HomeMy WebLinkAbout07303Reception 1661963
02/15/2005
ORDINANCE NO. 7303
AN ORDINANCE APPROVING THE PLAT OF
REGENCY CREST SUBDIVISION, FILING NO 5
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Crest Subdivision, Filing No. 5 being a subdivision of land
legally described as:
Lots Ten (10) and Twelve (12), Block Seven (7), Regency Crest Subdivision, County of
Pueblo, State of Colorado,
AND
Lots Eleven (11) and Thirteen (13) through Fifteen (15), Block Seven (7), and Lots Five
(5) through Seven (7), Block Eleven (11), Regency Crest Subdivision, County of Pueblo,
State of Colorado,
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 Pueblo Municipal Code 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, (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
�a4 o V jUSLo'ta< INTRODUCED: April 25. 2005
q
BY: Michael Occhiato
OUNCILPERS N
APPROVED: /
\ _J ^ P ESID CITY CIL
Alt
=A TY CLERK
PASSED AND APPROVED: May 9. 2005
DATE: APRIL 25, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST
SUBDIVISION, FILING NO 5
ISSUE
Shall City Council approve a request to subdivide this property into 14 lots on
approximately 2 acres for the construction of single family detached homes?
RECOMMENDATION
The Planning Commission, at their April 14, 2004 Regular Meeting, voted
6 -0 to recommend approval of the final plat.
BACKGROUND
Regency Crest Subdivision, Filing No. 5 is generally located on the southside of
Pueblo, north of Red Creek Springs Road and west of Chestnut Drive. The
applicant is proposing to construct single family detached homes in an R -4 zone
district. Combined with a Special Area Plan (SAP- 04 -02), the applicant will build
duplexes in which units can be individually sold since the units will be separated
by a legal lot line.
The application is submitted concurrently with Special Area Plan SAP- 04 -02,
which was also approved by the Planning and Zoning Commission. Public Works
staff confirmed that the applicant has complied with all items listed in the
Subdivision Review Committee memo dated April 7, 2005.
FINANCIAL IMPACT
None.
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SUBDIVISION IMPROVEME�N S AGREEMENT
THIS AGREEMENT is made on GPP A
YA / � [ , between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Domega Investments, LLC
( "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 Regency Crest
Subdivision, Filing No. 5. A Special Area Plan
( "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:
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
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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.
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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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 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 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
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
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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.
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
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Subdivider l
(SEAL) By,
C. T. Proctor, Managing Member
Domega Investments, LLC ,-
The foe ing in en jas ackngled ed before me on � y /� /L S
b y T �� 1(J Subdivider.
My commission expires: 6-1
l 3 0
CRYSTAL. L. TROUT
NOTARY PUBLIC
STATE OF COLORADO
My Cen. i .:35/13.
ATT T:
City C Wk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
4 ota Public
CITY OF-PUEBLO. a Municinal 1 mmnratinn
01
President of City Council
The foregoing instrument was acknowledged before me this 4 41 day of
February 1 2006 by Michael Occhia o ,as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
expires: 8 -21 -2007
?
SEA
&J-t h - &W
Notary Public
TO FORM:
City
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III II I I II I I II II I I II I II III III 0 66 096557P
Chris C. Munoz PUebloCtyClk &Rec SUED PGR 41.00 D 0.00
Exhibit "A"
Regency Crest Subdivision, Filing No. 5
Lots Ten (10) and Twelve (12), Block Seven (7), Regency Crest Subdivision, County of
Pueblo, State of Colorado,
AND
Lots Eleven (11) and Thirteen (13) through Fifteen (15), Block Seven (7), and Lots Five
(5) through Seven (7), Block Eleven (11), Regency Crest Subdivision, County of Pueblo,
State of Colorado.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
Subdivision Name: Regency Crest Subdivision, Filing No. 5, A Special Area Plan
Developer: The Proctor Family Partnership, LLLP & Domega Homes, LLC
Engineer: Terra Nova Engineering
Unit Description
Street Improvements Quantity Units Unit Cost
4" PRIVATE CONCRETE DRIVES 9,017.00 SF $2.00
SIDEWALK CHASE 6.00 EA $250.00
Subtotal Street Improvements:
Drainage
GRADING WATER QUALITY BASIN 0.21 AC
PLANTING AND ESTABLISHING VEGETATON 0.21 AC
Subtotal Drainage:
Sanitary Sewer Quantity Units
6" PRIVATE MAINS 275.00 LF
4" SERVICE LINE
14.00 EA
Subtotal Sanitary Sewer:
Water Distribution
2" PRIVATE MAINS
1" SERVICE LINE
Quantity Units
275.00 LF
14.00 EA
Subtotal Water Distribution:
Total Subdivision Improvements:
$16,528.00
$12,396.00
Unit Cost
$31.00
$393.50
Unit Cost
$16.66
$250.00
cost
$18,034.00
$1,500.00
$18,534.00
$3,470.88
$2,603.16
$6,074.04
Cost
$8,525.00
$5,509.00
$14,034.00
cost
$4,581.50
$3,500.00
$8,081.50
$47.723.54
This is an estimate only, utilizing prices from the UNIT PRICE LIST FOR EXHIBIT "B ** as provided by
the City of Pueblo and may not include all construction costs. Actual construction costs may vary.
The undersigned hereby certifies that (i) the required Public Improvements shown hereon and on the Plans
and Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title XII
of the Pueblo Municipal Code as amended and the current standards and specifications as approved by City
Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary
to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current
unit prices provided by the City of Pueblo.
PREPARED BY: ( l/r/'�"y� DATE:
en n- N,Armijo, P.E. J717
REVIEWEDVY: /i,,. ✓ tf (( ' ,..AN DATE: /Z-ZZ -o
C h ris M unoz IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII . 00
Page: 65 ec 09 57P
Reception 1661966
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DECLARATION OF COVENANTS CONCERNING
PRIVATE UTILITY EASEMENTS FOR
Regency Crest Subdivision, Filing No. 5 A Special Area Plan
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of ! S t
2005,by Domepa Investments. LLC 1, herein the "Declarant ".
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 Private driveways, sanitary sewer lines
water lines, and drainage facilities. 2, 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 Regency Crest Subdivision, Filing No 5 A Special Area
Plan 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.
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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Chris 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.
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3. Binding Effect. Chris VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII .00
Page: 096657P
Each of the covenants and provisions of this Declaration of Covenants shall nln
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. I I��III IIIII 111111 111111 III 111111 111111 III IIIII IIII . 00 Pa ge: 66 096657P
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.
L7 - /i2Z6
C. T. Proctor
Managing Member
Domega Investments, LLC
COUNTY OF PUEBLO)
)ss.
STATE OF COLORADO)
, ,WW going instrument was acknowledged before me thi of
2005 by C. T. Proctor as Managing Member of Domega
Investments. LLC
Witness my hand and official seal.
My commission
(SEAL
CRYSTAL L. TROUT
NOTARY PUBLIC
STATE OF COLOFADO
My Commission Expires 05%13/2008
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