo ("City"). Y WHEREAS, Scanio and City made and executed Declaration of Easement & Agreement dated April 2, 2013 and recorded on April 17, 2013 as Reception No. 1940177 of the records of the Pueblo County Clerk and Recorder ("Agreement"), and WHEREAS, Scanio and City desire to modify and amend the Agreement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Scanio and City agree as follows: 1. Subsection C of Section 1 of the Agreement is amended to read as follows: City agrees to construct at its sole cost and expense a 12 foot wide maintenance road along the length of the easement. Construction shall be complete by January 1, 2020 or at the time of development of the property adjacent to that where said easement is located, whichever may occur first. The Easement and maintenance road shall be maintained in good repair and all costs and expenses of maintaining the Easement and maintenance road shall be paid exclusively by the City. The City further agrees either directly or through its Storm Water Utility entity to maintain in good order the Minnequa Feeder Canal as it is part of City's major drainage infrastructure. 2. Except as expressly modified by this Modification Agreement, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Scanio and City have caused this Modification Agreement to be executed on the day and year first above written. SCANIO FAMILY, LTD., a Texas limited partnership, By: The Scanio Family GP, LLC, General Partner By: A4C4444;0 and . cg;hd '614- Marion Rooke Scanio, Manager C. Don Reed, Manager 1992450 AGREE 12/17/2014 02:50:45 PM STATE OF TEXAS ) Cifbert2oiiz2c1e k1Reoordie r0 PuOebTolCou(1y, co ) ss. ®III iilla3C I :ill'i'iii'iiail;Jl FE likitl'a gr'liid id il III COUNTY OF NUECES ) The foregoing instrument was acknowledged before me this day of , 2014, by Marion Rooke Scanio and C. Don Reed as Managers of the Scanio Family GP, LLC, General Partner of Scanio Family, Ltd., a Texas limited partnership. Witness my hand and official seal My commission expires: [ E o*M;". TERESA LYNN WOODRUM > . 111.(0 sio-dh,fmfv __ ci 471,\ Notary Public :cit.,. PA J / STATE OF TEXAS Notary Public f.s-,; .•• My Comm.Exp.08-10-2017 > vvYvv vv v v v . .•- CITY: CITY OF PUEBLO, 44 & i° ock MUNICIPAL CORPORATION Q ' L° ° 0Nil\ i , i , \ .yl , ill. t._ .. ' 3 ' .s. • Pr= i•ent of the City Council 00 , / Attest: City rk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) h The foregoing instrument was acknowledged ,before me this day of J eeernb.er , 2014, by$ QheV) G. NCI wroCkt , President of the City Council of the City of Pueblo, a Municip I Corporation and Gina Dutcher, City Clerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal My commission expires:IrlU.tcii29,a0i"J [ SEAL]1 4 / / , v• JEANETTE R. GONZALES N. .,ry Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017