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HomeMy WebLinkAbout09021 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO PROTECTIVE COVENANTS FOR LOT 1, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, COUNTY OF PUEBLO, STATE OF COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID AMENDMENT SUMMARY: Attached is a proposed Ordinance approving and authorizing the President of City Council to sign an “Amendment to Protective Covenants for Lot 1, Historic Arkansas Riverwalk Project, Filing One, County of Pueblo, State of Colorado” (Amendment”). PREVIOUS COUNCIL ACTION: None. BACKGROUND: The owners of the units of the Paseo Del Rio Development are in the process of updating the protective covenants which apply to the development. The intent of the attached Amendment to the covenants is to update the Common Area Maintenance (“CAM”) fees and to make the fees more fair and equitable. The amendment also clarifies the methodology to be used in assessing CAM fees. The City of Pueblo owns substantial real estate adjacent to and in the vicinity of the Paseo Del Rio Development. As a result, the covenants governing said development require that the City approve any amendments to the protective covenants. The majority of the owners of the Paseo Del Rio units have agreed to the attached Amendment to the covenants relating to CAM fees. Those unit owners have asked the City to sign the attached Amendment to the covenants. FINANCIAL IMPLICATIONS: None. The City of Pueblo does not own any units or real property within the Paseo Del Rio Development. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the owners of the Paseo Del Rio units will be unable to update the covenants as they pertain to CAM fees. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance and Amendment to Protective Covenants ORDINANCE NO. 9021 AN ORDINANCE APPROVING AN AMENDMENT TO PROTECTIVE COVENANTS FOR LOT 1, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, COUNTY OF PUEBLO, STATE OF COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID AMENDMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The “Amendment to Protective Covenants for Lot 1, Historic Arkansas Riverwalk Project, Filing One, County of Pueblo, State of Colorado” (“Amendment”) a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. The President of the City Council is hereby authorized and directed to execute said Amendment for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Amendment to effectuate the purposes of same. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED July 25, 2016 BY: Ed Brown PASSED AND APPROVED: August 8, 2016