HomeMy WebLinkAbout06642Reception 1369625
02/14/2001
ORDINANCE NO. 6642
AN ORDINANCE APPROVING THE PLAT OF PUEBLO METRO - CENTER
MALL, FILING NO. 4, SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Pueblo Metro- Center Mall, Filing No. 4, Subdivision being a
subdivision of land legally described as:
Pueblo Metro Center Mall, Filing No. 3, A Special Area Plan, together with
Lots 1 and 4, Block 1 and Parcel F, Block 2 of Pueblo Metro - Center Mall,
Filing No. 2, A special Area Plan, containing 3,370,394 square feet or 31.4599
acres more less,
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 Pueblo Municipal Code, 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.
1 1
SECTION 4. 1369625 02/14/2001 08:04A ORD Chris C. Munoz
2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Ree
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 Pueblo Municipal Code 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 26 2000
B Patrick Avalos
�r
A 'T T `} F
City Clerk
APPROVED
of the City Council
PASSED AND APPROVED January 8, 2001
11/30/00
Reception 1369633
02/14/2001
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on ,
, between the CITY OF PUEBLO, a Municipal Co oration ( "City ") , and
PUEBLO/ROS, INC., a Washington corporation, ( "Ros "), COLUMBIA PROPERTIES LLC, a
Colorado limited liability company ( "Columbia ") and WAL -MART REAL ESTATE
BUSINESS TRUST, a Delaware business trust ( "Wal- Mart") (collectively the "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 Pueblo
Metro - Center Mall, Filing No. 4 ( "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 (1) 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, Tide 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:
1. 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 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
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1369633 02/14/2001 08:04A SUED AG Chris C. Munoz
2 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Rae
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 (1000P 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 7�
uncompleted Required Public improvements in at least one half (1/2) 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.
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.
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1369633 02/14/2001 08:04A SUBD AG Chris C. Munoz
3 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Roo
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 -Me entire length of such block, the Director of
Public Works shall cause all collateral or monies in escrow to 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 this Agreement, the "block" shall mean bothers 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 m 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.
LL
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1369633 02/14/2001 08:04A SUBD AG Chris C. Munoz
4 of 8 R 40.00 D 0.00 Pueblo C!y Clerk & Ree
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 its 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 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 its 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
actin
this Agreement to be executed and attested by its duly authorized and
C]
Is
City k
APPROVED AS TO FORM:
City Attorne
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1369633 02/14/200'_ 08 :04A SUBD AG Chris C. Munoz
5 of 8 R 40.00 D 0.00 Pueblo Ct.y Clerk 8 Roc
Assistant Secretary
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
The foregoing instrurr}ent was acknowle
, by o itl ,,
Council, and 1r4 A tx }c_y e f
City of Pueblo, Colorado.
My commission expires:
ySTARy.
TEH:maw 377777.01 02/06/2001
PUEBLO/ROS, INC., a Washington
corporation
By
Its
COLUMBIA PROPERTIES LLC, a Colorado
limited liability company
Its
WAL -MART REAL ESTATE BUSINESS
TRUST, a Delaware business trust
Robert M Bpdar
Its Assistant Vice rest ent
"Subdivider"
before me ozr z 6 Do l
President of City
as City Clerk of the
(v jai /a-oo3
4Not Public
A vah a le i
b
s Wal -Mart Legal Team r
ate!
Data: -��
1111111111111111111111111111111111 IM 111111111111 IN
State of LAAAJ A - 1369633 02/14/2001 08:04A SURD AS Chris C. Munos
6 of S R 40.00 D 0.00 Pueblo C!y Clerk & Rec
County of � �_ '' nn tt
The foregoing inst e ( � nt was owledged before e this �° day of
2 2001, by �U.l� � . the of
Pueblo/Ros, Inc., a Washington corporation, on behalf o e corporation.
(S
i;; p 126817.1
avps txu *
NyCORMEOesM1Q.=4 Notary Public
State • _►mot►► !►_ ►_�
C ounty • faO! ` ,j
The
foregoing instrument was acknow eddg �b me t us �� day of
2001 by +"X)"M. _ g of Columbia
F limited liability company, on behalf of the limited li bility company.
Ij -q -o3
e �� "6 M
Notary Public
The foregoing instrument was acknowledged before me this QlLdav of
, 2000, by Robert M . Bedard ^ , the Assistant Vice President of
Wal -Mart ea s to Business Trust, a Delaware business trust, on behalf of the trust.
(Seal and Expiration Date)
EDe OTARY SEAL "
e L. Cawood, Notary Public
County, State of Arkansas
mission Bxpires 11/30/2009
n4o M
VA • .
TEH:maw 377777.01 02/06/2001
County of
1369633 02/14/2001 08:04A SUED AG Chris C. Munoz
7 of 8 R 40.00 D 0.00 Pueblo Ct.y Clerk A Roc
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
PUEBLO METRO - CENTER MALL, FILING NO. 3, A SPECIAL AREA PLAN, TOGETHER WITH LOTS 1
AND 4, BLOCK 1 AND PARCEL F, BLOCK 2 OF PUEBLO METRO - CENTER MALL, FILING NO. 2, A
SPECIAL AREA PLAN, CONTAINING 1,370,394 SQUARE FEET OR 31.4599 ACRES, MORE OR
LESS.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Pueblo Metro - Center Mall, Filing No. 4
DEVELOPER: Wal -Mart Stores, Inc., Columbia Properties LLC
ENGINEER: CLC Associates, Inc.
ITEMIZATION OF PUBLIC IMPROVEMENTS
ITEM DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
1. Wal -Mart Stores, Inc.
A. Tract A Detention Facility & Storm Sewer
15" Pipe
320
LF
$30.00
$9,600.00
18" Pipe
190
LF
$36.00
$6,840.00
24" Pipe
455
LF
j $48.00
$21,840.00
Inlets
3
EA
$3,600.00
$10,800.00
30" Pipe
75
LF
$60.00
$4,500.00
36" Pipe
380
LF
$72.00
$27,360.00
54" Pipe
392
LF
$118.00
$46,256.00
Manholes 60" dia.
8
EA
$2,000.00
$16,000.00
Flared End Section
5
EA
$1,200.00
$6,000.00
Concrete Channel Lining
480
LF
$20.00
$9,600.00
Outlet Structure (4'x4')
1
EA
$3,000.00
$3,000.00
Grading
3.37
AC
$16,000.00
$53,920.00
Planting and Vegetation
3.37
AC
$12,000.00
$40,440.00
Riprap (incl. Filter Blanket)
200
CY
$50.00
$10,000.00
B. Water System
48" Water Main
620
LF
$358.00
$221,960.00
SUBTOTAL
$488,116.00
10% CONTINGENCY
$48,811.60
TOTAL
$536,927.60
2. Columbia Properties LLC
A. Sanitary Sewer System
8" Main (0 -12' depth)(Public)
710
LF
$29.00
$20,590.00
8" Main (0 -12' depth)(Private)
1,015
LF
$29.00
$29,435.00
48" Dia. Manholes (Public)
4
EA
$2,170.00
$8,680.00
48" Dia. Manholes (Private)
4
EA
$2,170.00
$8,680.00
Building Services (40' R.O.W.)(Private)
31
EA
$500.00
$15,500.00
B. Water System
8" Water Main (incl. Valves)
1,800
LF
$35.00
$63,000.00
Fire Hydrant Assembly
7
EA
$2,500.00
$17,500.00
Service Lines
29
EA
$850.00
$24,650.00
C. Storm Sewer System
15" Pipe
160
LF
$30.00
$4,800.00
18" Pipe
98
LF
$36.00
$3,528.00
24" Pipe
120
LF
$48.00
$5,760.00
30" Pipe
10
LF
$60.00
$600.00
Inlets
6
EA
$4,000.00
$24,000.00
Flared End Section 24"
1
EA
$675.00
$675.00
Manholes 48" dia.
4
EA
$2,170.00
$8,680.00
SUBTOTAL
$236,078.00
10% CONTINGENCY
$23,607.80
TOTAL
I
1
$259,685.80
GRAND TOTAL 1 AND 2
1
1
$796,613.40
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This is an estimate only. Actual construction costs may vary.
PREPARED BY: Charles R. Davis
FIRM: CLC Associates, Inc.
REVIEWED BY: ��/ 2-/0
City of Pueblo
Reception 1369635
02/14/2001
DECLARATION OF COVENANTS CONCERNING
Ingres /Egress and Utilities EASEMENTS FOR
(type of easement)
Pueblo Metro Center Mall, Filing No. 4, A Special Area Plan
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of 4��F BRq A/ 7. tkbI
by Columbia Properties LLC, a Colorado Limited Liability Company
' herein the "Declarant ".
DEFINITIONS
"Easement " means and includes the land shown and dedicated on the plat of the Subdivision,
or otherwise granted or dedicated in or outside of the Subdivision, for drainage, detention, streets,
sidewalks, and utility purposes that serve or benefit the Subdivision. Easements granted or
dedicated outside of the Subdivision are described in the attached Exhibits ( "B ", "C").
" Facilities" means and includes Private Road, Private Sanitary Sewer and Priv
Water Lines located in an Easement.
"Lot" means a lot or other designated parcel of land within the Subdivision other than
Easements.
"Lot Owner" means and includes all persons and entities having any right, title or interest
in and to a Lot, or any part thereof.
"Subdivision" means the Pueblo Metro Center Mall, Filing No. 4, A Special Area Plan
"Subject Property" means the real property located in Pueblo County, Colorado
Pueblo Metro Center Mall, Filing #4, A Special
Area Plan, except Lot 1, Block 1 and Tract A.
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject Property.
' insert name and address of property owners
2 describe all improvements, the repair, maintenance and replacement of which are not the
obligation of the City nor any provider of utility services
s insert name of subdivision
DPW 105
-1-
B. Declarant intends to or has subdivided the Subject Property and platted the Subject
Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the Subdivision and to
insure the proper installation, maintenance and repair of the Easements and Facilities.
NOW, THEREFORE, Declarant declares that the Subject Property and all Lots within the
Subdivision shall be held, transferred, sold, conveyed, occupied and used subject to the following
covenants, conditions and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration of
Covenants is to insure the proper and orderly development of the Subject Property and to provide
a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots
within the Subdivision.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance with plans
and specifications therefor approved by, and on file with the City of Pueblo. Declarant shall record
this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder
contemporaneously with but immediately after the recording of the plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the Facilities
in good working order and condition and for the repair and replacement of the Facilities located in
an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall
be jointly and severally liable for maintaining the Facilities in good working order and condition
and for the repair and replacement of the Facilities.
(c) The City of Pueblo is granted the right at its option (but not the obligation)
to inspect, control, repair, maintain and replace the Facilities and to recover all cost and expenses
thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and
administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon
recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth
City's cost and describing the Lots 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 of Pueblo
to any liability for such failure.
3. Binding Effect Each of the covenants and provisions of this Declaration of
Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever
be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal
representatives, successors and assigns.
4. Enforcement
(a) The covenants and provisions of this Declaration of Covenants shall be
-2-
enforceable at law or in equity by any Lot uwner or the City of Pueblo against any person or entity
violating, attempting to violate, or not complying with any of the covenants and provisions of this
Declaration of Covenants.
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of the
covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed
to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City
of Pueblo to any liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive relief, or
both. In the event of any action or litigation arising out of or to enforce this Declaration of
Covenants, the Court shall award the prevailing party its costs and expenses including reasonable
attorney fees. Venue for any such action shall be in the District Court In And For The County of
Pueblo, State of Colorado and, for purposes thereof, Declarant and all Lot Owners agree to submit
to the jurisdiction of that Court.
5. Survival Invalidation of any one of the covenants or provisions of this Declaration
of Covenants whether by final judgment or court order shall not affect any of the remaining
covenants or provisions, which shall remain in full force and effect.
6. Modification Neither this Declaration of Covenants nor any of the provisions hereof
may be cancelled, terminated, amended or modified without the prior written consent of all the Lot
Owners and the City of Pueblo.
7. Applicable Law This Declaration of Covenants shall be construed, interpreted and
enforced in accordance with the laws of the State of Colorado.
Executed the day and year first above written. COLUMBIA PROPERTIES LLC, a Colorado
Limited Liability Company by:
T -E -H Developers, Inc., a Colorado
Corporation, as na er
Declarant Thomas E. Hausman, President
COUNTY OF PUEBLO
STATE OF COLORADO � ss.
as Manager of Columbia Properties LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
-�� by Thomas E. Hausman, President of •T -E -H Developers, Inc,, a Colorado Corporation
2001 The foregoing instrument was acknowledged before me this 6th day of February
mmission expires: 11 -4 -03
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oNtary Public
Reception 1369634
02/14/2001
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
This Addendum is entered into this day of , 2 00 , by and
between the CITY OF PUEBLO, a municipal corporation ( "City ") and PUEBLO/ROS, INC., a
Washington corporation ( "Ros "), COLUMBIA PROPERTIES LLC, a Colorado limited liability
company ( "Columbia ") and WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware
business trust ( "Wal- Mart"), and shall be incorporated in and become a part of the Subdivision
Improvements Agreement for the PUEBLO METRO - CENTER MALL, Filing No. 4 (herein the
"Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. In the event of any inconsistency between the terms of the Subdivision
Improvements Agreement and this Addendum, the terms of this Addendum shall control.
2. Wal -Mart, Ros and Columbia are collectively referred to as "Subdivider ".
3. Wal -Mart shall be solely responsible for the construction of that portion of
the Required Public Improvements located on Lot 1 and Tract A of Block 1 (the "Wal -Mart
Property "). Columbia shall be solely responsible for the construction of that portion of the
Required Public Improvements located on the balance of the property located in the Subdivision
(the "Columbia Property ") . Ros shall have no responsibility for the construction of any portion
of the Required Public Improvements in the Wal -Mart Property. The City agrees that all of the
Required Public Improvements located on property owned by Ros in the Wal -Mart Property
shall be constructed by Wal -Mart, and the City shall have no recourse against Ros related to the
same. Wal -Mart hereby indemnifies and holds Ros harmless from and against any and all costs,
liabilities, expenses (including reasonable attorney's fees), damages, or claims arising out of the
Subdivision Improvements Agreement and this Addendum.
4. The City agrees that so long as Wal -Mart performs its obligations
hereunder, no default by Columbia under the terms of the Subdivision Improvements Agreement
or this Addendum shall constitute or be deemed to constitute a default by Wal -Mart. The City
agrees that so long a Columbia performs its obligation hereunder, no default by Wal -Mart under
the terms of the Subdivision Improvements Agreement or this Addendum shall constitute or be
deemed to constitute a default by Columbia.
5. The City's recourse against Columbia for a default under the terms of the
Subdivision Improvements Agreement or this Addendum shall be limited to Columbia and the
Columbia Property, and in such event, the City shall have no recourse against Wal -Mart, Ros or
the Wal -Mart Property or delay the issuance of a certificate of occupancy for improvements
constructed on the Wal -Mart Property. The City's recourse against Wal -Mart for a default under
the terms of the Subdivision Improvements Agreement or this Addendum shall be limited to
Wal -Mart and the Wal -Mart Property, and in such event, the City shall have no recourse against
Columbia or the Columbia Property or delay the issuance of a certificate of occupancy for
improvements constructed on the Columbia Property.
6. Notwithstanding anything in the Subdivision Improvements Agreement to
the contrary, the City agrees that Wal -Mart shall have until that date which is 180 days from the
date it applies for a building permit to commence construction of the Required Public
Improvements on the Wal -Mart Property. Notwithstanding anything in the Subdivision
Improvements Agreement (including without limitation, Section 9 thereof) to the contrary
TEH:maw 377280.03 02/06/2001 1
1369634 02/14/2001 08:04A ADD AG Chris C. Munoz
2 of 3 R 23.00 D 0.00 Pueblo Cty Clerk 8 Roe
Wal -Mart shall complete the construction of the Required Public Improvements on the Wal =Mart
Property on or before the earlier of (i) the issuance of a certificate of occupancy for any building
or structure on the Wal -Mart Property or (ii) that date which is 24 months from the date that
construction of the same is commenced.
7. The Construction Plans applicable to the Required Public Improvements
prepared by CLC Associates, Inc. and signed by the Director of Public Works for the City or his
authorized representative and referenced as Job No. 31817 are hereby approved for general
conformance to City standards by the City.
8. Wal -Mart shall be fully responsible for any all amounts owed to the City
resulting from obligations associated with the Required Public Improvements to be constructed
on the Wal -Mart Property.
9. The City agrees that prior to taking any action to enforce Wal -Mart's
obligations pursuant to the terms of the Subdivision Improvements Agreement and this
Addendum, the City shall provide Wal -Mart written notice and 30 days to cure any alleged
deficiency or default. The City shall exercise such rights of entry in a manner that does not
materially disturb Wal -Mart's ongoing business operations on Lot 1 Block 1.
10. This Addendum may be executed in one or more counterparts, each of
which in the aggregate constitutes one and the same instrument.
11. The covenants of this Addendum shall run with the land within the
Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo
and Subdivider and their respective heirs, personal representatives, successors and assigns. This
Addendum may be specifically enforced against the Subdivider and subsequent owners of lots
within the Subdivision.
12. This Agreement shall or may be executed in one or more counterparts, all
of which in the aggregate shall constitute one and the same instrument.
Executed at Pueblo, Colorado as of the date and year stated above.
• TEH:maw 377280.03 02/06/2001 2
CITY OF PUEBLO, a municipal corporation
i•
11111111111111111111111111111111111111111111111111 IN
1369634 02/14/2001 08:04A ADD AG Chris C. Mu
3 of 5 R 25.00 D 0.00 Pueblo C1,y Clark & Roe
Attest:
risti Philli
Assistant Secrttary
TEH:maw 377280.03 02/06/2001
PLANNING COMMISSION FOR THE CITY
OF PUEBLO
By I
Its Chairperson
DEPARTMENT OF PUBLIC WORKS FOR
THE CITY OF PUEBLO
By r&,1 &,
Its Director of Public Works
PUEBLO/ROS, INC., a Washington
corporation
By A ..
Its
COLUMBIA PROPERTIES LLC, a Colorado
limited liability company
� • ft
Its
WAL -MART REAL ESTATE BUSINESS
TRUST, a Delaware business trust
By ao_ - Z'
R o b ert Be
Its Assistant Vice Pre ' e as I a
b
Wal -Mart Legal To
Date :c� : '.
IIIIIII IN IN 11111111111111 IN IN
Munoz
State of Colorado 1369634 02/14/2001 08:04A ADD AG Chris C.
4 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Rea
County, of
rc,
'Thee foregoing ins ent wa ackn (wledged befor me this day of
� 2 01 by Zu , the
. 6T. j eUty of Pubbl , a municipal corporation, on behalf of the municipal corporation.
( eai and Expiration Date)
Notary Public
State of Colorado
County of
The foregoing instrument was acknowledged before me this day of
, 2001, by , the Chairperson of the Planning
Commission for the City of Pueblo.
(Seal and Expiration Date)
State of Colorado
County of Rjea
Notary Public
The foregoin instrument was acknowledged before me this la''' day of
Rbf`'Up , 2001, by Ua r- , the Director of Public Works for
the Department of Public Works for the City of Pueblo.
(Seal and-,apirat t ate)
Notary Public
4 TEH:maw 377280.03 02/06/2001 4
'A'
C 4er a do RU , a
State of Celararla 11111111111111111111111111111111111111111111 IN
1369634 02/14/2001 08:04A ADD AG Chris C. Munos
County of 5 of 9 R 23.00 D 0.00 Pueblo Cty Clerk & Ree
The foregoing instrument wad acknowledged before e this 6 day of
2001, by k . k,:X , the
of Pueblo/Ro , Inc., a Washington corporation, on beh f of the corporation.
(Seal and Expiration Date)
L I GALLUP
commission i 1268125
Wotray P jbk - Ccf bMb
orange Courtly
4 1 & My Cantu. � 1ut 1M 21704
State of Colorado
County of
J•
Notary Pu is
The foregoing instrument was acknowledged before me this �O_ day of
p)bt L r. , 2001, by - fGlWb s�. f�ous,,n�, to T d�uei'dn�rs nr. QA rnaaa�'p�
of Columb Properties, LLC, a Colorado limited liability company, on behalf of the limited
liability c
P
(Se
State o "11+0
County of Benton
JJ -q_
1
r � l �_ Z x• m 11 ► � ►►
N o t ary ,
The foregoing instrument was acknowledged before me this � day of
2001, by � Robert M . Bedard ' an Assistant Vice President of
Wal -Mart R state Business Trust, a Delaware business trust, on behalf of the business trust.
(Seal and Expiration Date)
"NOTARY SEAL "
awood, Notary Public
ty, State of Arkansas
on Expires 11130J2009
TEH:m aw 377280.03 02/06/2001
L wnv� F_,
eave.
�
5