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HomeMy WebLinkAbout06635Reception 1374139 03/19/2001 ORDINANCE NO. 6635 AN ORDINANCE APPROVING THE PLAT OF REGENCY SQUARE SUBDIVISION, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Regency Square Subdivision, Filing No.2 being a subdivision of land legally described as: All of Lot 6, Block 1 in Regency Square Subdivision, according to the recorded plat thereof, filed for record August 18, 1976, in the County of Pueblo, State of Colorado, containing 5.242 acres, is hereby approved, and 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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 -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. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. INTRODUCED December 11, 2000 T ` BY Rich Goltrnd ncilme b U r leYk APPROVED /6 President of the Council PASSED AND APPROVED December 26, 2000 11/30/00 Reception 1374141 03/19/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Mn rG)n 6 between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and DELTA PLAZA INVESTMENTS, LLC, a Colorado Limited Liability Company ( "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 REGENCY SQUARE SUBDIVISION, FILING NO. 2 ( "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 by Section 12 -4 -7 (.I) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 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 10/21/98 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 costs 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 ( 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 recently 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. DPW 101 2 10/21/98 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. 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 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 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 complete 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 DPW 101 3 10/21/98 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 the Required Public Improvements. 10. For purposes of the 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 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 therefor 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 therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge 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 shall subordinate its interest or encumbrance to this Agreement and all is 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 DPW 101 4 10/21/98 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party it costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. 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. DELTA PLAZA INVESTMENTS, LLC, a Colorado Limited Liability Company (SEAL) Ht I: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) DPW 101 10/21/98 The foregoing instrument was acknowledged before me on R AV-4 Lf ZOO/, by J. Michael Spriggs, Manager of Delta Plaza Investments, LLC, a Colorado Limited Liability Company , Subdivider. ��.•�lMy coinssion expires: C?� ` R E �� y � � Lj s .� t& tile I L k P " v ,� e♦ s Cx b_ COUNTY OF PUEBLO my Commisssiors Expires 2/22/2003 &.A-j 5:f�� Notary Public The foregoing instrument was acknowledged before me on March 13 = 2001 Al Gurulp as President of City Council, and a -, SAN as City Clerk of the City of Pueblo, 1V�yzc mmission expires: 8 -21 -2003 i . " Vf � p -� Noary Public r0 ,1°! "amm)ss^n APPROVED AS TO FORM: CiAttorney DPW 101 10/21/98 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A All of Lot 6, Block 1 in Regency Square Subdivision, according to the recorded plat thereof, flied for record August 18, 1976. Containing 5.242 acres. 7 LOT 8 - SUBTOTAL $3,763 TOTAL $3,763 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: WCS FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: CITY OF PUEBLO L & 3 / 7y 7 *A P SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY SQUARE FILING NO. 2 DEVELOPER: DELTA PLAZA INVESTMENTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LOT 8 STREETS 3" Asphalt over 6" Base Course 88 SY @ $16.00 /SY $1,408 WATER Service 1 EA @ $500.00 /EA $500 SANITARY SEWER: 6" PVC Sewer Main 40 LF @ $27.00 /LF $1,080 Services 1 EA @ $775.00 /EA $775 LOT 8 - SUBTOTAL $3,763 TOTAL $3,763 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: WCS FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: CITY OF PUEBLO L & 3 / 7y 7 *A P Reception 1374142 03/19/2001 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this 0 day of /�GtJj b2� , 2000, by DELTA PLAZA INVESTMENTS, LLC, a Colorado Limited Liability Company, 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 such storm drainage detention as may be required in connection with any future improvement of the Property (as hereinafter defined) in the form of construction of permanent buildings thereon, the property upon which the easement is located is legally described as follows: Lot 8, Block 1, Regency Square Subdivision Filing No. 2, Pueblo County, Colorado (herein the "Property ") The easement herein granted is legally described on the attached Exhibit "A" which is incorporated herein by reference. The Grantor reserves the right to occupy said property for any purpose consistent with the right and privilege above granted, including but not being limited to, the location or erection of a temporary building, temporary structure or construction trailer unit, from time to time, upon the easement, until such time as detention shall be required as a result of future improvement. Notwithstanding the foregoing, Grantor hereby reserves and shall at all times, have the right to utilize the surface of the easement for parking, drive isles, curb, gutter and landscaping, provided that such usage does not interfere with the utilization of the easement for detention. Grantor shall have the right to relocate this easement to one or more other portions of the Property, provided that the relocation of the easement is done in a manner so as to provide storm drainage detention sufficient to satisfy the requirements for detention necessitated by the future improvement of the Property through the construction of permanent buildings thereon, based upon the City of Pueblo storm drainage requirements which have been adopted and are applicable at the time of execution hereof. 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 easement and right -of -way against all persons who may lawfiilly claim title to the property, subject only to such encumbrances on the property which exist on the date of execution hereof. "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. 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rae SIGNED this day of 20 0 d. GRANTOR: DELTA PLAZA INVESTMENTS, LLC IC COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The fa going i 20,J0 by was acknowledged before me this day of PAT ANN FUNDL ` L!JRK NOTARY i UEL' STATE OF COL67iAD Witness my hand and official seal My commission expires �.4 ' �hbllc • �x s cd ® D C a•'Fad' My Commission Expires 05 -30 -2001 EXHIBIT A PROPOSED STORM DRAINAGE DETENTION EASEMENT: An easement for storm drainage detention purposes in Lot 8, Block i in Regency Square Subdivision, Filing No. 2, according to the recorded plat thereof and being more particularly described as follows: Beginning at the Northeast corner of said Lot 8; thence along the boundary of said Lot 8 the following two (2) courses: 1. S. 00 0 2835" W., a distance of 99.94 feet; 2. S. 52 0 31'34" W., a distance of 2.46 feet; thence N. 37 0 2826" W., a distance of 128.55 feet to the North line of said Lot 8; thence S. 89 035'13" E., along said North line, a distance of 80.99 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 November 10, 2000 IN 95 09101 Reception 1374143 03/19/2001 DECLARATION OF CROSS EASEMENT FOR INGRESS AND EGRESS, PARKING, UTILITIES, DRAINAGE AND MAINTENANCE THIS DECLARATION OF CROSS EASEMENT FOR INGRESS AND EGRESS, PARKING, UTILITIES, DRAINAGE AND MAINTENANCE ( "Declaration") is made and executed this �% A day of November, 2000, by Delta Plaza Investments, LLC, a Colorado limited liability company ( "Delta Plaza "). RECITALS A. Delta Plaza is the owner of Lots 8, and 9, Block 1, Regency Square Subdivision Filing No, 2, County of Pueblo, State of Colorado (the "Regency Square Shopping Center "). B. Various improvements are located on the Regency Square Shopping Center, including but not being limited to commercial buildings, paving, lighting fixtures and the like. C. Additional improvements may be constructed on the Regency Square Shopping Center, or portions thereof, in the future, in accordance with approved plans and permitting by the City of Pueblo. D. As used herein, the term "Common Areas" shall mean all portions of the Regency Square Shopping Center except for those portions on which building are now, or may hereafter, be located. Common Areas shall include, but not be limited to, entrances and exits to the Regency Square Shopping Center, parking areas, sidewalks and landscaped areas. E. Delta Plaza wishes to provide for a consistent and coherent scheme to deal with issues related to ingress and egress, parking, utilities location and relocation, surface drainage and underground drainage conveyance facilities and maintenance of Common Areas and improvements located thereon. F. The execution and recording of this Declaration is necessary for the accomplishment of such purpose. DECLARATION OF EASEMENT NOW THEREFORE, in consideration of the above and in order to accomplish the above referenced purposes, Delta Plaza does hereby declare, grant and establish the following easements and agreements which shall hereafter affect the Regency Square Shopping Center: I. Easement for Ingress and Egress Delta Plaza hereby establishes a perpetual, nonexclusive Easement over and across the Common Areas of the Regency Square Shopping Center (including parking areas and spaces, sidewalks and walkways, exits and entrances and other Common Areas) as now exist, and as same may hereafter be changed from time to time, by Delta Plaza and or its successors, for the purposes of parking and ingress and egress to and from the Regency Square Shopping Center and to and from the improvements now or hereafter located thereon. 2. Easement for Utilities Delta Plaza grants, establishes and declares a perpetual. nonexclusive Easement over and across the Common Areas of the Regency Square Shopping Center for the purpose of installing, operating, maintaining, repairing, replacing and renewing those utility lines and related facilities which are necessary to serve the improvements located, or hereafter located throughout the Regency Square Shopping Center. In the event that the various lots or parcel which now or hereafter comprise the Regency Square Shopping Center are owned by different persons or entities, to the extent that the installation, operation, maintenance, repair, replacement or renewal of utility lines and related facilities is necessitated by changes, increases in services, and /or further development of a particular lot or parcel, the owner of such lot or parcel shall be solely responsible for all costs associated therewith. In the event that the benefits of such activities are realized by multiple lots or parcels, the costs associated with such activities shall be shared in direct proportion to the benefit so realized. In the event that any such installation, operation, maintenance, repair, replacement and /or renewal shall be undertaken, the owner of the lot or parcel initiating such activity shall at all times take all steps reasonably necessary to prevent permanent damage or destruction to (i) the other utilities facilities located with or in proximity to the area of new activity, (ii) minimize the impact on adjacent property owners, and (iii) conduct such activity in a safe, good and workmanlike manner. The owners initiating such activity shall at all times indemnify, defend and hold harmless the owners of any other lots or parcels within the Regency Square Shopping Center from any claim or cause of action arising out of any work so performed. To the extent that more than one lot or parcel benefits from such activity, the owners so benefiting shall proportionately share the responsibility and obligation to indemnify. 3. Other Structures All owners of Lots or Parcels within the Regency Square Shopping Center shall refrain from the placing of trees, permanent buildings or other structures on any lot or parcel owned by such owner in a manner which will a) create impediments to access, ingress and /or egress to the Regency Square Shopping Center, or b) interfere with the continued maintenance and operation of the utilities then installed on the Common Areas, provided however, that this provision shall not be deemed to prohibit future development and improvement of any lot or parcel within the Regency Square Shopping Center, as may be permitted by law and approved by the applicable government authorities, as long as all costs and expenses associated with any required relocation of any such utilities is born by the owner of the property undertaking the future development, and that such future development is otherwise accomplished in accordance with the terms and provisions of this Declaration. 4. Surface Drainage Easement Delta Plaza hereby declares and grants a nonexclusive Easement for surface drainage and for such underground drainage conveyance facilities as are now, or hereafter required, over, upon and across all Common Areas of the Regency Square Shopping Center (exclusive of sidewalks and other portions of the Common Areas which are not reasonably designed to accommodate surface drainage) for the purpose of draining any and all surface water runoff from the improvements, which may, from time to time exist on the Regency Square Shopping Center property. In the event of future development on any portion of the Regency Square Shopping Center, the owner of the lot or parcel undertaking such future development shall, in accordance with law and 2 as approved by the applicable government authorities, provide for appropriate alternative drainage, at such owner ❑s sole expense, if the improvement undertaken increases the surface area runoff. Notwithstanding the foregoing, the drainage and detention of Lot 8, Block 1, Regency Square Subdivision Filing No. 2, shall be subject to the provisions of that certain Easement and Right -of- Way dated Houetxbo -r 9q,2cc and between Delta Plaza Investments, LLC and the City of Pueblo, a Municipal Corporation. S. Maintenance The various owners of lots and /or parcels within the Regency Square Shopping Center shall be responsible, prorata based upon a ratio of square footage of each such lot or parcel to the square footage of all lots or parcels then subject to this Declaration, for the costs of maintaining, in good condition and repair, all parking, driveways and other Common Areas situated on the Regency Square Shopping Center. Such maintenance and repair shall include but not be limited to the following: a. Maintaining the surfaces at such grades and levels that they may be used and enjoyed as contiguous and homogeneous Common Areas and maintaining the surfaces in a smooth and evenly covered condition with the type of surfacing material originally installed or of similar quality, use and durability; and b. Removing all papers, debris, snow, ice, filth and refuse and thoroughly sweeping the areas to the extent reasonably necessary to keep these areas in a neat, clean and orderly condition; and C. Placing, keeping in repair, and replacing when necessary, appropriate directional signs, striping markers and lines; and operating, keeping in repair and replacing, when necessary, artificial lighting facilities and all signs as shall be reasonably required; and d. Maintaining any perimeter walls in good condition and state of repair; and e. Maintaining all landscaped areas, making such replacements of shrubs and other landscaping as is necessary, and keeping these areas at all times adequately weeded, fertilized and watered. f. Paying the cost of all Common Areas lighting, including but not being limited to utilities, and replacement and repair of lighting fixtures. g. Repair and replacement of drainage systems and drainage conveyance facilities, if any, located on or serving the Common Areas. 6. Default In the event that any owner of a lot or parcel within Regency Square Shopping Center shall fail to perform, fulfill or observe any provision or agreement contained in this Declaration, such owner shall be liable for all damages, costs and expenses, resulting therefrom, including but not being limited to reasonable attorneys fees incurred to enforce the provisions of this Declaration or incurred as a result of such default. 7. Covenants Running; with the Land The provisions contained in this Declaration shall run with the land and inure to the benefit of and bind all successors in interest to Delta Plaza. A IN WITNESS WHEREOF, the undersigned has executed this Declaration of Easement this — day of November, 2000. DELTA PLAZA INVESTMENTS, LLC, a Colorado limited liability company ST COUNTY OF /? of /1 ! /� /:_ . 'l 111 Subscribed and sworn to before me this &ay as Manager. Witness my hand and official seal. My commission expires: PAT ANN FUNDERBURK NOTARY PUBLIC STATE Or" COLORADO My Commission Expires 05 -30 -2001 ; Ko`tary Public 2