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HomeMy WebLinkAbout07014Reception 1555449 03/11/2004 ORDINANCE NO. 7014 AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Park West Business Campus Subdivision, Filing No. 1, being a subdivision of land legally described as: All of Lot 1, Block 4 and vacated Spaulding Avenue (Tuxedo Boulevard) adjacent thereto in Southern Colorado Medical Center, Filing No. 1 according to the recorded plat thereof, filed for record May 1, 1998. Containing 3.628 acres, total. 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 nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard IIIIII VIII IIIIII VIII III IIIIIIII VIII III VIII IIII IIII 155 of 3 P ChrisC.Munoz Pueb1oCtYC1k &Rec ORD R 16.00 D 0.00 to the enforcement 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 requirements 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 Pueblo Municipal Code, 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pa ge: 55 of 3 P ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 16.00 D 0.00 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 becomes effective. INTRODUCED: June 23, 2003 BY: Al Gurul COU ILP f (� i 9 � l e w P g APPROVED: PRESIDENT OF CITY COUNCIL ATTE$ �u CLERK PASSED AND APPROVED: July 14, 2003 �o CD Background Paper for Proposed ORDINANCE 3S AGENDA ITEM # DATE: June 23, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/GLYNIS A. JORDAN, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS SUBDIVISION, FILING NO. 1 ISSUE Shall City Council approve a request to subdivide the existing parcels and former Spaulding Avenue ROW into one parcel, totaling 3.628 acres, for the purposes of commercial development? RECOMMENDATION The Planning Commission voted unanimously to recommend approval BACKGROUND The applicant is proposing to subdivide the existing parcels and former Spaulding Avenue ROW into one parcel, totaling 3.628 acres, for the purposes of commercial development. Additionally, it is immediately adjacent to the proposed YMCA Facility, which has been coordinated with this review and approval process. The applicant has addressed all of the Conditions of Approval with the exception of Transportation's issue concerning the signalization of Spaulding and Parker. Anticipating resolution of this remaining issue prior to the first reading, Public Works has asked that the application be scheduled for the City Council's agenda. FINANCIAL IMPACT None Reception 1555452 03/11/2004 SUBDIVISION IMPROVEMENTS AGREEMENT 03/11/2004 1 /2004 0 4.11P R 46.00 D 0.00 THIS AGREEMENT is made on A¢� � 4 >ue -10 0 between the CITY OF PUEBLO, a Municipal Corporation `City"), and teak View Business Campus LLC a Colorado Limited Liability Compan ( "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 park wPGt- Business Campus, Filing No. 1 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title X11 of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title X11 of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and show on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents'). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and 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. Z. 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, DPw101 02/03/04 III IIIIIIIIIIIII Page: 55 2 of 9 P ChrisC.Munoz Pueb1oCtYC1k&Rec SUBD AG R 45.00 D 0.00 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 Improve- ments 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. DYW 101 02/03/04 11111 Jill 1111 0 555452 ChrisC.Munoz PuebloCtyClk &Rec SU 1/2004 04. BD AG R 46.00 D 0.00 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 Chapter 4, Title XII of the Pueblo Municipal Code, 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 DPwioi 02/03/04 lip IIIIIII VIII IIIIIIIIIII III IIIIIIIIIIIII IIIIIIII IIIIIIII 1555452 4 of 9 P ChrisC.Munoz Pueb1OCtyC1kSRec SUED AG R 46.00 D 0.00 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. 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 or encumbrance 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 arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. DPW101 02/03/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 555452 ChrizC.Munoz PuebloCtyC1k&Reo SUED AG R 46 /1 1 / 2004 D 04.11P 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and o a . ee Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to described or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from SubdividWs obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. 15. All Required Public Improvements shall be constructed and installed in compli- ance with all applicable standards and specifications approved by City Council. 16. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 17. 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 Compan Subdivide (SEAL) By: By: Thomas C. Cone, Manager The foregoing instrument was acknowledged before me on _ X93 �N ,� U A by ThomaG_C. Cone. Manager of Peak View Business Campus, Subdivider. LLC, a Colorado Limited Liability Company My commission expires: - j o (2 -0 o( 21 rtt�.€4a..k �A�E Db*a.� -o� �Oe�aLeom Tool VA. . ST�4q O • pTAlq '• ` 9 DPW101 NA• :, UB0 -C 02/03/04 9 �iC� '• •....• •• ;W 1 4 Notary Public My Commission Expires 07 -10 -2005 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1555 6 of 9 P ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 ATTEST: City erk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municipal Corporation B Pr ,- i e dent of City Council The foregoing instrument was acknowledged before me this 2nd _ March day of President of City Council and 2004 by _Randy Thurston �' Dina D as u c ther as City Clerk of the City of .d and official seal. expires: 5 -21 -2007 No Public APPROVED AS TO FORM: City Attorney DPw101 02/03/04