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07015
Reception 1555454 03/11/2004 ORDINANCE NO. 7015 AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS SUBDIVISION, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Park West Business Campus Subdivision, Filing No. 2, being a subdivision of land legally described as: All of the W Y2 of the SW' /4 of Section 15, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, formally known as Electric Heights, EXCEPT for the N %2 of the NW '/4 of the SW '/4 of said Section 15. Containing 58.884 acres. AND All of the NE '/4 of the NW ' / 4 of the NW ' / 4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado. Containing 9.810 acres. AND A portion of the E %2 of the SW ' / 4 of Section 15, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and and State of Colorado and being more particularly described as follows: Considering the South line of the W '/2 of the SW '/ of Section 15, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 01 0 43'18" W. and all bearings contained herein being relative thereto. Beginning at the Southwest corner of the said E %2 of the SW 1/4; thence N. 88 0 42'57" E., along the West line of the said E '/z of the SW ' / 4, a distance of 2169.37 feet; thence Southeasterly, along the arc of a curve to the right whose center bears S. 37 °47'58" W. and whose radius is 550 feet, a distance of 484.56 feet; thence S. 01 43'18" E., a distance of 1125.14 feet; thence, Southeasterly, along the arc of a curve to the left whose radius is 450 feet, a distance of 300.10 feet; thence S. 39 0 55'52" E., a distance of 431.95 feet to the South line of the said SW '/4; thence S. 88 0 03'10" W., a distance of 563.59 feet to the Point of Beginning. Containing 11.405 acres. Containing 80.099 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 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 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. Cl , INTRODUCED: June 23, 2003 BY: 1 COUN E APPROVED: PRESIDENT OF CITY COUNCIL o ' a't -V A _ 4 1D QY: TY CLERK PASSED AND APPROVED: July 14, 2003 CD Background Paper for Proposed ORDINANCE AGENDA ITEM # Attv 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. 2 ISSUE Shall City Council approve a request to subdivide the existing 67.15 -acre parcel into five parcels; ranging in size from .03 acres to 43.853 acres for the purposes of commercial development? The Planning Commission voted unanimously to recommend approval. BACKGROUND The applicant is proposing to subdivide the existing parcel into five parcels for the purposes of continuing the existing commercial development patterns of the area. 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 1555459 03/11/2004 SUBDIVISION EUPROVEMENTS AGREEMENT THIS AGREEMENT is made on frjSVLV, hsL a rb ) 0 '1.QQ between the CITY OF PUEBLO, a Municipal Corporation (" ity" , and _c?wanzo, LLC, a Colorado Limite Liability Company and the Young Men's Christian Association of Pueblo, Colorad _a_Cnlnradn Nnn— nrnfi_t Corporation ( "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 west Rnain cc rampus. Filing No 2 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title X11 of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII 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: 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. 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, DPW 101 02/03/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 555459 ChrisC.Munoz PuehloCtyClk &Rea SUBD AG R 61.00 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. DPW101 02/03/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 55 3 of 12 P ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD AG R 61.00 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 i IIIIII VIII IIIIII VIII IIII VIII Iilllll III VIII IIII IIII 155 f o12 P ChrisC.Munoz PuebloCtyClURec SUBD AG R 61.00 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. DPW 101 02/03/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 555 12 ChrisC.Munoz Pueb10CtyC1k &Rec SUBD AG R 61.00 D 0.00 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and 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 Subdivider's 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. Qwanzo, LLC, a Colorado Limited Liabili Subdivider Compa y . By : U� By: Thomas C. Cone, Manager Young Men's Christian Association of Subdivider Pueblo, Colorado, a Colora Non - profit Corporation By: By: Te ry c wood, C.E.O. The foregoing instrument was acknowledged before me on fVP2114 kn-A Q4 , by Thnmac r. - Cone, Manager of Qwanzo, LLC, a Colorado Limitg 46ubdivider. Liability Company and Terry Lockwood, C.E.O. of the Young Men's Christian My commission expires: Association of Pueblo, Colorado, a Colorado Non — profit � Ln,ts _11J p , Ll Npw4A6 Corporation P*&%L..b,(o0Wr4so V DPW101 02/03/04 �••M.• S T,9� �P; •,Li V BL % �.•' '•••....••:.PP My Commission Expires 07 -10 -2006 Notary Public Reception 1555460 03/11/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become apart of the ��gp.yt pQ & , 2©o , Subdivision Improvements Agreement for Park West Business Campus, Fil ing No. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all 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 Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be considered by the Director until the Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements. 6. 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 _ _ S R. H p o v, 4 7 '*160 4, QWANZO, LLC, a Colorado Limited Liablility Company and Youn Men's Chriatian Association of Pueblo; Colorado, a Color Non Sub vider Prof i rporation V L D DPW 103 August 1, 2002 Terfy Lg6 Chief Executive Officer 12 Reception 1555461 03/11/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the r ,1D Subdivision Improvements Agreement for the Park West Business Campus, Piling No. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. The Young Men's Christian Association of Pueblo, Colorado signs the Subdivision Improvements Agreement, Addendum to Subdivision Improvements Agreement (Phased Construction) and this Addendum to Subdivision Improvements Agreement and the Plat of Park West Business Campus, Filing No. 2 for the following exclusive and limited purposes stated below in items 1 and 2: To dedicate Spaulding Avenue as it runs through the YMCA property and to transfer title to Qwanzo, LLC, a Colorado Limited Liability Company of so much of the YMCA property lying west of the westerly boundary of Spaulding Avenue as extended south through the property owned by the YMCA. 2. Should a stormwater detention facility be built in the existing path of the flow of the effluent from the Pueblo West Waste Water Treatment Plant, the YMCA agrees that it shall be jointly and severely liable for the long -term maintenance of this facility. Should the stormwater detention facility not be built in the existing path of the flow of effluent from the Pueblo West Waste Water Treatment Plant, then the YMCA shall not be responsible for long -term maintenance. The YMCA's liability for improvements relative to Park West Business Campus, Filing No. 2 is limited as set forth in items 1 and 2. 3. QWANZO, LLC will post a letter of credit for signalization improvements for the Spaulding Avenue/Parker Boulevard intersection for the benefit of the City of Pueblo in the face amount of One Hundred Seventy Five Thousand and 00 /100 Dollars ($175,000.00). The letter of credit will be issued for a minimum of a one (1) year period from the date of issuance. The letter of credit will be renewed annually so that it remains active and enforceable for a period of twelve (12) full years from the date of the original issue. QWANZO, LLC can replace the letter of credit with funds placed in an escrow account with a third -party escrow agent acceptable to the City of Pueblo. At such time during the twelve (12) year term of this agreement that the City of Pueblo, through its Director of Transportation, determines that signalization of the Spaulding Avenue/Parker Boulevard intersection is required, and pertinent designs and plans are processed in furtherance of such determination, the City of Pueblo may call upon the letter of credit (or the escrowed funds if substituted as set forth above) for payment of engineering, construction and equipment costs in 15 connection with the improvements. The funds are to be used for such exclusive purpose in connection with the signalization of the Spaulding Avenue/Parker Boulevard intersection. In the event the City of Pueblo does not call upon the letter of credit (or the escrowed funds if substituted as set forth above) by the twelfth anniversary date of the completion of the first annual letter of credit, all obligations of QWANZO, LLC with respect to the intersection and the maintenance of the letter of credit shall terminate. All funds, if any, in an escrow account would in such case be turned over to QWANZO, LLC or its assignee. 4. 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. Executed at Pueblo, Colorado as of the date and year state above. 481 \IV /IQ91:A QWANZO, LLC a Colorado Limited Liability Company Thomas C. Cone, Manager STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) f1Ci1:7 p] WV I17:3 :il Young Men's Christian Association of Pueblo, Colorado a Colorado Non -Profit Corporation Te L ' t&4, Chief Executive Officer (Seal) The foregoing instrument was acknowledged before me this day of :'s g o. y u..t 2m o 4 by Thomas C. Cone, Manager of QWANZO, LLC, a Colorado Limited Liability Company and Terry Lockwood, Chief Executive Officer, Young Men's Christian Association of Pueblo, Colorado, a Non -Profit Corporation. My commission expires: — 1 t 6 1.o406 � M. ST r2_1 jtt wk)4a_t �okg J \ : ,o pTAR �, 9 8100) Notar Public N 9 • •. A �1Bl'� G • • Q 16 OF COLO My Commission Expires 07.10.2006