HomeMy WebLinkAbout05695Reception 956806
09/20/1991
ORDINANCE N0. 5695
AN ORDINANCE APPROVING THE PLAT OF PARKVIEW
HEALTH SYSTEM SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
The final plat of Parkview Health System Subdivision, being a sub-
division of land legally described as follows:
All of Lots 9 through 16, both inclusive, Block 7
and the N 1/2 of vacated 16th Street adjacent thereto
in Bartlett and Miller's Addition to Pueblo, according
to the recorded plat thereof, filed for record February
9, 1872,
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 requirments
and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as
amended and any agreements entered into pursuant thereto.
0��MynAT 11
This ordinance shall become effective immediately upon final passage
and approval.
Bm 2559 PAC�
INTRODUCED August 12 , 1991
By SAMUEL CORSENTINO
Counc'lperson
i
APPROVED f �'
President of the Council
f
:T ty Clerk
7/29/91
NO. 956807 RECORDEi C � �
PUEBLO COUNTY, COLORADO SEP 2 U 1991 BOCK 255 Pr _ 1 4
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this Z3,QP day of
At &) , 19 Y, by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and Parkview
Episcopal Hospital Association and Parkview Health System, Inc., a Colorado Corporatio
hereinafter referred to as "Subdivider."
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide
a certain tract of land located in the City and legally described as
set forth in Exhibit "A," which is attached hereto and incorporated
herein; and
WHEREAS, the Subdivider, as a condition of approval of the
final plat of Parkview Health System Subdivision,
wishes to enter into this Subdivision Improvements Agreement as
authorized by Chapter 4, Title XII of the 1971 Code of Ordinances;
and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J)
of the 1971 Code of Ordinances of the City to construct and install
certain public improvements as set forth in Exhibit "B", which is
attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of
Ordinances, Subdivider is _obligated to provide security or collateral
sufficient .in the judgment of the City Council, to make reasonable
provisions for the construction and completion of the required public
improvements set forth in Exhibit "B ".
NOW THEREFORE in consideration of the following mutual covenants
and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty '( 180) days
after application 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 is sooner, to construct and install at his sole cost and expense
all of those public improvements set forth in Exhibit "B," which is
attached hereto and incorporated herein.
2. In lieu of installing the required public improvements
set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider
or any subsequent owner of the land or any portion thereof shall deposit
cash or other collateral with the Director of Finance of the City, 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 collateral shall pay all or any portion thereof to the City upon
demand after the time for completion of all required improvements by
Subdivider or subsequent owner shall have expired. Such deposit or
escrow agreement shall be hereinafter 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 costs of all uncompleted
improvements required by this section within the block at the time
application for building permit is made. The amount of the deposit required
by this alternative shall be not less than 25% of such estimate plus the
costs of extending all required sewer and water lines from the 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,
Page one of five
Bm, 2559 PA1j= 615
sidewalk and paving from the edge of the subdivision or existing
improvements of a like nature whichever is nearer to the proposed
building site. In any case where the block, as hereinafter defined,
shall exceed one thousand (1,000) 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 improve-
ments in at least one -half of such block, and the required deposit
shall be based upon such decreased estimate, provided, however,
Subdivider shall undertake to provide a turnaround of at least sixty
(60) feet in diameter at the mid -block point and barracade said streets
so that no through traffic shall be permitted beyond the point to which
the estimate of the 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
is sooner, Subdivider shall likewise deposit an amount not less than
the estimate of the Director of Public Works for all required improvements
from existing improvements to the proposed building site, less any
previous deposits made hereunder upon building sites lying between the
most recently proposed site and existing improvement.
5. The City may treat the amount of such deposit as a debt due
the City from 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 herein are cumulative and the use of one shall
not prohibit the use of another.
6. Upon payment of each such deposit, the City Director of
Public Works shall release the proposed building site from the terms
of this Agreement.
7. As a condition of approval of this Subdivision, and to meet the
requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider
specifically agrees that no building permit or certificate of occupancy shall
be issued by the Pueblo Regional Building Department until a certificate
of compliance has been approved and issued by the City Director of
Public Works and duly recorded in the Office of the Pueblo County Clerk
and Recorder which certifies that those public improvements 'set forth
in Exhibit "B," or that portion of said improvements as shall be necessary
to totally serve specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered by a particular
certificate of compliance, have been properly designed, engineered,
constructed, and accepted as meeting the specifications and standards
of the City.
These restrictions on the issuance of building permits and cert-
ificates of occupancy shall run with the land and shall extend to and be
binding upon the heirs, executors, legal representatives, successors
and assigns of 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, park, and other public improvements for
maintenance by the City. Until such roads and other park and 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, park and other public improvements and rights of
way are the sole responsibility of the Subdivider or any subsequent
owner(s) of the land within this Subdivision.
Page two of five
Boos 2559 Pj. -,7 616
9. The required time for completion of all such 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 such improve-
ments within the required time and the payment of all inspection costs by
Subdivider, the Director of Public Works shall cause all obligations
of Subdivider relating to such improvements within such block to be
released. If said 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
complete the same. If sufficient monies are available at the end of the
required time to complete all such improvements herein required for
the entire length of such block, the Director of Public Works shall
cause all collateral or monies in escrow to be reduced in cash and
shall deposit the same with the Director of Finance and such cash shall
be used to complete that portion of the improvements the Director of
Public Works shall determine. Until all improvements are completed
and approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefore.
10. For purposes of this Agreement, the word "block"' shall
mean both tiers of lots fronting or abutting upon the street which
the proposed building or structure shall front to the 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. 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 any and all encumbrances. If
such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and
all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any 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 thereto. 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. Such
action, however, shall be commenced prior to the issuance of a building
permit or prior to commencement of construction on any lot(s) or
tract(s) of land.
13. The parties hereto mutually agree that this Agreement
may be amended from time to time by mutual consent provided that
such amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs, administrators,
executors, successors, assigns, and legal representatives of Subdivider,
and shall be placed on record 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 hereinabove set
forth.
15. See Exhibit "C" an Addendum to Subdivision Improvements Agreement
for Parkview Health System Subdivision.
Page three of five
uco ?559 C
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by its duly authorized and
acting officers and the seal of the Subdivider set hereon.
Parkview Episcopal Hospital Association
y B y : 5
Subdivider
(9 'E'A L I Y
STATE OF COLORADO)
ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this
1991 by
x.:�( day of 7'1,
7 '
�� ���,► Subdivider.
My commission expires:
(S E L) Notary Public
-
Add ess: i
. ..... Parkview Health System, Inc.,
a Colorado Corporation Subdivider
B
By
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
SA c( day of 1991 by
Subdivider.
My commission expires:
Notary Public
(5 E <A L Address:
Page four of five
B00�2559 �. _618
CITY OF PUEBLO, a Municipal
Corporation
By
President of the Council
ATT,6&T
`City.-- Ckp,rk
STATE OF_ COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
day of 199 by
as Presiden of the City Council, and /__j.
as City Clerk of the City of Pueblo, Colorado.
"I i."*,wommiss ion expires:
j'
Notary Public t
(S . F� L) Address:
APPROVED AS TO FORM:
City Attorne
Page five of five
BOof
All of Lots 9 through 16, both inclusive, Block 7 and the N 1/2
of vacated 16th Street adjacent thereto in Bartlett and Miller's,
Addition to Pueblo, according to the recorded plat thereof, filed
for record February 9, 1872.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B
SUBDIVISION NAME:
9
PARKVIEW HEALTH SYSTEM SUBDIVISION
bm 2559 620
DEVELOPER: PARKVIEW EPISCOPAL HOSPITAL ASSOCIATION AND PARKVIEW HEAL SYSTEMJI
ENGINEER: K L H ENGINEERING CONSULTANTS, INC.
Demolition: Sidewalk and curb returns on Elizabeth
Sidewalk and curb @ Drain on Greenwood
Lump Sum
= $ 1,300.
Grading: (To create drainage patterns)
Lump Sum
= 3,000.
New 6' Sidewalk (Elizabeth): 160 LF @ $8.00 /LF
= 1,280.
New Curb Returns (Elizabeth): 2 EA. @ $600.00 /EA
= 1,200.
New HC Ramps (Elizabeth): 2 EA. @ $ $300.00 /EA
= 600.
New alley paving: 700 SY± @ $7.00 /SY
= 4,900.
Type "S" Inlet, L =4': 4 EA @ $1,400 /EA
= 5,600.
12" CL IV RCP: 188± LF @ $20.00 /LF
- 3,760.
15" CL IV RCP: 241± LF @ $25.00 /LF
= 6,025.
1 -A Manhole: 1 EA @ $1,000 /EA @ $1,000 /EA
= 1,000.
RIP RAP: 4 CY @ $75.00 /CY
- 300.
Outlet Structure: 1 EA @ $4,000 /EA
- 4,000.
Sidewalk Drain (incl. replace C &G, sidewalk)
1EA @ $400.00 /EA
= 400.
Detention Basin: 0.07AC± @ $25,000 /AC
- 1,750.
Retaining Walls: Lump Sum (2000 SF @ $7.50 /SF
- 15,000.
$ 50,115.
PREPARED BY:
FIRM K L H ENGINEERING CONSU LTANTS, INC.
REVIEWED BY:
City of Pueblo
oft ,¢
81519
-� Date
� ;7
Date
I ,.
BOOK 2559 PAc�r—
EXHIBIT "C"
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
PARKVIEW HEALTH SYSTEM SUBDIVISION
The CITY OF PUEBLO, A MUNICIPAL CORPORATION ( "CITY ") and PARKVIEW
EPISCOPAL HOSPITAL ASSOCIATION AND PARKVIEW HEALTH SYSTEM, INC.,
a Colorado Corporation ( "Subdivider ") agree as follows:
Notwithstanding anything to the contrary in the attached
Subdivision Improvements Agreement for Parkview Health System
Subdivision, the City and Subdivider agree as follows:
1. The City has granted the Subdivider a revocable permit
to use a portion of the right -of -way of Greenwood Street
to construct retaining walls and storm runoff detention
storage facilities. Subdivider agrees at its sole cost
to remove within 30 days all such retaining walls and
detention storage facilities from the Greenwood Street
right -of -way if the City requires such removal in
accordance with the provisions of the revocable permit.
In addition, Subdivider shall at its sole expense at the
same time reconstruct the detention storage facilities
inside its property boundary line in accordance with
plans approved by the City. Detention storage volumes
for the 10 year and 100 year designs shall be approved
by the City for Parkview Health System Subdivision as a
condition of this Agreement.
2. This Addendum shall become a part of the Subdivision
Improvements Agreement, shall constitute a covenant
running with the property, shall extend to, be binding
upon and inure to the benefit of the successors and
assigns of the City and Subdivider. If there is a
conflict between the provisions of this Addendum and the
Subdivision Improvements Agreement, the provisions of
this Addendum shall control.
3. If any provision of this Addendum or the Subdivision
Improvements Agreement is determined to be invalid or
unenforceable, such determination shall not affect the
validity of other provisions.
4. All rights and remedies of the City under this Addendum
or the Subdivision Improvements Agreement shall be
cumulative and in addition to any right or remedy
existing at law or in equity. Neither delay nor omission
by the City to exercise any right or remedy shall impair
any such right or remedy or constitute a waiver.
5. If litigation is filed concerning the Subdivision
Improvements Agreement or this Addendum, the prevailing
party shall receive reasonable attorneys' fees from the
other party.