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HomeMy WebLinkAbout07133Reception 1591277 10/25/2004 ORDINANCE NO. 7133 AN ORDINANCE APPROVING THE PLAT OF EAGLE HEIGHTS SUBDIVISION, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Eagle Heights Subdivision, Filing No. 2, being a subdivision of land legally described as: A portion of land located within the Northwest 1 / of the Northwest '/4 of Section 13, Township 20 South, Range 65 West, of the 6 Principal Meridian, Pueblo County, State of Colorado, being more particularly described as: All of Eagle Heights, A Special Area Plan, according to the record plat thereof filed for record at Reception No. 1328022 of the Pueblo County records, Pueblo, Colorado. Said Parcel contains 4.85 Acres, more or 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 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 with such modifications, if any, approved by City Council, 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. ti ou Qero.._, t° for INTRODUCED: April 12, 2004 g BY: Michael Occh i ato COAJNCILPERSON APPROVED: PRESIQ)2 OF CITY COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: April 26, 2004 i Background Paper for Proposed ORDINANCE AGENDA ITEM # Q I DATE: APRIL 12, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH LAND USE ADMINISTRATORMAMES MUNCH, ACTING DIR. TITLE AN ORDINANCE APPROVING THE PLAT OF EAGLE HEIGHTS SUBDIVISION, FILING NO. 2 ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? The Planning Commission voted unanimously (6 -0) to recommend approval. BACKGROUND Eagle Heights Subdivision, Filing No. 2 is generally located on the northside of Pueblo, northeast of the intersection of Paseo Del Norte and Fortino Blvd. The applicant wishes to subdivide the 4 acre parcel into 15 lots for the purpose of constructing single - family homes with private sewer, utilities, and street system. This is a resubdivision of Eagle Heights Subdivision Special Area Plan. This application is being submitted concurrently with Special Area Plan SAP- 04 -01, and vacation of easements (V- 04 -02) lying within Eagle Heights Subdivision Special Area Plan, which were both approved by the Planning Commission. The applicant has complied with all of the items listed in the SCR memo dated January 28, 2004 as confirmed in the memo from Joe Martellaro dated March 25, 2004 and is in compliance with the conditions of approval made by the Planning and Zoning Commission on February 11, 2004. FINANCIAL IMPACT None Reception 1591279 10/25/2004 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on /TuxrkiS7 i C, , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Vela Construction, L.L.C., 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 ram r LFSnr -•� 7 .. � i ( "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 XII 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 shown 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. 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 DPW 101 4/9/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 59 0 279 13 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 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 cost 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. DPW 101 2 04/09/04 IIIIIII 111111111111111111111111111111111111111111111111 1591279 of 9 ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD 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 sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 3 04/09/04 IIIIIII IIIII IIIIII IIIII III 11111111111111111111111111111 059 004 13 ChrisC.Munoz PUeb1oCtyC1kBRec SUBD AG R 46.00 D 0.00 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 strdcture 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. 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 DPW 101 4 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0/25/2004 004:13 GhrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 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. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within five (5) years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control. (b) If the Required Public Improvements are constructed and installed after five (5) yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Public Improvements, they shall control as so modified and amended. 15. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit " 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. 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. DPW 101 5 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 159 279 ChrisC.Munoz Pue6loCtyClk &Rec SUED AG R 46.00 D 0.00 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Construction, L.L.C. Subdivider (SEAL) The My commission M city `n, F ` By: Joseph D. V , Managing Partner By: acknowledged /ore o n 8 — l l —o ' � :NN F,qd, NO TARY G!° P VBL/c o �F COLZ MY M$rh 22°� 80 80 STATE OF COLORADO COUNTY OF PUEBLO Notary Public CITY OF PUEBLO, a Municipal Corporation N01 President of City Council _ X 11 i `.�. The foregoing instrument was acknowledged Oc r , 2004 by President of City Council, and G 'l Yl n D u 1 Pueblo, Colorado. d and official seal. expires: _ 2-91 -2GQ2 �� City Attome me tth " *1 day of 44 I urn n , as Y as City Clerk of the City of DPW 101 6 04/09/04 EXHIBIT "A" A portion of land located within the Northwest % of the Northwest % of Section 13, Township 20 South, Range 65 West, of the 6 th Principal Meridian, Pueblo County, State of Colorado, being more particularly described as: All of Eagle Heights, A Special Area Plan, according to the recorded plat thereof filed for record at Reception No. 1328022 of the Pueblo County records, Pueblo, Colorado. Said Parcel contains 4.85 Acres, more or less. 1111111111111111111111111111111111111111111111111111111 059 004 0913 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 VA 1111111111111111111111111111111111111111111111111111111 0 /29 004 13 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD PG R 46.00 D 0.00 EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: Private Street Improvements Eagle Heights, A Special Area Plan, 2nd Filing Vega Construction, LLC C & M CONSULTING, LLC Asphalt Paving (5" full depth) 2,640 SY (a- $13.00 /SY = $ 34,320.00 Curb & Gutter 2,480 LF (a)_ $10.00 /LF = $ 24,800.00 Water Lines & Amenities 6" PVC (Water Main w / valves) 995 L F (a-) $40.00 /LF = $ 39,800.00 Service Lines (use Pricing for 60' R.O.W.) 15 EA (ED $500.00 EA = $ 7,500.00 Sanitary Sewer Lines & Amenities 8" PVC (Sewer Main) 870 LF (D- $30.00 / LF = $ 26,100.00 6" PVC Cleanouts 20 EA (aD- $75.00 EA = $ 1,500.00 Service Lines (Use pricing for 60' R.O.W.) 15 EA Ca. $1.000.00 EA = $15,000.00 SUBTOTAL = $149,020.00 Drainage Improvements Storm Sewer Manhole (Type'1 -B') 1 EA Q- $ 2.250.00 EA = $ 2,250.00 24" RCP 570 LF (a7 $40.00/ LF = $22,800.00 U 1111111111111111111111111111111111111111111111111111111 059 02793 ChrisC. Munoz Pue6loC tyClk &Reo SUED AG R 46.00 D 0.00 18" RCP 107 LF Cad $38.00 /LF = $ 4,066.00 Type 'S' Inlet (L =4') 1 EA Q $2,500.00 EA = $ 2,500.00 Type 'S' Inlet (1 =5) 1 EA a- $2,700.00 EA = $ 2,700.00 Drop Inlet (L =4') 2 EA a- $3,000.00 EA = $ 6,000.00 Trickle Pan 40 LF (aD $20.00 /LF = $ 800.00 Headwall and Pipe Outfit 1 EA (aD $1,500.00 EA = $ 1,500.00 SUB -TOTAL = $42,616.00 GRAND TOTAL = $191,636.00 This is an estimate only. Actual construction costs may vary. PREPARED BY: John D. Chrisman P.E. FIRM: C & M Consulting, LLC The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the subdivision by Chapter 4, Title XII of the Municipal Code and standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City oLEue blo. co�:� O•� ;Fo [P.E. SEAL] • � 33838 z A •• ••...•••' • G�� 0 �i5'S' /nnIA1 REVIEWED BY: Reception 1591280 10/25/2004 DECLARATION OF COVENANTS CONCERNING Utj- ty, Drainage, I> / Egress EASEMENTS FOR (type of easement) Eagle Heights, 2nd Filing (name of subdivision) THIS DECLARATION OF COVENANTS is made as of September 8th 2004 by Vega Construction L L C , 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 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 Sewer and Water Lines, Storm Sewer Sys tem, Asphalt Roadways, Curb and Gutter , 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. 3 Subdivision means the Eagle Heights 2nd Filing 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. DPW 105 02/05/02 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 59 0 280 13 ChrisC.Munoz Pueb10CtyC1k&Rec DEC C R 21.00 D 0.00 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. DPW 105 2 02/05/02 111111 loll 11111111 lot III111111111 IIII 0591280 13P Chri sC Mun oz Puebl Y I I P oCt M &Rec DEC C R 21 .00 D 0.00 hri.un 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. DPW 105 3 02/05/02 I IIIIII VIII IIIIII VIII III IIIIIII IIIIII III illii IIII IIII Page: 004 04:13 3 7. Applicable Law ChrisC.Munoz Pueb1oCtyC1k &Reo DEC C R 21.00 D 0.00 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. Declarant COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this 18thday of Joseph D. Vega, Managinar n� — of October 1 9(1114 by Vega rnnctrrnrtinU L L.E P � Co Limited Liability Company Witness my hand and official seal. My commission expires: 1 (SEAL) � (�q� Notary Pu is � •NOTA V �•pUBLIC: DPW 105 4 02/05/02