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HomeMy WebLinkAbout10079Reception 2281871 06/22/2022 04:11 :28 PM ORDINANCE NO. 10079 AN ORDINANCE APPROVING THE LAKESHORE ESTATES, FILING NO. 3 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Lakeshore Estates Filing No. 3 Subdivision, being a subdivision of land legally described as: A parcel of land located in the Southwest one-quarter of Section 14, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: A resubdivision of Lot 2, Lakeshore Estates No. 1 according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder of Pueblo County on April 9, 1974 at Book 1778 at Page 64 at Reception No. 469479. Containing 2.957 acres, more or less. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance 22.81871 06/22/2022. 04:11 :28 PM Pag€: 2 of 3 t 2/ 3.00 pe 0.00 T 23Co.00 Silbert Qrt;r. Glerk/Recorder P.:ehlo unty. Co ■III ! 1 ' I' , ° kilirritWITI16510,1114, III II or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are authorized and to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 13, 2021. Final adoption of Ordinance by City Council on December 27, 2021 . 4:67;4 President of City Council 2281871 06/22/2022 04 11.28 PM Page 3 of 3 R 23.00 U 0.00 T 23.00 Gi,Jbert Ortiz Clerk/ eccrder Pueblo Ccimtv, Co kir rp"Z VIi11'114111 aL'F 'IVr," ' '"4 f!Yu' li II Action by the Mayor: Approved on /A-36--42. . ❑ Disapproved on based on the following objections: 16.44 May--)4640 - Action by City Council After Disapproval by the Mayor: O Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST ,01..131,o,co o Deputy City Clerk ' 10 ' -4-1::::;;,"1",-..-vs,1::::; "1", ' + \foAt kM City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 13, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE LAKESHORE ESTATES, FILING NO. 3 SUBDIVISION SUMMARY: The applicant is requesting to re-subdivide lot 2, Lakeshore Estates Filing No.1, into two lots. The subdivision is approximately three (3) acres and is generally located northeast of the intersection of West Pueblo Boulevard and Acero Avenue. PREVIOUS COUNCIL ACTION: City Council approved the Lakeshore Estates Filing No. 1 on February 11, 1974, by Ordinance 3812. City Council approved the Lakeshore Estates Filing No. 2 on June 10, 1974 by Ordinance 3876. BACKGROUND: In 1974, Lakeshores Estates Filing No. 1 was platted creating two lots north of Pueblo Boulevard and east of Mirror Avenue. The applicant is requesting to subdivide Lot 2, the westerly Lot, into two smaller parcels which will facilitate redevelopment along a busy arterial highway for commercial development. The applicant does not have redevelopment plans at present, but the arrival of a national restaurant chain, next door, has increased the demand for additional developable sites on a smaller scale than the existing 3 acre lots. The northerly 70 feet of Lot 2 will be dedicated for access and a utility easement. The easement continues west through adjacent lots and serves as the primary access from Acero Avenue. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 10, 2021 Regular Meeting, voted 6-0 to recommend approval, Commissioner Schilling absent. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided which will impede development of the site. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance. Minutes of the Planning and Zoning Commission November 10, 2021 Public Hearing Memorandum from the Department of Public Works Dated November 18, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits Reception 2281873 06/22/2022 04:11:28 PM SUBDIVISION‘/Ig AGREEMENT THIS AGREEMENT is made on Y 0/ f(4 , /7101Z , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and t1 ' 0 L9M,4 / 1i $ e/y ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit"A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of ,,a I suis jw, 3 ("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements"); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit"B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ("Plans and Documents"). WHEREAS,by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 August 2019 2281873 06/22/2022 04:11:28 PM Page'. 20 of 9 R 53. 0.00 1l 53.Cou00 Gilbert Ortiz Clerk/Recorder00D , Pueblo nty. Co 1F.Cr itiliNI 4 `w l ilul nli t L117.1141, , III II! collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets,the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half(1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid-block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 101 2 August 2019 2281873 06/22/2022 04:11:28 PM Page: 3 of 9 R 53.00 0 0.00 T 53.00 Gilbert Ortiz ClerkiPecorder. Puebla County Co viii I fffilliVllgellillEh itla«CT111. kr:11 A11111 1111 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights-of-way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the DPW 101 3 August 2019 2281873 06/22/2022 04.11.28 P11 P : 4 53. 0.00 T 53.00 Gilbageert Ortof 9 iz CierkR /Recorder00D .. Pueblo County, Cc 1111 kira121414rf1aa 11-M:0.1 1#21V.111.ii rri eI II I rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities"), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right(but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit"B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public DPW 101 4 August 2019 2281873 06/22i2022 04:11.28 PM Pauert50rofiz9C1Rk5.00 Dr0 F00bTo53 00Y Co illi .ri NIL1 4 ilh , r, Mid ii II I Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re-alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4- 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit"B", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit "B"by the Director of Public Works. 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. DPW 101 5 August 2019 2281873 08/22/2022 04:11 :28 PM Page: 60 of 9 R 53.00 0 0.00 T 53.00 Gilbert Qrtiz C,erkIReoar•der, Pueblo C:aunty. Co VIII Pral.IETTIF liti,M11:1;11010.11V.I1.ii i 111 II I 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and 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 until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. nr 6',".aiiiii-il GKC l a;2a /9i 44/l/ 1/1 ''.`1 7 / DANIEL J.ACKERMAN Subdivider MG HAMMER LLC, A COLORADO LIMITED LIABILITY OMPANY NOTARY PUBLIC(SEAL) NOTARY ID20/74035 80 By: �`—MY COMMISSION EXPIRES AUG 22,2025 MAf/Xc,, .;.' GRAN , MANAGER By: b n.v+ilEL S . Ac.14 Mei A$) The foregoing instrument was acknowledged before me on MARCH LE.; , 20 22 , by tliputiC 6.12A141 1 MA NA&E R of M 6 tiAripiek. l...t,_G , Subdivider. MARK GRANT, MANAGER OF MG HAMMER LLC, A COLORADO LIMITED LIABILITY COMPANY My commission expires: A v 40 % 1 - ,, , 7,:-fr ,, , f, fr-:%.,_..-_,_ _ ;3 -4 ;4, .�4 ' • Notary Public r, • PUEBLO, a Municipal Corporation ' " t-x 't Mayor of Pueblo, Co orado ATTEST: S' �° -' City Cle140 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The forego' g instrument was acknowledged before mF tt is 7 day of, �� , 2 by A//c469 +'�i/coo /e.. cxcl��5� , as Mayor o Pueblo, Colorado, and i�'(�/A—'.4�z. ` . as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: 7,9440.2.3 Eilene Tracey Sample NOTARY PUBLIC L!Z� Q tSEAL STATE of COLORADO Not Public [ NOTARY ID#20074038010 MY COMMISSION EXPIRES 10/10023 APPROVED AS TO FORM: DPW 101 6 August 2019 City Attorney 2281873 06/22/2022 04:11 :28 PM Page: 7 of 9 R 53.00 C 0.00 T 53.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIIIRIVIIIVIIIMiemmiroirammonytiyi 11111 DPW 101 '7 August 2019 Exhibit A Land Description A parcel of land located in the Southwest one-quarter of Section 14,Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: A resubdivision of Lot 2, Lakeshore Estates No. 1 according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder of Pueblo County on April 9, 1974 at Book 1778 at Page 64 at Reception No. 469479. Containing 2.957 acres, more or less. 2281873 06!22/2022 04:11:28 PM Page: 8 of 9 R 53 00 D 0.00 T 53.00 Gilbert Ortiz Klerk/Reonrde. Pueblo County, Co 11111 f!rdP121 l I i CIiIdOn I; 41144i 1I II I . t SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Lakeshore Estates,Filing No.3 2002600 DEVELOPER: MG Hammer ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. WATER 8"PVC Water Main 430 LF @ $47.50/LF = $20,425 Service 2 EA @ $900.00/EA= $1,800 Blow Off Assembly 1 EA $1,800.00/EA $1,800 SANITARY SEWER: 8"PVC Sanitary Sewer 330 LF @ $35.00/LF= $11,550 Service Line 2 EA @ $600.00/EA = $1,200 Sidewalk 1950 SF @ $3.00/SF = $5,850 SUBTOTAL $42,625 TOTAL PROJECT: #421625 This is an estimate only. Actual construction costs may vary. PREPARED BY: Drew Brice NORTHSTAR ENGINEERING AND SURVEYING,INC. FIRM: The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4,Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council,(ii)the quantities of construction elements shown hereon accurate) 's 'ties necessary to construct the Required Public Improvements and(iii)the n:pf@ (s ¢wRt e} are the most current unit prices provided by the City of Pueblo. 0' :, .) i .,11( 14titet c,j 1 • 4 1 -< r1 Professional Engineer Date tE SEL] • •• i r >>,`r r J (O/Z/204Z- REVIEWED BY: Director of Public Works Date 2281873 06/22/2022 04.11 :28 FM Page: 9 of 9 R 53.00 D 0.00 T 53.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 11111 Reception 2281874 06/22/2022 04:11:28 PM STORMWATER FACILITY MAINTENANCE AGREEMENT This Stormwater Maintenance Agreement is entered into this I-C day of Apr , 2021, by and between Pueblo,a municipal corporation ("the City")and MG HAMMER, LLC a Colorado Limited Liability Company (the"Owner"),and collectively referred to as the"Parties". RECITALS WHEREAS,Owner owns certain real property located in the City of Pueblo legally described as follows: SEE ATTACHED EXHIBIT A and more commonly known as Lakeshore Estates,Filing No.3 (the"Property");and WHEREAS,a Drainage Report and Plan("Plan")for the Property has been approved by the City subject to and conditioned upon faithful performance by Owner of all duties created by this Agreement;and WHEREAS,said Plan provides for stormwater management facilities including such facilities intended to reduce,detain, convey,and manage stormwater runoff and also water quality facilities(collectively referred to as"Facilities");and WHEREAS,the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner;and WHEREAS,the City requires that the Owners submit an Operation and Maintenance Manual("0& M Manual")as specified by the City. NOW,THEREFORE, in consideration of the foregoing and mutual covenants contained herein,the sufficiency of which is mutually acknowledged,the Parties agree as follows: AGREEMENT 1. The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and will remain in proper working condition in accordance with the approved 0&M Manual and other applicable legal requirements. Maintenance shall include,but not be limited to, routine landscaping, sediment removal,repair,reconstruction,or replacement of the Facilities as necessary to meet the requirements of this Agreement. 2. The maintenance of the Facilities shall be performed in accordance with the 0& M Manual for the Facilities. 2281874 06/22/2022 04:11:28 PM Pae: 2 of 6 R 38 00 D 0.00 T 38 00 Gilbert Ortiz Clerk/Recorder , Pueblo County Co !III MrAillarNl11ilfg'I ,yiVilflig kalf411101: "i II II 3. The Owner shall cause the inspections of the Facilities to be conducted as follows: a. The Owner agrees to cause inspections of the Facilities,at the Owner's expense at least once every calendar year. b. An inspection report for the facilities shall be submitted in writing to the City for each calendar yearby no later than April 1s"ofthe following year. The inspection report shall be in accordance with the requirement set forth in the 0& M Manual. c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to the City pursuant to the 0&M Manual. 4. The Owner,hereby,grants,bargains and conveys to the City,officers,agents, and employees an easement over the Property for access from public rights-of-way,abutting private roadways,and/or private driveways,to the Facilities for the purpose of inspecting,operating, installing, constructing, reconstructing,maintaining,repairing or replacing the Facilities to the extent that the Owner fails to do so and asnecessary to ensure their proper working condition as provided in paragraphs one and twoabove. 5. In the event the Owner fails to inspect,report,or properly maintain the Facilities within thirty(30)days after written notice by the City of such deficiencies to the Owner,the City may enter upon the Property and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner for such expense plus an administrative charge of 15%. However, if the Owner's failure to properly maintain the facilities could cause damage to property, loss of life or violation of a NPDES MS-4 Permit,the City may take immediate action,without notice to the Owner,to maintain or repair the Facilities. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Facilities,and in no event shall this Agreement be considered to impose any such obligation on the City. 6. The Owner agrees that it will not at any time dedicate the Facilities to the public,to public use or to the City without the City's written consent,nor will it subdivide or convey the Property without a covenant providing that a proportional share of the cost of maintenance and other costs associated with any other of the obligations and duties contained herein runs with each subdivided part of the original tract or parcel of land. 7. In an event of emergency involving the Facilities,the City, its officers,agents,and employees may enter immediately upon the Property and take whatever reasonable steps it deems necessary to meet the emergency. The City shall notify the Owner of such emergency and entry as soon as possible but in no event later than twenty-four(24)hours after such entry. Alternatively,the City may notify the Owner by phone to take whatever reasonable action is necessary within a specified time period. Should the Owner fail to respond,or should the Owner inform the City that it intends to not respond within the specified period of time,the City, its officers,agents, and employees may enter immediately upon the emergency. 8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the inspections and maintenance of the Facilities, including access to the Facilities. 2281874 06/22/2022 04:11:28 PM Page. 3 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc X911 llidr rlL7I1r IN CI 4IVIrA'AEU ihrtI.Mg 11111 9. In the event the City,pursuant to this Agreement,performs work or expends any funds reasonably necessary for the maintenance or repair of the Facilities, including labor,equipment,supplies and materials, the Owner agrees to reimburse the City within thirty(30)days after the City gives the Owner written notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required herein, interest on such payment shall accrue at the rate of 1.5%per month until paid in full. 10. Any amount owed to the City and not paid within thirty(30)days of notification shall be the joint and several obligation of any owner of record of the Property or any portions thereof served by the Facilities and any successors in interest to such owner on the date such maintenance or repair was performed. 11. The Owner, its successors, and assigns shall indemnify and hold harmless the City, its officers, agents,and employees for any and all damages,accidents,casualties,occurrences or claims which might arise or be asserted against the City arising out of or resulting from the construction,presence,existence of maintenance or use of the Facilities. The Owner shall notify the City when the Owner transfers its interest in the Property or any portion thereof. The Owner shall provide the City with a copy of any suchdeed. 12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land, and shall be binding upon all present and subsequent owners,their administrators,executors,assigns,heirs,and any other successors in interest so long as they own an interest in the Property or any portion thereof served by the Facilities. 13. The Owner acknowledges that any future site plan,master plan,drainage plan or other process determined by the City to be a final plan,shall include the following language: "The property owner, its successors, and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations and Maintenance(0& M)Manual and all permanent Best Management Practices(BMPs). Requirements include,but are not limited to, installing the specified BMPs contained in the Drainage Reportand Plan and maintaining the Facilities as shown in the 0& M Manual as approved by the City. If the Facilities are not properly maintained,the City may provide necessary maintenance and assess the cost to the Owner of the property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and recorded at the Pueblo County Clerk and Recorder's Office." 14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office. 15. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement,theprevailing party shall be entitled to its reasonable costs and attorney fees. [Remainder of this page left intentionally blank] 2281874806/22/2022 04:11:28 PM • Page: 4t)rof Ortiz k3.00n0r0 1 38.00Gilby Co VIII RIP�rl11�Z�Za,FIs � :Pueblo �L'1 1 tith h 111 III IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth above. CITY: �g,BLo.a�''N, • By: 26digt/Mayor ty eib4; Attest: -� /�� er1741rnrs City ....::1[111110111 _ 1111 4. OWNER: •@pOH, ,D MG HAMMER, LLC., a Colorado Limited Liability Company By: Mark Grant, Manager of MG Ammer, LLC., a Colorado Limited Liability Company Or(if non corporate entity) (The Acknowledgement(notarization)will vary for Owner depending on if Owner is an individual,corporation, partnership,etc.Also,where there is a mortgage on the property,the mortgage holder must sign the Subordination section of this Agreement)An Affidavit of Authority/Incumbency to execute shall be supplied for any entity. ' ' • 2281874 06/22/2022 04:11:28 PM Page: 5 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Reorder, Pueblo County Co ®Ili ACKNOWLEDGEMENT STATE OF Ci,LeaJ Ibe ) ss. COUNTY OF P.,Eta Lo ) The foregoing instrument was acknowledged before me this April 15 ,2022 by Mark Grant as manager of MG Hammer, LLC,a Colorado limited liability company. Witness my hand and official seal. (SEAL) DANIEL J.ACE' RMAN My commission expires: AususT Z,Zo 25" NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174035180 MY COMMISSION EXPIRES AUG 22,2026 Notary Public 2281874 06/22/2022 04:11:28 PM Page: 6 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder, Pceblo County; Co !16. PUL ILS1MEMAIR Ill III Exhibit A Land Description A parcel of land located in the Southwest one-quarter of Section 14,Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: A resubdivision of Lot 2, Lakeshore Estates No. 1 according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder of Pueblo County on April 9, 1974 at Book 1778 at Page 64 at Reception No.469479. Containing 2.957 acres, more or less. ORDINANCE NO. 10079 AN ORDINANCE APPROVING THE LAKESHORE ESTATES, FILING NO. 3 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Lakeshore Estates Filing No. 3 Subdivision, being a subdivision of land legally described as: A parcel of land located in the Southwest one-quarter of Section 14, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: A resubdivision of Lot 2, Lakeshore Estates No. 1 according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder of Pueblo County on April 9, 1974 at Book 1778 at Page 64 at Reception No. 469479. Containing 2.957 acres, more or less. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City’s Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City’s subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-l0-l0l, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are authorized and to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 13, 2021. Final adoption of Ordinance by City Council on December 27, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 30, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Deputy City Clerk