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Home My WebLink About07638ORDINANCE NO. 7638 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 AND THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR REGENCY CREST SUBDIVISION FILING NO. 7 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Second Amendment amending the Annexation Agreement approved by Ordinance No. 7241 and the Subdivision Improvements Agreement for Regency Crest Subdivision Filing No. 7, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute the Second Amendment in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. Upon execution and acknowledgement of the Second Amendment by all parties thereto, the City Clerk shall record the executed and acknowledged Second Amendment in the records of the Pueblo County Clerk and Recorder. SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED July 23. 2007 APPROVED: a ESID NT%J City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson PASSED AND APPROVED: August 27, 2007 Ord. 11038 nD & I 210D [ I j &�'-ffi Background Paper for Proposed ORDINANCE AGENDA ITEM # 1 DATE: JULY 23, 2007 DEPARTMENT: COMMUNITY DEVELOPMENTMERRY M. PACHECO PLANNING DEPARTMENTMERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 AND THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR REGENCY CREST SUBDIVISION FILING NO. _7 > , AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council approve the Second Amendment to the Annexation Agreement Case No. A-03-04 as approved by Ordinance No. 7241? RECOMMENDATION Approval of Ordinance. BACKGROUND This Second Amendment to the Annexation Agreement for the Regency Crest Development provides specific dates for the completion of Orr Park and Red Creek Springs Road improvements. Orr Park will be completed by November 30, 2007. Red Creek Springs Road will be completed by November 30, 2008. FINANCIAL IMPACT None. Reception 1740839 09/07/2007 SECOND AMENDMENT This Second Amendment entered into as of July 23, 2007, by and between the City of Pueblo, a Municipal Corporation (the "City") and The Proctor Family Partnership No. 2, LLLP, and Domega Homes of Colorado, Inc., a Colorado corporation (collectively the "Petitioners "), WITNESSETH WHEREAS, the term "Property' as used herein means and includes the real property described in Exhibit A to the Annexation Agreement, Case No. A -03 -04, dated December 13, 2004 and recorded January 19, 2005 at Reception No. 1603123, records of Pueblo County, as amended by an Amendment to Annexation Agreement dated May 9, 2005 and recorded October 14, 2005 at Reception No. 1643623 (herein collectively the "Annexation Agreement "); WHEREAS, Petitioners represent and warrant that they are the owners of the Property in fee simple (other than for platted lots sold to third party purchasers) and are the successors in interest of The Proctor Family Partnership, LLLP, Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) as owners of the Property; WHEREAS, Petitioners and City entered into a Subdivision Improvements Agreement dated March 25, 2005 relating to Regency Crest Subdivision Filing No. 7 for a portion of the Property, which was recorded June 3, 2005 at Reception No. 1622914, records of Pueblo County (the "Subdivision Improvements Agreement "), and WHEREAS, the Annexation Agreement and the Subdivision Improvements Agreement are collectively referred to herein as the "Agreements ", and WHEREAS, Petitioners have requested certain amendments be made to the Agreements in order to assist Petitioner in proceeding with its development of the Property, and City is willing to amend the Agreement for such purpose upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Petitioners agree as follows: 1. Notwithstanding any provision of the Agreements to the contrary, Petitioners shall not be in default of their obligation to: (a) construct Orr Park, if the construction of Orr Park is completed as required by the Agreements and accepted by the City on or before November 30, 2007; or (b) construct Red Creek Springs Road between the western boundary of Regency Crest Filing No. 2 Subdivision and the western right of way of Suncrest Lane, if the construction of such segment of Red Creek Springs Road is completed as required by the Agreements and accepted by the City on or before November 30, 2008. 1740939 AMEND 09/07/2007 04:07:00 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Cc ■III In PJr49«+IF1MAIMM N 11111 2. If either (a) Orr Park is not completed and accepted by the City by November 30, 2007, or (b) if the segment of Red Creek Springs Road described in 1(b) above is not completed and accepted by the City by November 30, 2008, Petitioners shall be in default under the Agreements and City may thereafter exercise all or any of its rights or remedies under the Agreements, including, without limitation, withholding all subdivision, special area plan and other development approvals for any portion of the Property as well as building and occupancy permits for any building or structure within the Property until such default has been corrected to the satisfaction of the City. 3. So long as Petitioners are not (a) in default under the Agreements as specified in paragraph 2 above, or (b) in default under any other provision or requirement of the Agreements, Petitioners may (i) continue to prosecute subdivision applications for those portions of the Property not yet subdivided and platted, and (ii) continue to apply for building permits for lots in approved subdivisions within the Property. 4. The Agreements as amended by this Second Amendment shall continue in full force and effect, inuring to the benefit of and be binding upon Petitioners and the City, and their respective successors and assigns. Executed at Pueblo, Colorado as of the day and year first above written. PUEBLO, A Municipal Corporation [SEAL] Jud P. We er, President of City Council ATTEST: - Gi -Dutcher, City Clerk APPROVED AS TO FORM: 2Q4Z � _ Thomas JaIr City Attorney PETITIONERS: The Proctor Family Partnership No. 2, LLLP, a Colorado limi�tt i partnership By. a / / C.T. Proctor, General Partner Domega Homes of Colorado, Inc., a Colorado Corporation By: I ! /� C.T. Proctor, President 1740939 AMEND 09/07/2007 04:07:00 PM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert 0 't! 4 lll I / Pueblo County c A STATE OF COLORADO ) • III An Fd1'1�71T1r+r1�11�,�IA ��pY mi lli ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2-77 day of S 2007, by Judy P. Weaver as President of the City Council and Gina Dut er as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. s tid16 " s U My commission expires: 11 la og gT .E 4L ] SUSAN M. BEERY. sn t' i n, Notary Public r o <.: , State of Colorado Notary Public r` STATV F COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of Ng( l j S+ , 2007, by C.T. Proctor as general partner of The Proctor Family Partnership No. 2, LLLP, a Colorado limited liability limited partnership. thess my hand and official seal. y" expires: 0 09 ? c o SUSAN M. BEERY n ] Notary Public `, �, State of Colorado '.0 otary Public 4p "} STAN OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2__T' day of WU_`J , 2007, by C.T. Proctor as president of Domega Homes of Colorado, Inc., a Col ado corporation. Witness my hand and official seal. dis 8 r 64 ,commission expires: I t 12 U $ o: cFSlEtL] I SUSAN M. BEERY o ; r :0 n' f Notary Public Notary Public o `(.' State of Colorado