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Home My WebLink About13898RESOLUTION NO. 13898 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND BELMONT MANOR APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY RELATED TO THE DEFERRED IMPROVEMENTS FOR THE BELMONT MANOR SUBDIVISION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement related to the deferment of the improvements required by subdivision, dated February 26, 2018, between the City of Pueblo, a Municipal Corporation and Belmont Manor Apartments, LLC, a Colorado limited liability company, 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 Acting 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 authorized and directed to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to implement the transactions described there. SECTION 4. This Resolution shall become effective upon final passage and approval. INTRODUCED February 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-7 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: February 26, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND BELMONT MANOR APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY RELATED TO THE DEFERRED IMPROVEMENTS FOR THE BELMONT MANOR SUBDIVISION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement between the City of Pueblo and the Belmont Manor Apartments related to the deferred improvements for the Belmont Manor Subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Resolution approves an Agreement between the City of Pueblo and Belmont Manor Apartments, LLC related to the deferred improvements for the Belmont Manor Subdivision. City subdivision regulations require the property owner to place all existing lines underground and remove all affected poles. The Planning and Zoning Commission, at their November 8, 2017 Public Hearing, denied the request for a waiver from the requirements to underground the existing overhead electric lines, but instead, added a condition of approval that the existing overhead electric lines be placed underground upon future redevelopment of the property. The applicant agreed to this requirement. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 8, 2017 Public Hearing, recommended a condition of approval that the property owner provide a deferred improvements agreement to underground the overhead electric lines within the property upon redevelopment of the property. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Resolution, the placement of the overhead electric lines will not be deferred. RECOMMENDATION: Approval of the Ordinance. Attachments: Agreement Exhibit A-Map of Parcel re: resolution 13898 Reception 2102119 04/12/2018 03:34:27 PM AGREEMENT TO DEFER INSTALLING UNDERGROUND UTILITIES This Agreement is made effective as of ft a R U/1 R'l 2(. , 20 I$ , by the City of Pueblo, a Colorado Municipal Corporation("City"), and Belmont Manor Apartments, LLC, a Colorado Limited Liability Company("Subdivider"). WHEREAS, the Subdivider wishes to subdivide the property legally described in attached Exhibit "A." (the Property). WHEREAS,the Subdivider,as a condition of approval of the proposed subdivision of the Property,wishes to enter into this Agreement. WHEREAS,without this Agreement,the proposed subdivision of the Property would not meet the legal requirements and minimum standards necessary for subdivision approval under the Pueblo Municipal Code. NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, the City and Subdivider agree as follows: 1. As part of the subdivision approval process and pursuant to Section 12-4- 7(c)(6) of the Pueblo Municipal Code, Subdivider is required and agrees to (a)relocate and install underground all overhead utilities including electric lines and related equipment,whether currently existing or not("Utility Lines"), upon or related to the Property and proposed subdivision and in compliance with the City's specifications and requirements; and (b)to execute and provide any utility easement necessary to accomplish such relocation. A survey of the currently existing Utility Lines is attached and made a part of this Agreement as Exhibits "B." 2. The relocation and installation of such Utility Lines will be completed within one hundred and eighty(180)days after notice to perform such work is provided by City 1 2102119 04/12/2018 03:34:27 PM Page: 2 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk,Recorder; Pueblo County: Co 11111 PiPa nm i:I10'1111f00'110K 1 F1 +0L,4411111,4, i III to Subdivider. Such notice may be provided by City at any time City determines in its sole and absolute discretion that the Property is being redeveloped. 3. Installing the Utility Lines will comply with the City's Rules and Regulations in effect when Subdivider is required to install them. 4. All recording fees for this Agreement and related documents will be paid by the Subdivider. 5. This Agreement shall run be binding upon the heirs,personal representatives, administrators, successors,and permitted assigns of the respective parties. This Agreement shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado,and shall constitute an agreement running with the land and may be specifically enforced by City. 6. This Agreement shall neither be assigned nor transferred by either party without the prior written consent of the other party. Any assignment or attempted assignment violating this provision shall, at the non-assigning party's election,be deemed void and of no effect. 7. The persons signing this Agreement on behalf of each party represent and warrant that they and their respective party have the requisite power and authority to make, execute, and deliver this Agreement, and that this Agreement is a valid and legally binding obligation of such party and enforceable against it in accordance with its terms. 8. In the event of any litigation or other dispute resolutions process arising out of this Agreement, the Parties agree that each shall be responsible for its own costs and attorneys'or other fees associated with any such action. 2 2102119 04/12/2018 03:34:27 PM Page: 3 R 43. D 0.00 11 430 Gilbert Ortofiz7 Clerk/Recorder00 ; Pueblo Court.0y, Co III II 9. This Agreement constitutes the entire agreement between the Parties relating to the subject matter. All prior or contemporaneous oral agreements and discussions between the Parties or their respective agents or representatives relating to the subject matter are merged into this Agreement. This Agreement may be altered, amended, or revoked only by an instrument in writing signed by the Parties. Email and all other electronic (including voice) communications from either Party in connection with this Agreement are for informational purposes only. No such communication is intended by either Party to constitute either an electronic record or an electronic signature or to constitute an agreement by any Party to conduct a transaction by electronic means. Any such intention or agreement is expressly disclaimed. 10. This Agreement shall be governed by and construed according to the law of the State of Colorado. Venue shall be in Pueblo County, Colorado. 11. The failure of either Party to insist upon the strict performance of any provision of this Agreement or to exercise any right, power, or remedy upon a breach shall not constitute a waiver of that or any other provision of this Agreement or limit that Party's right to later enforce any provision or exercise any right. 12. This Agreement may be executed in multiple counterparts, each of which shall constitute an original and all of which,when taken together, shall constitute one agreement. 13. This Agreement is binding upon the Parties and upon their respective legal representatives and successors. 14. If a dispute arises between the Parties relating to this Agreement, the following procedure shall be followed: The Parties agree to meet and confer in good 3 2102119 04/12/2018 03:34:27 PM Page: 4 of 7 R 43.00 D 0.00 1 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 Fakir Ili,411'U40, 111.4J1' VI 11 II 1 faith to attempt to resolve any dispute, allowing a period of 30 calendar days for this process. If the Parties are unsuccessful in resolving the dispute in this manner,the Parties may pursue any available legal or equitable remedy. 15. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party or both Parties,the Parties will immediately negotiate valid alternative portion(s)to give as nearly as possible effect to any stricken portion(s). The parties have executed this Agreement on the day and year first above written. CITY OF P 0, COLORADO a M • 1p/� c orp• .tion -oda I • B L' Acting City Clerk-Brenda Armijo President o City Council-Christopher A. Nicoll APPROVED AS TO FORM: -7- C4/14:-%.4) . V I" City Attorney t SUBDIVIDE ��.I �-/! zLe (4 lgnature `�`Titte /'7 Gavd11"tx .0�----- Address _" C/O Vet � r13tr 4 LrZ'i Telephone Number .SAYS" 6 ✓, ire,.AC< tap E-Mail Address 4?c,7,,,.{, e , t c �Jc} STATE OF COLORADO ) 1' 1/4fr's-DC/ OttloiZe SS (i't, one-,f•yit,br 4 11, an dei-t C 4.-14 C,'n,.,. 2102119 04/12/2018 03:34:27 PM Page: 5 of 7 R 43.00 D 0.00 1 43.00 Gilbert Ortiz Clerk,/Recorder, Pueblo County, Co ■III 11,01.1 EAT .."1A:`kr:id 14 11111 COUNTY OF PUEBLO ) '// The foregoing was acknowledged before me this ,_, a9) day of ALOVeinC,e , 20 /-7 , by ¢ EEV,,.1 D A/L/z. as MA/Q,9 Gee of the Belmont Manor Apartments, LLC, a Colorado Limited Liability Company. My Commission expires: /A - u2/-/ aI Notary Public MONA ESSARY 4 Notary Public State of Colorado Notary ID 20114079774 j Commission Expires Dec 21, 2019 I 5 2102119 04/12/2018 03:34:27 PM Page: 6 of 7 R 43.00 De 0.00 T 43.00 Gilbert Ortiz ClerklRecorder, Pueblo County. Co Exhibit A Deferred Improvements Agreement Belmont Manor Apartments, LLC—Re-Subdivision Current legal description: A certain parcel of land in Parcel"D"of Belmont Twentieth filing,according to the recorded plat thereof,filed for record on June 25, 1959, being more particularly described as follows: Commencing at the southeast corner of parcel"D", Belmont twentieth filing;thence north 89 degrees 46 minutes west and along the south line of parcel"D",a distance of 71.79 feet;thence along the arc of the curve to the right whose radius is 465.00 feet,and along the southerly line of parcel"D";a distance of 143.47 feet to the point of beginning;thence north 0 degrees 14 minutes east,a distance of 405 feet, more or less,to a point on the southerly right of way line of U.S. Highway#50 by-pass,as presently located;thence along the southerly right of way line the following 2 courses: 1. Along an arch of a curve to the right whose radius is 2965.0 feet,a distance of 467.22 feet 2. Thence north 75 degrees 22 minutes west,a distance of 107.00 feet;thence south 0 degrees 05 minutes 37 seconds west,a distance of 421.32 feet to the southerly line of parcel "D"; thence along the southerly line of parcel "D"the following 4 courses: 1. North 71 degrees 44 minutes east a distance of 86.16 feet; 2. Along an Arc of a curve to the right whose radius is 365.00 feet a distance of 293.04 feet; 3. South 62 degrees 16 minutes east a distance of 138.50 feet; 4. Along an arc of a curve to the left whose radius is 465.00 feet;a distance of 79.71 feet to the point of beginning. County of Pueblo;State of Colorado;containing 4.594 acres,+/- Legal description after re-subdivision: PARCEL A, BELMONT MANOR SUBDIVISION, in the City of Pueblo, County of Pueblo,State of Colorado 2102119 04/12/2018 03:34:27 PM • • Page: 7 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co liii kilid11�1r,a1�; l‘111«151 lAllifAlL«'.'I*t 'ri,il,i Ii III IW Aillil / / , I / . - - . • / i XISTING OVERHEAD UTILITY LINE (TYP.) I P�£ I N�psp1 - I• N 10' UTILITY EASEMENT I --" \ (RECEPTION 1100573 I C ' BELMONT TWENTIETH FILING)---1 I m g I r- I 1 rn BELMONT MANOR I. I q SUBDIVISION 1 1 PARCEL A 1 4.594 ± ACRES � S I I 91 I ' I 1 I / i iz 1' / a / / Oi XISTING UTILITYifr o I POLES (TYP.)/I � I 30--�-A`'r 1 I •I I I I I 1 1 1 I I I I I I MMWOMMAI Drawn By: JDL 'IIIIII'IIIhhIuuIHhIIllIb1111ZUTh s "T:2Checked By:REL EXHIBIT — B COMM EXISTING OVERHEAD LEVERINGTON "' �:€'"� scale: 1 =1 i 1'7 UTILITY LINES Scale: 1 —1 1� &ASSOCIATESIFnoneers•surwwr