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Home My WebLink About13938RESOLUTION NO. 13938 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND NEW HORIZONS MINISTRIES, INC RELATED TO THE DEFERRED IMPROVEMENTS FOR THE NEW HORIZONS 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 April 9, 2018, between the City of Pueblo, a Municipal Corporation, and New Horizons Ministries, Inc., 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: April 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 9, 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, Department of Planning & Community Development SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND NEW HORIZONS MINISTRIES, INC RELATED TO THE DEFERRED IMPROVEMENTS FOR THE NEW HORIZONS SUBDIVISION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement between the City of Pueblo, and New Horizons Ministries, Inc. related to the deferred improvements for the New Horizons Subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Resolution approves an Agreement between the City of Pueblo and New Horizons Ministries, Inc. related to the deferred improvements for the New Horizons Subdivision. City subdivision regulations require the property owner to place all existing lines underground and remove all affected poles. An Ordinance is being concurrently heard by City Council on April 9, 2018 to change the condition of approval for the New Horizons Subdivision to allow for the City to enter into a Deferred Improvements Agreement with New Horizons Ministries, Inc. for the future undergrounding of the existing utility lines and removal of affected poles. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Resolution, the placement of the overhead electric lines and removal of poles will not be deferred. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement Map of Parcel re: Resolution 13938 Reception 2114278 08/15/2018 01:04:00 PM AGREEMENT TO DEFER INSTALLING UNDERGROUND UTILITIES This Agreement is made effective as of vl 4 C.-h 27 , 20 1$, by the City of Pueblo, a Colorado Municipal Corporation(City), and N(I,w Ho-n I E.OYv. S rl. GS t C Yl,Com. ( a1-fhi C t ) (Subdivider). 1. The Subdivider wishes to subdivide the property legally described in attached Exhibit "A." (the Property). 2. The City agrees to authorize and approve subdividing the Property pursuant to the City's subdivision ordinances and related requirements. 3. As part of the subdivision approval process and subject to Section 12-4-7(c)(6) of the Pueblo Municipal Code, Subdivider is required and agrees to relocate and install underground the overhead electric lines and related equipment adjacent to the Property as provided and in compliance with the City's specifications and requirements. 4. The overhead transmission lines to be installed underground are located in the Elizabeth Street right-of-way from the south side of 30E' Street to the north subdivision line of New Horizons Subdivision. The relocation and installation of such electric lines will be completed by December 31, 2027 or at such time as directed by the Director of Public Works. 5. Installing underground the overhead electric and utility transmission lines will comply with the City's Rules and Regulations in effect when Subdivider is required to install them. 6. A sketch of the property to be served being subdivided and a survey of the overhead electrical lines are attached and made a part of this Agreement as Exhibits "B" and "C." 7. All recording fees for this Agreement and related documents will be paid by the Subdivider. 8. This Agreement shall be binding upon the heirs, personal representatives, administrators, successors, and permitted assigns of the respective parties. 9. ASSIGNABILITY 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. 10. SIGNATURES 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 1 2114278 08/15/2018 01 :04:00 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■III 14, 1t14;�, ��i NAV il�l�I��rE"� � lI II 1 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. 11. NO COSTS OR ATTORNEY'S FEES 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. 12. ENTIRE AGREEMENT: AMENDMENTS. 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. 13. APPLICABLE LAW This Agreement shall be governed by and construed according to the law of the State of Colorado. Venue shall be in Pueblo County, Colorado. 14. WAIVER 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. 15. COUNTERPARTS 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. 16. PARTIES BOUND BY AGREEMENT This Agreement is binding upon the Parties and upon their respective legal representatives and successors. 2 2114278 08/15/2018 01 :04:00 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co uiiI .r�r!�S�J F1417111 M 110111111011111111 11411114111 III 17. DISPUTE RESOLUTION 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 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. 18. EFFECT OF INVALIDITY 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 PUEB I, O 1 LORADO a Municip. corp. ation / n / q 1(X1 l� h LL. By �/ Acting City Clerk President of City Council Brenda Armijo Christopher A. Nicoll APPROVED AS TO FORM: F i City Attorney t SUBDIVIDER 7(4Z4V4-/RP— S gnature CFO Title Address 216— 275- 52112 Telephone Number ,maw La n k.wl cv . E-Mail Address STATE OF COLORADO ) ) SS COUNTY OF PUEBLO ) 3 2114278 08/15/2018 01 :04:00 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 11111 KIWI PLt1'L4 :# 'ki:i i rill(liNVRalNii.1114, 111 II 1 The foregoing was acknowledged before me this day of , 20 'l , by as President of City Council and , as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and offic' e 1. My Commission expires: c0 , / / Notary Public STATE OF COLORADO ) ) SS COUNTY OF PUEBLO ) vI The forego wa cknowled ed bef re me this g ,, day f f/ittl�j , 20 LC / , by ?LhJLP My Commission expires: 1,0 ` Wilri , Notary Fr owarm 1 MONTOM NOTARY Pue o f TATE OF COLORADG NOTARY ID 20/7TTM M,►eo�nesnN exMREs a�rrEw+eeRM;an w _, 4 ;�,