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HomeMy WebLinkAbout10136ORDINANCE NO. 10136 AN ORDINANCE APPROVING A STORMWATER FACILITY MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COMMUNITY HEALTH CENTER, INC. A COLORADO NON-PROFIT CORPORATION, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ACCEPTING A RELATED EASEMENT AND RIGHT-OF-WAY FOR THE PURPOSE OF DRAINAGE DETENTION AND DRAINAGE UTILITIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Stormwater Facility Maintenance Agreement between Pueblo Community Health Center, Inc. a Colorado Non-profit Corporation (“Developer”) and the City of Pueblo and (the “Agreement”), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. Consistent with and related to the Agreement, Developer has granted an easement and right-of-way for drainage detention and drainage utilities to the City of Pueblo. The Easement and Right-of-Way granted, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 3. The City Clerk is directed to cause said Agreement and Easement and Right-of-Way to be both recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for same to be paid for by the Developer. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 5. 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 March 14, 2022 . Final adoption of Ordinance by City Council on March 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on March 30, 2022 . □ 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 City Clerk City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 14, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Jeff Hawkins, Director of Stormwater SUBJECT: AN ORDINANCE APPROVING A STORMWATER FACILITY MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COMMUNITY HEALTH CENTER, INC. A COLORADO NON-PROFIT CORPORATION. AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ACCEPTING A RELATED EASEMENT AND RIGHT-OF-WAY FOR THE PURPOSE OF DRAINAGE DETENTION AND DRAINAGE UTILITIES SUMMARY: This Ordinance approves a Stormwater Facility Maintenance Agreement with the City of Pueblo and Pueblo Community Health Center, Inc. a Colorado Non-profit Corporation and accepts an easement granted by Pueblo Community Health Center, Inc. a Colorado Non-profit Corporation for the purpose of water quality. PREVIOUS COUNCIL ACTION: On September 23, 2019, Council passed Ordinance No. 9560, amending chapter 5 of title VII, chapters 4 and 6 of title XII, and chapter 12 of title XVI of the Pueblo Municipal code relating to needed amendments to meet the minimum requirements of the MS4 permit. . BACKGROUND: th This parcel of real property located at 1322 E 8 St, Pueblo, CO 81001 is required to have a water quality facility installed per the City of Pueblo’s MS4 permit requirements. This easement and Stormwater Facility Maintenance Agreement will provide assurances that the water quality facility continues to function properly. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Alternatives No. 1 – No action Under this alternative, the detention facility could still be built but there would be no legal assurance to prevent improvements from being built in the detention facility. Such improvements could hinder or prevent operation of the detention facility thus, potentially causing detrimental stormwater impacts to the properties and citizens downstream. Without the Stormwater Facility Maintenance and easement, the City of Pueblo would be in violation of the MS4 permit requirements regulated by the Colorado Department of Public Health & Environment. RECOMMENDATION: Approval of the Ordinance. Attachments: Stormwater Facility Maintenance Agreement DPW-110 (Easement) re: Ordinance 10136 Reception 2271886 04/07/2022 03:05:11 PM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172.the undersigned hereby executes this Statement of Authority on behalf of Pueblo Community Health Center Inc. a, Colorado Non-Profit Corporation ,an entity other than an individual,capable of holding title to real property(the"Entity"), and states as follows: The name of the Entity is Pueblo Community Health Center Inc., a Colorado Non-Profit Corporation (state type of entity and state,country,or other governmental authority under whose laws such entity is formed) The mailing address for the Entity is 110 E. Routt Avenue, Pueblo Co. 81004 The name or position of the person authorized to execute instruments conveying,encumbering,or other affecting title to real property on behalf of the Entity is: _ Donald Moore CEO The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert"None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters,leave this section blank) EXECUTED this 4:1 day of_j4 _ t 4 ST , 2-011_. Signature: _ _ __ --/ +"fj'i .. Name(typed or printed): D 0 +✓A¢ -- _ ..'-s--O.. - [_l e I a Title(if any): C. Ew.0 STATE OF u,i rel 0 ) )ss. COUNTY OF Paeilo ) The fore ng instr} a Jajs acknowledged before me this 6111 d of , % b iv a (!Vire . a 'if i f rue. r l%'t/di .if ■ 11-ea7 __ ped • / .a Old ip- t D -ittg, 4 »tixl Witness my hand and official s seal. My commission expires: G- c dd.-- 41 rte if/CSV [SEA NANETTE R.SANTOS Notary"'uhlic NOTARY PUBLIC STATE OF COLORADO DPW 116 NOTARY 10 19954009566 02/07/02 MU .0145.2 jy 0 re: Ordinance 10136 Reception 2271887 04/07/2022 03:05:11 PM STORMWATER FACILITY MAINTENANCE AGREEMENT This Stormwater Maintenance Agreement is entered into this 9th day of December 2021,by and between Pueblo,a municipal corporation("the City")and Pueblo Community Health Center, Inc. a Colorado Non-Profit Corporation (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: Parcel A of Rearrangement of Property Boundaries,RPB-19-06 and more commonly known as 1322 E 8th Street,Pueblo Co 81001 (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 I. 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. 2271887 X04 D7/2(22 03:05.11 3:05 1 11 PM33.X10 Gilhert ::3ti7 CIerk/,ecordie r Pulo3GoL °v• a ,LJwrr` !I ■III Kr AV 11h11 o Yh%A III II 3. The Owner shall cause the inspections of the Facilities to be conducted asfollows: 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 1"of the 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 theFacilities. 2271887 04/07/2022 03:05:11 PM Paye: 3 of 5 R 33.00 w 001 33.00 Gilbert CrtAz C;erk/Recorder PifPblTo Countyo SIRI rar itiuti +l 'nw,i ',rii !M 1061101','), 111 III 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 such deed. 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] 2271897 04/07/2022 03:05:1 1 PM Page; 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert0) tiz Cle1lrk)Recorder. Pueblo County Co 1r11111 A 1 11,!«fi ■■eeA11.1,11,11041I101IInk'ilk?),lk?), 5111 IN WITNESS WHEREOF,the City and the Owner have executed this A t on the date set forth above. CITY: %/' );1 By. h0 " ' C Mayor II Attest: zx_c'\ City Clerk OWNER: Pueblo Community Health Center, Inc., a Colorado Non-Profit Corporation : BY Donald Moore,CEO of Pueblo Community Health Center, Inc.,a Colorado Non-Profit Corporation 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. 2271887 04/07/2022 0305:11 PM Page. 5 of 5 P 33.00 C 0.00 T 33.00 Gilbert Crti2 C1e,k!Recorder Pueblo County Co ■dera fil',ti Frfn«:1%1 Po vitwrivww i illy), ii 111 ACKNOWLEDGEMENT (For a Corporation) State of Colorado ) )ss County of Pueblo ) The foregoing instrument was acknowledged before me this9thday of December 20 21 by Donald Moore as CEO of the Pueblo Community Health Center,Inc. a Colorado Non-Profit Corporation cor,vration,on behalf of the corporation. [seal] s Ula 1i Lola D Chavez ,ry Public NOTARY PUBLIC My Commission Expires: STATE OF COLORADO NOTARY ID#20084025819 MY COMMISSION EXPIRES July 25,2024 a7 12SI tz‘i" re: Ordinance 10136 Reception 2271888 04/07/2022 03:05:11 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT,granted this 9th day of December 2021 by Pueblo Community Health Center,Inc., ,Grantor,to Pueblo,a Municipal Corporation,Grantee: a Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration,paid by the Grantee,receipt of which is hereby acknowledged,Grantor hereby grants to Grantee, its successors and assigns,an easement and right of way for the purpose of drainage utilities , in, through,over,under and across Grantor's property situated in Pueblo County,Colorado described in the attached Exhibit"A"(the"Property"). Grantor shall install drainage facilities (the"Facilities")in the Property in accordance with plans and specifications therefore approved by,and on file with Grantee,and,thereafter,Grantor shall maintain the Facilities in good working order and condition,and repair and replace the Facilities. Grantee shall have the right at its option(but not the obligation)to inspect,control,maintain,repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes,Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,control,maintain,repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor(a)has good and sufficient right and title in and to the Property and full power to grant this easement and right-of-way,and(b)will defend Grantee's quiet and peaceful possession of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property. "Grantee"shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs,personal representatives,successors and assigns of the Grantor and Grantee. fh SIGNED this /0 day of Pe C "2-7.he 2_02 GRANT O : By: TI_W J Donald Moore,CEO of Pueblo Community Health Center, Inc., a Colorado Non-Profit Corporation DPW 110 12/03/98 2271.888 04/07/2022 03:05 11 PM Page: 2 or 5 R 33.00 0 0.00 T 33.00 Gil�ert Ortiz C;erk/Recorder . Pueblo Coully Co F111410:101114 ill:1414 II III ACKNOWLEDGEMENT (For a Corporation) State of Colorado )ss County of Pueblo The foregoing instrument was acknowledged before me this day of , 2021 _by Donald Moore,CEO of Pueblo Community Health Center,Inc. a Colorado Non-Protit Corporation corporation,on behalf of the corporation. [seal] I% ,� Lola D Chavez NOTARY PUBLIC rot y Public G STATE OF COLORADO My Commission Expires: NOTARY IDX S y19 D�/Lc/ 024 MY COMMISSION EXPIREPIREJu S July 25,2024 DPW 110 12/03/98 2271888 04/01/2022 03:05:11 PM Pae: 3 of 5 R 33.00 pe 0.00 7 3..00 ert Ctiz C'erk/Recorder, Puebla CountyCo �6Ui t�!?jF;lZ'I�u'.'1 4'I��'LIQ IP,��Vivo 1;140.V EXHIBIT "A" EASEMENT A: AN EASEMENT LOCATED IN A PORTION OF THE SW '/a OF THE SW '/a SECTION 29 AND THE SE '/a OF THE SE '/a OF SECTION 30, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS IS THE MONUMENT LINE IN NORTH LA CROSSE STREET BETWEEN EAST 7TH STREET AND EAST 9TH STREET, MONUMENTED ON BOTH ENDS WITH A LEAD AND TACK IN A RANGE BOX, TO BEAR N. 00°25'28" W. AND ALL BEARINGS BEING RELATIVE THERETO. COMMENCING AT THE CENTERLINE RIGHT-OF-WAY MONUMENT IN THE INTERSECTION OF EAST 7TH STREET AND NORTH LA CROSSE AVENUE, THENCE N. 75°09'33" E. A DISTANCE OF 391.54 FEET TO THE POINT OF BEGINNING; THENCE N. 02°44'16" W. A DISTANCE OF 28.50 FEET; THENCE N. 87°15'09" E. A DISTANCE OF 97.99 FEET; THENCE S. 02°44'16" E. A DISTANCE OF 28.48 FEET; THENCE S. 87°14'15" W. A DISTANCE OF 97.99 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.064 ACRES, MORE OR LESS. EASEMENT B: AN EASEMENT LOCATED IN A PORTION OF THE SW 1/4 OF THE SW '/a SECTION 29 AND THE SE 1/4 OF THE SE 1/4 OF SECTION 30, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS IS THE MONUMENT LINE IN NORTH LA CROSSE STREET BETWEEN EAST 7TH STREET AND EAST 9TH STREET, MONUMENTED ON BOTH ENDS WITH A LEAD AND TACK IN A RANGE BOX, TO BEAR N. 00°25'28" W. AND ALL BEARINGS BEING RELATIVE THERETO. COMMENCING AT THE CENTERLINE RIGHT-OF-WAY MONUMENT IN THE INTERSECTION OF EAST 7TH STREET AND NORTH LA CROSSE AVENUE, THENCE N. 75°09'33" E. A DISTANCE OF 391.54 FEET; THENCE N. 02°44'16" W. A DISTANCE OF 28.50 FEET; THENCE N. 87°15'09" E. A DISTANCE OF 97.99 FEET; THENCE N. 28°24'22" E. A DISTANCE OF 90.59 FEET TO THE POINT OF BEGINNING; THENCE N. 02°44'15" W. A DISTANCE OF 19.42 FEET; THENCE N. 2271838 04/07/2022 03:05:11 P11 Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz :Jerk/Re°order. Pueblo County; Go U!II RIR.r11'.141$"lLl1l4.r, 10.11 1,4,ii Ii 111 87°15'45" E. A DISTANCE OF 102.01 FEET; THENCE S. 02°44'16" E. A DISTANCE OF 19.42 FEET; THENCE S. 87°15'45" W. A DISTANCE OF 102.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.045 ACRES, MORE OR LESS. I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. r0 , � 5eNy / •• s <'Q' I,t cam,`, + j iI °2'/44/5 i 4oNq` LANA , Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. December 02, 2021 JN 18 033 02 1� �-ioN n• co , �,>; tv..J n ID -N + '.I o V v' - oo IL �,UI co ftbfl Q� II �_;'nb • o n 2 - m 70� 2 F` o al O x N ? y to�' - =OWN � o � N 2 v)2 2 'mW ti '41� �r N p� 6 ST AI A "r�r• -'' r- i1 --a 1+ Ir- --- --iL i_ _ i,V, .,, _,, ••_,,_,•_ ,__` i-i vl i»,`V l l,_ 0 7(,13 Q N00"25'28 W ,,;-,- ;p;-; ;,• } BASIS OF BEARINGS 671.89' o�' 7 0 \\ r 1 1 1 Pm =� � `\\ 1 I I 11 � �0 � I I I I I I I arLIE 1 I 1 I 1 1 1 1 1 - ___ \ I F\\ 1 1 I _ ;;; II 1 1 1\ I I Z "A; I \N 1 I I II 1 .\,� I 1 1 I _+ i Irte. 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