HomeMy WebLinkAbout06784Reception 1437613
05/01/2002
ORDINANCE NO. 6784
AN ORDINANCE APPROVING THE PLAT OF SOUTHERN COLORADO MEDICAL
CENTER, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Southern Colorado Medical Center, Filing No. 2, being a subdivision of
land legally described as:
All of Lot 1, Block 1 in Southern Colorado Medical Center, Filing No. 1, according to the recorded
plat thereof, filed for record May 1, 1998.
Containing 20. 470 acres.
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
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.
SECTION 4.
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.
'�•y G8 LQ, O�� "
::
INTRODUCED: February 11, 2002
BY: Al Gurule
COUNCIL PERSON
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY: -
ITY CLERK
PASSED AND APPROVED: FPbri,ary25, 200
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Background Paper for Proposed
O RDINANCE
AGENDA ITEM # 9 c
DATE: FEBRUARY 11, 2002
r N
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE PLAT OF SOUTHERN COLORADO MEDICAL
CENTER, FILING NO. 2
ISSUE
Shall City Council approve a request for approval of the Southern Colorado Medical
Center, Filing No. 2 Subdivision?
RECOMMENDATION
The Planning and Zoning Commission voted 7 -0 to recommend approval.
BACKGROUND
The applicant is proposing to replat Lot 1 of the Southern Colorado Medical Center
Subdivision, Filing No. 1 to create the Southern Colorado Medical Center Subdivison,
Filing No. 2. The new filing would create six lots on 20.47 acres south of U.S. Hwy 50W
and east of Pueblo Blvd. The Subdivision Review Committee (SRC) memo on December
21, 2001 outlined four outstanding issues prior to the Planning and Zoning Commission
meeting. The applicants satisfied issues 1, 3 and 4 of the SRC memo prior to the January
13'' Planning and Zoning Commission meeting. Issue 2 — the CDOT request to have the
applicant remove and reseed the old east -west frontage road, as well as providing access
easements to CDOT restricting direct access to Hwy 50 was not included as a condition of
approval by the Planning Commission.
FINANCIAL IMPACT
None
Reception 1437617
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SUBDIVISION IMPxv vEmLFNT A ENJ ENT
THIS AGREEMENT is made on -A-pe t L 1 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and PEAK VIEW BUSINESS CAMPUS, 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
SOUTHERN COLORADO MEDICAL CENTER, 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 (J) 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:
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 ".
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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 (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 recent 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.
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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 the 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 compete 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 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 Required Public
Improvements.
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10. For purposes of this 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 therefore 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 therefore including an
administrative charge of 15% from the owners of the land within the Subdivision.
All such City's costs and administrative charges 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 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 attorney's fees.
14. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
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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. PEAK VIEW BUSINESS CAMPUS, LLC,
a Colorado Limited Liability Company
Subdivider
(SEAL) By:
'
The foregoing instrument was acknowledged before me on A qyj" 15
p 8 b Thomas C. Cone, Manager of Peak View Business Campus, LLC,
a Colorado Limited Liability Company
Subdivider.
M. 5
Ni E
OF CD
expires: '1 I i ca l 2m 1--
PA41. 1..4 -M 46
1 C -'QL0 24b00 fdlftl
V. Akzii�
No ary Public
1Jly Comm. Expires 07/101200?
APPROVED AS TO FORM:
City Attorne
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& (A
0 —
Ae)J tp 7Z,
5
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n
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
All of Lot 1, Block 1 in Southern Colorado Medical Center, Filing No. 1, according to the
recorded plat thereof, filed for record May 1, 1998.
Containing 20.470 acres.
7
S U E D MSIO N I M P R O V EM EN T S A G R EEM EN T
EXHIBIT "B"
SUBDMSION NAME:
DEVELOPER:
ENGINEER:
PHASE 1 LOT 6)
STREETS (PARKER BQULEVARD)
Asphalt Patch (8" Full Depth)
WATER
1" Services (80' ROW)
Southern Colorado Medical Center, Filing No. 2
Peak View Business Campus, LLC
NorthStar Engineering and Surveying, Inc.
10 SY @ $23.50 /SY = $235
1 EA @ $650.00 /EA = $650
TOTAL $885
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SUBDIVISION IMPROVEMENTSAGREEMENT
EXHIBIT "B"
SUBDMSION NAME: Southern Colorado Medical Center, Filing No. 2
DEVELOPER:
ENGINEER:
PHASE 2 (LOT 7)
STREETS (PARKER BOULEVA
Asphalt Patch (8" Full Depth)
WATER
1" Services (80' ROW)
SANITARY SEWER
6" Services (80' ROW)
Peak View Business Campus, LLC
NorthStar Engineering and Surveying, Inc.
25 SY @ $23.50 /SY = $588
1 EA @ $650.00 /EA = $650
1 EA @ $1,049.00 /EA = $1,049
TOTAL $2,287
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SUBDIVISION IMPROVEMENTSAGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 2
DEVELOPER:
ENGINEER:
PHASE 3 (LOT 8)
STREETS (PARKER BOULEVARD
Asphalt Patch (8" Full Depth)
WATER
1" Services (80' ROW)
SANITARY SEWER
6" Services (80' ROW)
Peak View Business Campus, LLC
NorthStar Engineering and Surveying, Inc.
25 SY @ $23.50 /SY = $588
1 EA @ $650.00 /EA = $650
1 EA @ $1,049.00 /EA = $1,049
TOTAL $2,287
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SUBDIVISION IMPROVEMENTSAGREEMENT
EXHIBIT "B"
SUBDMSION NAME: Southern Colorado Medical Center, Filing No. 2
DEVELOPER: Peak View Business Campus, LLC
ENGINEER: NorthStar Engineering and Surveying, Inc.
PHASE 4 (LOT 9)
STREETS (PA RKER BOULEVARD)
Asphalt Patch (8" Full Depth)
WATER
1" Services (80' ROW)
SANITARY SEWER
6" Services (80' ROW)
25 SY @ $23.50 /SY = $588
1 EA @ $650.00 /EA = $650
1 EA @ $1,049.00 /EA = $1,049
TOTAL $2,287
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SUBDIVISION IMPROVEMENTSA GREEMENT
EXHIBIT IS
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
Southern Colorado Medical Center, Filing No. 2
Peak View Business Campus, LLC
NorthStar Engineering and Surveying, Inc.
PHASE 5 (LOT 10 and LOT 11)
No modifications necessary for Lot 10- water and sewer services exist.
STREETS (PARKER BOULEVARD)
Asphalt Patch (8" Full Depth) 25 SY @ $23.50 /SY =
WATER
1" Services (80' ROW)
SANITARY SEWER
6" Services (80' ROW)
$588
1 EA @ $650.00 /EA = $650
1 EA @ $1,049.00 /EA =
TOTAL
$1,049
$2,287
GRAND TOTAL 10 031
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: D.H.
FIRM: NorthStar Engineering and Surveying, Inc.
The undersigned hereby certifies that (i) the quantities of construction elements shown
W ately depicts the quantities necessary to construct the Required Public
t end (ii) the unit prices shown hereon are the most current unit prices
c �&Pb�L�Pc1ty of Pueblo.
Professional Engineer Date
City of Pueblo
S5M 4- Into-
Page 5 of 5
REVIEWED BY:
Reception 1437618
05/01/2002
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the
Am L;5 'Z.pp7. Subdivision Improvements Agreement for
* (herein the "Subdivision ") and enforceable as
provided in said Subdivision Improvements Agreement.
*SOUTHERN COLORADO MEDICAL CENTER, FILING NO. 2.
The Subdivider will develop SOUTHERN COLORADO MEDICAL CENTER, F ILING NO. 2
in separate phases to be identified herein as Phase I, Phase II, (etc.)
2. Phase I shall consist of the following lots within the Subdivision:
Lot 6
Phase
2
shall
consist
of
the
following
lots
within
the
Subdivision:
Lot 7
Phase
3
shall
consist
of
the
following
lots
within
the
Subdivision:
Lot 8
Phase
4
shall
consist
of
the
following
lots
within
the
Subdivision:
Lot 9
Phase
5
shall
consist
of
the
following
lots
within
the
Subdivision:
Lots 10
& 11
3. Phase II shall consist of the following lots within the Subdivision:
Please refer to #2 above
4. The Subdivider shall construct and install all of Required Public
Improvements in the manner and as described in the Subdivision
Improvements Agreement needed and required to serve the lots within
each Phase.
5. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision
and an event requiring completion of the improvements in one Phase will
not require completion of improvements in the other Phase.
6. After completion of the Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the
lots in that Phase from the agreement and this addendum.
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7. The Subdivision Improvements Agreement as amended by this Addendum
shall remain in full force and effect and 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 and Subdivider and their
respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado as of AVrj L L Z5 , 0 2 — ® A •)
PEAK VIEW BUSINESS CAMPUS, LLC,
a Colorado Limited Liability Company
Subdivider
By:
Thomas C. Cone, Manager
C
(Seal)
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 15 T44
day of A ? mi L b2 by Thomas C. Cone, Manager of PEAK VIEW BUSINESS
CAMPUS, LLC , , a Colorado Corporation, Subdivider.
a Colorado Limited Liability Company
My commission expires: "11 �'�00'2-
21
w S7rj G No ary Public
w C F C:
MAN Comm. Expires 0711012007
CITY OF PUEBLO
A Municipal Corporation
By: a
President of the Council
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EASEMENT AND RIGRT OF WAY
THIS EASEMENT, granted this [ "T 44 day of 91;.1 �. , by
PEAK VIEW BUSINESS CAMPUS. , Grantor, to PUEBLO, a Municipal Corporation, Grantee:
LLC, a Colorado Limited Liability Company
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 sanitary sewer
in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as * and described as follows: (the
"Property ") *Lots 6 and 7,
Block 1 in Southern Colorado Medical Center, Filing No. 2
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's 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 be 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 (b) 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 be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this day of 42 fl, i L
L
GRANT R P AK "V - VIEW BUSINESS CAMPUS, LLC,
C rado Limited Liability Company
By:
Thomas C. Cone, Manager
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 1! T j- day of
.?sy l►_ , �7D`). -,, by Thomas C. Cone, Manager of PEAK VIEW BUSINESS
CAMPUS, LLC, a Colorado Limited Liability Company.
Witness my hand and official seal.
mmission expires: %-
'(SF�jLl � '�1 � �
c� N tary Public
LW Comm. Expires 07/10/2002
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EXHIBIT A
PROPOSED SANITARY SEWER EASEMENT:
An easement for sanitary sewer purposes located in Block 1 in Southern Colorado
Medical Center, Filing No. 2, according to the recorded plat thereof, said easement
being 20 feet in width, 10 feet on each side of the following described centerline:
The lot line common to Lots 6 and 7 in said Block 1.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
January 23, 2002
JN 01057 00
Reception 1437620
05/01/2002
DECLARATION OF COVENANTS CONCERNING
PRIVATE DRAINAGE AND
DRAINAGE DETENTION EASEMENTS FOR
(type of easement)
SOUTHERN COLORADO MEDICAL CENTER, FILING NO. 2
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of An-1 L L 5
t >9 1 2 , by Peak View Business Campus, LLC, a Colorado Limited Liabilit Company
102 N. Cascade, Suite 250, Colorado , herein the "Declarant ".
Springs, CO 80903.
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
landscaping, drainage, storm water detention, streets, sidewalks, or 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 all private drainage improvements
, 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 SOUTHERN COLORADO M EDICAL CENTER, FILING NO.2 3
Subject Property means the real property located in Pueblo County, Colorado and
described in the attached Exhibit "A ".
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject
Property.
1. 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.
3. Insert name of subdivision.
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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 the plans and specifications therefore 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 costs 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.
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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 enforceable at law or in equity by any Lot Owner 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.
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7. Applicable Law
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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.
PEAK VIEW BUSINESS CAMPUS, LLC
a Colorado Limited Liability Company
Decl t
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO) Thomas C. Cone, Manager
AA The foregoing instrument was acknowledged before me this � day of
A !2 jz.1 L. ,Qov by Thomas C. Cone, Manager of P eak View Business Campus, LLC,
a Colorado Limited Liability Company.
Witness my hand and official seal.
My commission expires: 1 m 1 2 • c7..,
0 7..1 A vw9&n.. v.— L—u. �r s
V"r -QPL-'q) G'Duz� Q-* d?o /
AL) $SOB Notary Public
j �.o ° Ap
My Comm. Expires 07/10/2002
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EXHIBIT A
All of Southern Colorado Medical Center, Filing No. 2, according to the recorded plat
thereof.