HomeMy WebLinkAbout08924ORDINANCE NO. 8924
AN ORDINANCE APPROVING AN AMENDMENT TO THE
ANNEXATION AGREEMENT FOR THE AREA COMMONLY
KNOWN AS REGENCY PARK WEST, AS APPROVED BY
ORDINANCE NO. 7001, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment amending the Annexation Agreement approved by Ordinance
No. 7001, 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 the Amendment in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and
attest same. Upon execution and acknowledgment of the Amendment by all parties
thereto, the City Clerk shall record the executed and acknowledged Amendment in the
records of the Pueblo County Clerk and Recorder.
SECTION 3.
This Ordinance shall become effective immediately upon passage and approval.
INTRODUCED: September 14, 2015
BY: Ed Brown
PASSED AND APPROVED: September 28, 2015
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 14, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE ANNEXATION
AGREEMENT FOR THE AREA COMMONLY KNOWN AS REGENCY
PARK WEST, AS APPROVED BY ORDINANCE NO. 7001, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
SUMMARY:
Attached is an Ordinance for City Council consideration that will amend the Annexation
Agreement for the Regency Park West area concerning the funding and timing of
recreational trail improvements within the residential development.
PREVIOUS COUNCIL ACTION:
On June 9, 2003, City Council approved Ordinance No. 7001 annexing the Regency Park
area into the City and approving an Annexation Agreement associated therewith.
BACKGROUND:
As proposed, the property owners and developer request approval to phase recreational
trail improvements associated with the residential subdivision’s public improvements. The
remaining trail improvements will be divided into four (4) phases of construction triggered
for completion at the respective 12, 36, 52and 54building permits.
ththnd th
FINANCIAL IMPLICATIONS:
No direct financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
Not applicable.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Amendment to Annexation Agreement Case No. A-02-05
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
III EiPd�ilindahia'al �� � ®III
AMENDMENT TO ANNEXATION AGREEMENT
CASE NO. A-02-05
This Amendment to the Annexation Agreement, Case No. A-02-05 (the "Amendment")
entered into as of SGii 7' , 20'3, by and between the City of Pueblo, a Municipal
Corporation, (the "City") and Christine Hudspeth Pohja, Lee Ann Gottfried, Melanie
Mellenbruch, Jaime Hudspeth, Phil K. Hudspeth IV, and Polly Kay Venard, individuals, the
Kerry L. Lorincz 1989 Revocable Trust, a California Revocable Trust, Top Land Development at
West Lee Hills, LLC, a Colorado limited liability company, and Top Land Development, LLC, a
Colorado limited liability company (herein, collectively, the "Petitioners"), WITNESSETH
WHEREAS, the term "Property" as used herein means and includes the real property
described in Exhibit A to the Annexation Agreement, Case No. A-02-05, dated June 9, 2003 and
recorded August 4, 2003 at Reception No. 1517522 in the office of the Pueblo County Clerk and
Recorder(the "Annexation Agreement")
WHEREAS, Petitioners represent and warrant that they are the owners in fee simple of
all property located within Phases 1 b, 2, 3 and 4 of the Master Plan referred to in the Annexation
Agreement.
WHEREAS,. the Petitioners have requested certain amendments be made to the
Annexation Agreement in order to assist Petitioners in proceeding with its development of the
annexed property, and City is willing to amend the Annexation Agreement for such purposes
upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, Petitioner and City agree as follows:
1. Section 6. of Exhibit C, Special Improvements, Dedications, and Impact Fees,
Regency Park West Annexation Agreement, Case No. A-02-05 is hereby amended to read as
follows:
6. Trail Right-of-Way Dedication and Construction
a. General. Petitioners shall within one-hundred and eighty
(180) days of the date of the amended annexation agreement, dedicate or
cause to be dedicated the remaining portion of the 20' wide recreational
trail right-of-way along the banks of the two arroyos,providing for both a
• surface crossing and a possible future trail underpass below Lehigh
Avenue, connecting to the City's Hudspeth Park property and a crossing
of the north and south arroyo, as shown on attached Exhibit C-3. The
right-of-way shall be located outside the prudent line setback of the 100-
year flood plain paralleling the arroyos, except for the portion of the
right-of-way that passes across the Goodnight Arroyo connecting the
trails and the section of the right-of-way that could be utilized for a future
trail underpass below Lehigh Avenue. The alignment of the trail right-of-
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way shall be acceptable to the City's Director of Parks and Recreation.
The Petitioners shall be responsible for all costs incurred for the
dedication of the trail right-of-way to the City.
b. Phase 1 a. Petitioner shall construct the 10' wide concrete
Recreational Trail for Phase 1 a of the Master Plan, as depicted in Exhibit
C-3 hereto, not later than December 31, 2013. If the Recreational Trail
identified for Phase 1 a is not constructed and completed by said date, no
building permits shall be issued for construction of lots within Phase 1 b
of the Master Plan.
c. Deadlines for Phases 1 b, 2, 3 and 4. Petitioners shall, not
later than the issuance of the building permit identified in the table below
for construction of a primary structure upon lots located within each
Master Plan Phase, as shown on the attached Exhibit C-3, construct at its
sole expense the corresponding portion of the 10' wide concrete
Recreational Trail as shown on Exhibit C-3 within the dedicated trail
right-of-way between the north and south boundaries of the Property.
Master Plan Phase Building Permit Number
within Phase
l b 12th
2 36th
3 52nd
4 54th
d. Construction Requirements; Building Permit Moratorium.
The construction of the recreational trail as shown on Exhibit C-3 must
be in compliance with the City's standard construction specifications and
standard details then in effect, and in an alignment as shown on plans and
profiles approved by the Director of Public Works. If the concrete trail
is not constructed within said period, all then existing and outstanding
building permits for construction within the property, except those
building permits under which actual construction commenced prior to the
expiration of said period, shall be canceled, and no new building permits
shall be issued for the applicable Phase and any subsequent Phase.
e. Escrow.
(A) Escrow Requirements. In addition to the
requirements and limitations set forth in subsections a through d
above, in order to assure funding for the installation and
construction of the Recreational Tail for Phases 1 b, 2, 3 and 4 by
the developer of those Phases of the Master Plan Area, a specified
amount upon the sale of each residential lot and acre of
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commercial land within said Phases lb, 2, 3 and 4 of the Master
Plan Area shall be deposited into an interest bearing escrow
account with the City. The developer of each said Phase shall
enter into an Escrow Agreement with the City for the purpose of
establishment of the Escrow Account and deposit of such
amounts. The developer shall deposit into the Escrow account
$425 for each one (1) lot and $1,150 for each acre of commercial
land (pro-rated for parcels of less than one acre) sold by developer
or developer's successors in interest. The amount to be deposited
shall be deposited at the time of the initial sale of each lot or acre
in an approved subdivision, special area plan or planned unit
development, whether by individual lot or acre, or multiple lots or
acres, or en mass. No building permit will be issued for any
residential lot or commercial land within Phases lb, 2, 3 or 4 of
the Master Area Plan until the required deposit thereof has been
made. The agreement for the escrow account shall be in
substantially the same form and content as the Escrow Agreement
attached as Exhibit "C-4" hereto. Funds deposited in the escrow
account and all earnings thereon shall be used solely for the
construction and installation of the Recreation Trail. The
Recreation Trail segments and their estimated costs are set forth
in attached Exhibit "C-5".
(B) Deposit Adjustment. On January 1, 2014 and on
January 1 of each subsequent year, the amounts to be deposited
per lot and per acre shall be increased or decreased by a
percentage equal to the percentage increase or decrease of the
Consumer Price Index for the preceding year. The Consumer
Price Index shall be the Consumer Price Index (CPI) for All
Urban Consumers for Denver — Boulder — Greeley (CPI-U)
published by the Bureau of Labor Statistics of the United States
Department of Labor (the "Bureau"). If the Bureau ceases to
publish the CPI-U or materially changes its computation, the City
shall select a comparable alternate inflation index which reflects
increases or decreases in cost of living published by a responsible
financial periodical or recognized authority.
(C) Release of Deposits. Fifty Percent (50%) of the
deposits attributed to a Phase of the Master Plan shall be released
to the developer upon completion and acceptance of the
Recreation Trail improvements for such phase. The remaining
50% of the deposit shall continue to be retained in escrow until
the Recreation Trail for all phases of the Master Plan have been
completed and accepted by the City.
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Gilbert Ortiz Clerk/Recorder, Pueblo County; Co
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(D) Use of Deposit on Default. In the event of
default by developer in the installation of the Recreation Trail
with respect to any Phase, the funds on deposit in the escrow
account shall be first used by the City for the installation and
construction of all or part of the Recreation Trail adjacent to
Phase lb of the Master Plan Area. Thereafter, funds on deposit in
the escrow account will be used for construction and installation
of the Recreation Trail identified to each subsequent Phase from 2
through 4 of the Master Plan Area. If a dispute develops between
the City's Director of Public Works ("Director") and Developer
regarding the use of the funds in the escrow, developer shall
submit to the Director and the City Manager a written notice
specifying the existence and nature of the dispute. If the Director
and developer are unable to resolve the dispute within thirty (30)
days after developer's notice to the City, the City and the
developer shall submit the dispute to a mutually acceptable
qualified civil engineer for resolution by non-binding arbitration.
All costs of such arbitration including the arbitrator's expenses
and fees shall be shared equally by the City and developer
provided the City and developer shall pay their own costs and
expenses including attorney fees and expert witness fees
associated with such arbitration. The decision of the non-binding
arbitration shall be made within 120 days. If developer or the
City refuse to accept the determination by non-binding arbitration,
then the City Planning and Zoning Commission, after full
consideration of the determination by non-binding arbitration and
other such matters as it shall deem relevant, shall make a final
determination.
(E) Developer's Obligation. The obligation to
install and construct the Recreation Trail is and at all times
remains the obligation of the developer of the Master Plan Area
and not the obligation of the City. If funds on deposit in the
escrow account are inadequate for completion of the Recreation
Trail, developer shall remain responsible for its completion.
(F) Termination of Escrow. If developer for
whatever reason ceases to be the developer of the Master Plan
Area, developer's right, title and interest in and to the escrow
account shall automatically terminate.
(G) Release. The City shall release the individual
lots and commercial land from the provisions of Section 6e of
Exhibit C of the Amended Annexation Agreement upon payment
of four hundred and twenty-five Dollars ($425) for each
residential lot or one thousand one hundred and fifty Dollars
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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($1,150) for each acre of commercial land. The Director of
Public Works is authorized to execute and issue such releases in
the name of the City. The release shall be in a form acceptable
for recordation, including but not limited to the legal description
of the specific property to be released.
2. The Annexation Agreement, as amended herein, shall continue in full force and effect,
inuring to the benefit of and binding on Petitioners and City, and their respective successors and
assigns, and shall be binding upon the Property and run with the land.
o
• cut; . 8,=,.lo, Colorado as of the day and year first above written.
M� ��'�% / b. ' CITY OF PUEBLO a, , Its
Munici.. • •.oration
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Att >> --- +-• : . Presi.en o e City Council
.ifs
APPROVED AS TO FORM:
>a„,„..,,,P. . .4611,9 VA.'"----
City Attorney
PETITIONERS:
[ SEAL] C____- / ry
PHIL K. HUDSPETH IV
Attest:
By
Title
CHRISTINE HUDSPETH POHJA
[ SEAL ]
By /�
Attest: Phil K. udspeth IV, her Attorney in fact
By
Title
LEE ANN GOTTFRIED
[ SEAL ]
By 7'2"--//-
Attest: Phil K. Hudspeth IV, her Attorney in fact
By
Title
MELANIE MELLENBRUCH
[ SEAL]
y-------
Attest: Phil K. Hudspeth IV, her Attorney in fact
By
Title
JAIME HUDSPE H
[ SEAL]
By
Attest: Phil K. Hudspeth IV, her Attorney in fact
By
Title
POLLY KAY VE ARD
[ SEAL ]
By U ,
Attest: Phil K. udspeth IV, her Attorney in fact
By
Title
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
5G
'4' Y L. LORINCZ 19! '
VOC• ! E TRUST, a C. ornia
Revoc. e Trust
[ SEAL ]
By
Attest: . y L. Lorincz, Trustee
By
Title
TOP LAND D VELOPMENTVLLC
By:
_
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this ay of 62{71e.rnbe.r,
20 E, by S ht.r'1 6. N pt,u}ro Cki as President of City Council and
Gina. Du-i-e'he-r as City Clerk of Pueblo,a Municipal Corporation.
Witness my hand and official seal.
My commission expires: pa-14-.A01(.0
[ SEAL...'....'•.
,••��1.1OTAR �o: .
Notary Public
Pueuc Sr
N EXPIRE
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
���
111116101111191140561 cl111101 111141 11111111141 MiII
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' GilberP Ortiz Clerk/Recorder,cor;ar, P ��+�County,�G°I'1 � �� IIII
ill ki�l nfAi tril r` I 1111 41
STATE OF CZ) i )
COUNTY OF , .0 ) ss.
The foregoing instrument was acknowledged before me this day of j , , ' ,
20 1`✓,by Phil K. Hudspeth N, an individual, and as attorney in fact for Chris e -.speth
Pohja, Lee Ann Gottfried,Melanie Mellenbruch ,Jaime Huds'eth and Polly Ka Venard.
JAYMI R MUCO
Witness my hand and official seal Notary Public
State of Colorado
My commission expires: Qi t2700/ Notary ID 20104003298
M Commission E .it s Jan 27,2018
[ SEAL] I j-.)°
•.
o01#0f-
,41r4 4tary Pu.I.
mal.
STATE OF ) kk4-C/
COUNTY OF ) SS. (�zL
The foregoing ins ent was acknowledged befor, me this day of ,
20 ,by Kerry L. Lori , , Trustee for the Kerry L. L. ncz 1989 Revocable Trust, a ' alifornia
Revocable Trust.
Witness , y hand and official seal
M commission expires:
[ SE L]
Nota , 'ublic
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.
The foregoing. instr ment was acknowledged before me this 12,, day of (�,(,(i ,
20 15,by c��. _ CACi ��'LI as the 1' f\. l
for Top Landvelopment,LLC.
Witness myhand and official seal. RONI VIGIL
NOTARY PUBLIC
My commission expires: ` NOTARY STATE OF COL?,6 �;9P
ID 2O030394/" ,
COMMISSION EXPIRES NOV,EMBER'19'2015
[ SEAL]
Notary Public
,
__
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IIIni:74110.111V111:10111'411:1116igliill 11111
KERRY L. LORIN-CZ 1989
REVOCABLE TRUST, a California
/ Revocable Trust
[ SEAL ]
Attest: By
Ken L. orincz Trustee
By
Title
• TOP LAND DEVELOPMENT,LLC
By:
Name:
Title:
STATE OF COLORADO
COUNTY OF PUEBLO ) ss.
The foregoing instrument was acknowledged before me this day of
by -- a., President of City Council .n,1
as City Clerk of Pueblo,a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
[SEAL}
Notary Public
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
. ., * , : aOTAW.', mt.1074.P1WP4dti . . .. . 4E.'N
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
State of California
County of San Benito )
On .j ( 2 I 20 15 before me, Dara C. Tobias,Notary Public,
Personally appeared <i 'r L. vi
Who proved to me on the basis of satisfactory evidence to
be the person(e)whose names(8) is/are subscribed to the
within instrument and acknowledged to me that
.kelshe/they executed the same in his/her/their authorized
____.._____ capacity(i.es), and that by his/her/their signature('on the
DARA C.TOBIAS
commission•1987082 instrument the person(4, or the entity upon behalf of
_Notary Public-California which the persons acted, executed the instrument.
Nom' San Benito County _ �.x._ >�,:
M Comm Ex fires Au. 3,2016
I certify under PENALTY OF PERJURY under the laws Li=
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
4:66t
Signature:
Place Notary Seal Above ignature of Notary Pu lic
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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