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Home My WebLink About13670 RESOLUTION NO. 13670 A RESOLUTION APPROVING AN AGREEMENT BETWEEN WL ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION FOR SANITARY SEWER IMPROVEMENTS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated April 24, 2017, WL Enterprises, a New Mexico Limited Partnership and the City of Pueblo, a Municipal Corporation for the extension of sanitary sewer improvements, a copy of which is attached and incorporated, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest to the same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the transactions described there. SECTION 4. This Resolution shall become effective upon final passage and approval. INTRODUCED April 24, 2017 BY: Robert Schilling City Clerk’s Office Item # M-10 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 24, 2017 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: A RESOLUTION APPROVING AN AGREEMENT BETWEEN WL ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION FOR SANITARY SEWER IMPROVEMENTS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement between the WL Enterprises (the “Developer”) and the City of Pueblo for the extension of sanitary sewer improvements related to the Southern Colorado Clinic Annexation property and the Developer’s long range plans north of U.S. Highway 50 West. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Resolution approves an Agreement that commits the Developer to undertake sharing the cost of the installation of an eight (8) foot high chain link fence, approximately two thousand four hundred twenty-five (2,425) feet in length, on the property owned by Glenn H. Kittinger Trust and the Betty J. Kittinger Trust, along the east side of the Wild Horse Arroyo. The Agreement provides for the Developer to assume and pay fifty percent (50%) of City’s financial costs, expenses and obligations under Section 11 of the Easement Agreement between the City and the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust. FINANCIAL IMPLICATIONS: The Developer will reimburse the City an amount totaling 50% of the financial costs, expenses, and obligations for the construction of an eight (8) foot high chain link fence, approximately two thousand four hundred twenty-five (2,425) feet in length. The estimated total cost of the fence is $22,000, of which $11,000 will be charged to the City of Pueblo Wastewater Enterprise Fund. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Resolution, other options including the condemnation of an easement crossing the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust Grantors’ property will need to be considered for wastewater service to be provided for the Southern Colorado Clinic property. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement re: Resolution 13670 Reception 2073118 06/14/2017 03:27:51 PM AGREEMENT THIS AGREEMENT ("Agreement") entered into as of this 24th day of April, 2017 between WL Enterprises, LTD, a New Mexico Limited Partnership (the "Developer"); the City of Pueblo, a Municipal Corporation (the "City"), WITNESSETH: Recitals A. The City is entering into an Easement Agreement of even date herewith with the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust ("Easement Agreement"). B. The Easement Agreement is consistent with and advances the Developer's long range development plans along the U.S. Highway 50 West corridor. C. To bring the sanitary sewer line described in the Easement Agreement to fruition, the Developer is willing to undertake the obligations described herein. Agreement NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, City and Developer agree as follows: 1. Section 11 of the Easement Agreement provides as follows: Chain Link Fence. Grantee will construct, at no cost to Grantor, an eight (8) foot high chain link fence, approximately two thousand four hundred twenty-five (2,425) feet in length, on the Grantor's property along the east side of the Wild Horse Arroyo. The fence will begin at the northern end of the existing fence and extend along the east side of the Wild Horse Arroyo to the north corner of Grantor's property that adjoins the property owned by the Pueblo YMCA. 2. Developer hereby agrees to assume and pay fifty percent (50%) of City's (Grantee's) financial costs, expenses and obligations under Section 11 of the Easement Agreement. 3. Notices. Any notice required or permitted to be given or delivered under this Agreement shall be in writing and shall be given: (a) If to City, by personal delivery, or by the United States Postal Service, by registered or certified mail, postage prepaid, addressed to: -1- 2073118 AGREE 06/14/2017 03:27:51 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III 1:1NRti:HIT IM Iw''1111.1 fr ir ��Y�� II ill City Manager City of Pueblo 1 City Hall Place, 2nd Floor Pueblo, Colorado 81003 (b) If to Developer, by personal delivery, or by the United States Postal Service, by registered or certified mail, postage prepaid, addressed to: WL Enterprises, LTD P.O. Box 11677 Pueblo, CO 81001 or to such other address or person as any party may from time to time specify in a writing delivered to the other parties in the manner provided in this paragraph. Notices given hereunder shall be deemed given, in the case of personal delivery, on the date delivered, in the case of delivery by mail, on the second business day after delivery to the United States Postal Service. 4. Modification. No subsequent modification of any of the terms of this Agreement shall be valid or binding upon the parties or enforceable unless made in writing and signed by the parties. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, and any prior statements, representations or agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. 6. Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 7. Validity. If any provision of this Agreement shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 8. Applicable Law and Jurisdiction. This Agreement will be construed and enforced in accordance with the laws of the State of Colorado (without giving effect to its choice of law principles). In the event of litigation, this Agreement shall be enforceable by either Developer or the City. In the event of any dispute over this Agreement or its subject matter, the exclusive venue and jurisdiction for any litigation arising hereunder shall be in the District Court of Pueblo County, Colorado and each Party hereby submits to the jurisdiction of said state District Court. To the full extent permitted by law, each Party hereby waives its right to a jury trial 9. Interpretation. Whenever the context so requires, the singular number shall include the plural and the plural the singular, and the use of any gender shall include all -2- 2073118 AGREE 06/14/2017 03:27:51 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 PermlniJIgifit I•iirTi ',ilitt ' Li 11111 genders. 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one agreement. 11. Third Parties. City and Developer are the only parties to this Agreement and are the only parties entitled to enforce this Agreement. Nothing contained in this Agreement nor any provision hereof is intended to give or shall be construed to give or confer, directly or indirectly, or otherwise, upon any third party, any right, remedy or benefit hereunder. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year first above written. CITY: CITY OF PUEBLO, A MUNICIPAL CO"• 'ATION By: dairrijj. • President t Counci . tephen G. Nawrocki ATTEST: [ S E A L J -- ncLa Q ot1utt City Clerk: Gine Dutchor- enda Ar ryl'd t, DEVELOPER: WL Enterprises, LTD. By: Name: Title: Attest: Name: Title: -3- • 2073118 AGREE 06/14/2017 03:27:51 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co genders. 1111 IIMINCMIXIIN E a riejAVIVINIIiii 11 II I 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one agreement. 11. Third Parties. City and Developer are the only parties to this Agreement and are the only parties entitled to enforce this Agreement. Nothing contained in this Agreement nor any provision hereof is intended to give or shall be construed to give or confer, directly or indirectly, or otherwise, upon any third party, any right, remedy or benefit hereunder. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year first above written. CITY: CITY OF PUEBLO, A MUNICIPAL CORPORATION By: President of the City Council ATTEST: [ S E A L ] City Clerk DEVELOPER: WL Enterprises_ LTD. / By: 1.ai G O ,�. I, , , i. , .,Z. - - i . . ) /Id. Name: eP. :�ro,tirs IrOt r Title: 4e(9./FA pQ , Attest: N'- I _ r `� Name: , co`_ `t�"– Title: i'' .rr s Ze WI— „, - tris. . _ , -3-