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
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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 >
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PA J / STATE OF TEXAS Notary Public
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CITY:
CITY OF PUEBLO,
44 & i° ock MUNICIPAL CORPORATION
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Attest:
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STATE OF COLORADO )
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COUNTY OF PUEBLO )
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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