HomeMy WebLinkAbout10137ORDINANCE NO. 10137
AN ORDINANCE APPROVING A STORMWATER FACILITY
MAINTENANCE AGREEMENT BETWEEN THE CITY OF
PUEBLO AND T & M, LLC, 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 T & M, LLC (“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-5
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 T & M, LLC,
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 T & M, LLC and accepts an easement granted by T & M, LLC 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 1015 W 10 St, Pueblo, CO 81003 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 10137
Reception 2271889
04/07/2022 03:07:11 PM
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This Stormwater Maintenance Agreement is entered into this 13 day of August
2021,by and between Pueblo,a municipal corporation("the City")and T&M,LLC
(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.Rearrangement of Property Boundaries.RPB-21-02.filed for record July 19?021 as Reception No 2735387 In the records of the Pueblo County Clerk arty Recorder
and more commonly known as 1015 W 10TH ST PUEBLO,CO 81003 (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.
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Gilbert Or`iz Clerk/Recorder, Pueblo County Co
till k Pilrdflt IROCC',/111;, L
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 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 two above.
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.
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Gilo_rt Ortiz Cle,krrzecorder Puehlc County. Co
■III .rrR` L a ' r 'i ; ,3.K ' ' frA ,MU, AI II
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.
I I. 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.
I2. 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 Report and 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,the prevailing
party shall be entitled to its reasonable costs and attorney fees.
[Remainder of this page left intentionally blank]
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Gilbert Ortiz C1erki eoarder Pueblo County, Co
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IN WITNESS WHEREOF,the City and the Owner have exectttedbis,Agreement on the date set forth above.
CITY: ``r v '
ayor 1
Attest: 7
City Cle
OWNER:
T& M ,a LLC (corp/IIc, indicate)
By: Mohammed Ghamdi / t
,as Member
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.
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Gilbert Ortiz Cl rk:Recorder Pueblo Count./ Co
II/1 Piilia infill"t11.l41111 i'irEi ri MN IlliT:'Iitlil II III
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF OD 1(YQ_ )
ss.
COUNTY OF Paulo )
The foregoing instrument was acknowledged before me this 's,?at by Qom/ ghai p i (name
of m nager(s))as manager(s)of T'4 JNIA LLC.. ! (name of limited liability company)a
orad( (state of organization), limited liability company.
Witness my hand and official seal
My commission expires: ep/141A0,13 LEAH PULSIFER
Notary Public
(SEAL) - State of Colorado
Notary Public(or official title) Notary ID#20194022691
My Commission Expires 06-14-2023
re: Ordinance 10137
Reception 2271890
04/07/2022 03:07:11 PM
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT,granted this 12 day of August 2021 ,by
T&M,LLC ,Grantor,to Pueblo,a Municipal Corporation,Grantee:
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(hut 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 he 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(h)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 he binding upon,
and shall inure to the benefit of the heirs,personal representatives,successors and assigns of the Grantor and Grantee.
SIGNED this 12 day of August , 2021
GRAN211,
B
Y
DPW 110
12/03/98
• 2271890 04/07/2022 03:07:11 PM
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GiJbart Qi�.of:z Clerk/Recc00ideDr Fue.bJo Ccurt> Co
111:11e,hd Y14, 11111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF y.o
ss.
COUNTY OF Pib
The foregoing instrument was acknowledged before me this Ail 12, 2011 by Mbha wed Clornc i"(name
of man�ger(s))as manager(s)ofTi fry), LLG (name of limited liability company)a
l:.aIDrad1 (state of organization), limited liability company.
Witness my hand and official seal.
My commission expires:bre- g114
- 3 c
LEAH PULSIFER
(SEAL) Notary Public
Notary Public(or official title) State of Colorado
Notary ID#20194022691
My Commission Expires 08-14-2023
DPW 110
12/03/98
2271890 04/07/2022 03:07:11 PM
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Gi:bert Ortiz :le-k/Recordeer ``Puebllc County�lCo` J W
VIII�I�id6���'� 1,IC 1,14 rid�1'f I�11��'hilli Li Ill II
STORMWATER MAINTENANCE EASEMENT
EXHIBIT A
An easement located within a portion of Parcel A, Rearrangement of Property Boundaries
RPB-21-02, according to the recorded plat thereof, filed for record July 19, 2021, as
Reception No. 2235387 in the records of the Pueblo County Clerk and Recorder, being
within a portion of the SW 1/4 of Section 25, Township 20 South, Range 65 West of the
Principal Meridian, being more particularly described as follows:
An easement for the purpose of stormwater utility and maintenance purposes being more
particularly described as follows:
BEGINNING at the SE corner of said Parcel A; thence along the southerly line of said
Parcel A, the following two courses:
1.) N 89°50'38" W (bearings based on the south line of Parcel A, Rearrangement of
Property Boundaries RPB-21-02, filed for record July 19, 2021, as Reception No.
2235387 in the records of the Pueblo County Clerk and Recorder, monumented at the
east end with a No. 4 rebar and yellow plastic cap PLS 22101 and at the west end
with a No. 4 rebar and yellow plastic cap PLS 6128 to bear N 89°50'38" W as
established on the recorded plat thereof), a distance of 25.66 feet;
2.) N 53°31'08" W, a distance of 182.76 feet;
thence N 34°01'44" E, a distance of 108.46 feet; thence S 89°50'38" E, a distance of
112.45 feet to a point on the easterly line of said Parcel A; thence S 00°09'22" W, along
said easterly line, a distance of 198.31 feet to the
POINT OF BEGINNING
Said easement contains 0.542 acres, more or less.
(23,596 sq. ft., more or less).
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