Loading...
HomeMy WebLinkAbout10554ORDINANCE NO. 10554 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE PUEBLO SPRINGS APARTMENTS SUBDIVISION ENTERED INTO BETWEEN THE CITY OF PUEBLO AND PUEBLO SPRINGS APARTMENTS, LLC, AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR WHEREAS, Pueblo Springs Apartments, LLC and the City of Pueblo, a Colorado Municipal Corporation, entered into a Subdivision Improvements Agreement (“Agreement”) dated July 18th, 2022 and recorded on June 22, 2023 as Instrument No. 2316295 in the Office of Clerk and Recorder of Pueblo County, Colorado, under which Pueblo Springs Apartments, LLC agreed to construct and install certain Required Public Improvements, as defined in the Agreement; and WHEREAS, the Subdivider intends to construct multifamily rental properties on the land subject to the Agreement with the proceeds of mortgage loans insured by the U.S. Department of Housing and Urban Development (“HUD”); and WHEREAS, HUD will not insure mortgage loans secured by property that is subject to reversionary interests; and WHEREAS, Pueblo Springs Apartments, LLC has requested an amendment to the Subdivision Improvements Agreement for the Pueblo Springs Apartments Subdivision to amend the Agreement such that any reversionary interest is made null and void insofar as it applies to property encumbered by a HUD-insured or HUD-held mortgage; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 1 to the Subdivision Improvements Agreement for the Pueblo Springs Apartments Subdivision dated July 18, 2022 by and between Pueblo Springs Apartments, LLC, and the City of Pueblo, a Colorado Municipal Corporation ("Amendment"), a copy of which is attached hereto and made part hereof by reference, after having been approved as to form by the City Attorney, is hereby approved. The Mayor is hereby authorized to execute said Amendment for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 2. The officers of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Amendment to implement the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 11, 2023. Final adoption of Ordinance by City Council on September 25, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _September 27, 2023____. ☐ 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 # R4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE PUEBLO SPRINGS APARTMENTS SUBDIVISION ENTERED INTO BETWEEN THE CITY OF PUEBLO AND PUEBLO SPRINGS APARTMENTS, LLC, AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR SUMMARY: Attached is an Ordinance approving Amendment No. 1 to the Subdivision Improvements Agreement for the Pueblo Springs Apartments Subdivision between the City and Pueblo Springs Apartments, LLC, and authorizing the Mayor to execute the Amendment on behalf of the City. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 10182 on May 23, 2022, approving the Pueblo Springs Apartments Subdivision. BACKGROUND: Pueblo Springs Apartments is requesting an amendment to the Subdivision Improvements Agreement for the Pueblo Springs Apartments Subdivision. The proposed amendment acknowledges that the original subdivision action was completed in accordance with Chapter 4, Title XII of the Pueblo Municipal Code and that the City and future purchasers of any lots in the subdivision may not compel rescission of any sale/conveyance/transfer of the property, unless said sale/conveyance or transfer was conducted unlawfully. This amendment provides clarification necessary to satisfy loan guaranty requirements of the U.S. Department of Housing and Urban Development, while preserving the City's rights and remedies outlined in Chapter 4, Title XII of Pueblo Municipal Code. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to approve this Ordinance will preclude the City from being able to execute the amendment to the Subdivision Improvements Agreement. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Pueblo Springs Apartments SIA Amendment No. 1 (230810)