HomeMy WebLinkAbout07964Reception 1794891
02/03/2009
ORDINANCE NO. 7964
AN ORDINANCE APPROVING A SPECIAL AREA PLAN
FOR PIEDMONT PARK ll.
WHEREAS, a request for a Special Area Plan for Piedmont Park II, has been
submitted to the Planning and Zoning Commission for approval pursuant to Section 17-
4-29 of the Pueblo Municipal Code, and
WHEREAS, the Planning and Zoning Commission after a public hearing found
and determined the objectives and requirements of said Section 17 -4 -29 can and will be
met, and
WHEREAS, the Planning and Zoning Commission has recommended the
approval of the Special Area Plan for Piedmont Park, II,
that:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
SECTION 1.
The Special Area Plan for:
A resubdivision of Lot 3, Piedmont Park located in the southeast quarter of
Section 13, Township 20 South, Range 65 West of the 6 Principal
Meridian, County of Pueblo, State of Colorado.
Containing 1.998 acres, more or less.
attached hereto, is hereby approved.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval
INTRODUCED: January 12, 2009
c-
S'+ BY: Randy Thurston
��` >� COUNCIL PERSON
,APPROVED:
PRESIDENT OF CIT COUNCIL
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ATTESTED BY:` x .
C Y CLERK
PASSED AND APPROVED: January 26, 2009
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SPECIAL AREA PLAN
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A RESUBDIVISION OF LOT 3, PIEDMONT PARK
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LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF
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THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO
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Background Paper for Proposed
ORDINANCE
DATE: JANUARY 12, 2009
AGENDA ITEM # 1 9 C'b ), P1 ej vr\ONA 1 1
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DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING A SPECIAL AREA PLAN FOR PIEDMONT PARK II.
ISSUE
Shall City Council approve the Special Area Plan to decrease the minimum lot width for
Lot 3B?
RECOMMENDATION
The Planning and Zoning Commission, at their December 10, 2008 regular meeting,
voted 6 -0 to recommend approval.
BACKGROUND
The applicant proposes to resubdivide the Piedmont Park Subdivision in order to create
two lots to facilitate commercial redevelopment. Jackalope Holdings III, LLC has
constructed a restaurant on Lot 3A and plans to construct an additional commercial
building on Lot 3B. Both lots are flag -lots, which provide right -of -way frontage for Lot
313 and 1 -25 adjacency for Lot 3A, so that a high -rise sign can be erected to advertise
the restaurant. Due to the flag -lot configuration a Special Area Plan is necessary to
reduce the required lot frontage for Lot 3B. Setbacks along the periphery of the
development meet those required by the B -4 Zone District. The plan provides adequate
access to transportation, interior circulation, parking, water supply; waste disposal, fire
and police protection and other needed public facilities and services.
FINANCIAL IMPACT
None.
Reception 1794892
02/03/2009
Recording requested by
and when recorded mail to:
Evan R. Lichtenfels
5150 E. Yale Circle
Suite 400
Denver, CO 80222
SUPPLEMENTAL DECLARATION OF COVENANTS
.THIS SUPPLEMENTAL DECLARATION is made as of the day of
-N , 2008, by JACKALOPE HOLDINGS III, LLC, a Colorado limited liability
company ( "Jac pe ").
1. Purpose of Declaration. Jackalope is the owner of certain real property
located in the City of Pueblo, Colorado (the "City"), more particularly described as Lot 3,
PIEDMONT PARK, County of Pueblo, State of Colorado (the "Property "). A final
development plan for the Property (as approved by and on file with the City and as it may be
amended in the future with the approval of the City, the "Development Plan ") requires that
the Property be developed as an integrated project with interior driveways, parking areas,
landscaped areas and water detention areas. Jackalope has executed this Declaration to
establish appropriate reciprocal easements and covenants for use and maintenance of such
driveways, parking areas, landscaped areas and detention areas, as well as certain other
rights and obligations relating to the Property.
2. Definitions. Unless otherwise indicated, capitalized terms used in this
Declaration shall have the meanings set forth below.
(a) "Authorized Person" shall mean each Owner, the tenants, subtenants
and concessionaires of any portion of the Property, and their respective customers,
licensees, invitees, employees and agents.
(b) "Common Areas" shall mean all portions of the Property as shown on
Exhibit B which are now or hereafter made available from time to time by any Owner
for the general use and convenience of Authorized Persons, such as parking areas,
service areas, exits, entrances, sidewalks, exterior landscaping, exterior lighting,
incidental and interior driveways, and similar areas, but shall not include buildings and
loading areas. Common Areas shall also include any portions of the Property used
or reserved for a special purpose in accordance with approval of development of the
Property by the City, such as landscape buffers and Detention Areas.
(c) "Detention Areas" shall mean the portions of the Property or off -site
areas designated on the Development Plan for control or detention of water, if any.
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Gilbert Ortiz Clerk /Retarder, Pueblo County, Co
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(d) "Environmental Laws" shall mean all present and future federal, state and
local laws, ordinances, rules, regulations, decisions and other requirements of
governmental authorities relating specifically to any Hazardous Material or generally
to the environment.
(e) "Hazardous Material" shall mean any material or substance which is
defined as hazardous or toxic under any Environmental Law or which, because of
toxicity, corrosivity, reactivity, ignitability, carcinogenicity, magnification or
concentration within biologic chains, presents a demonstrated threat to biologic
processes when discharged into the environment.
(f) "Master Covenants" shall mean the Declaration of Easements and
Restrictive Covenants which was recorded April 27, 2008, under Reception No.
1765719 in the real property records of Pueblo County, Colorado.
(g) "Occupant" shall mean the Owner of a Parcel and any other person who
owns or is in exclusive legal possession of all or any portion of a Parcel or any
separately demised portion of the improvements on any Parcel.
(h) "Owner" shall mean each person or entity which owns fee simple title to a
Parcel, including Jackalope.
(i) "Parcel" shall mean each separately owned portion of the Property,
including without limitation Lot 3A and Lot 3B as shown on the proposed replat of the
Property as Piedmont Park II (the "Replat," a copy of which is attached hereto as
Exhibit A) or the corresponding lots of the final replat approved by the City.
3. Traffic and Use Easements. Jackalope hereby establishes and declares the
following traffic easements over and across the Property (the "Traffic and Use Easements")
for the benefit of each Parcel:
(a) nonexclusive easements for the purpose of pedestrian traffic of
Authorized Persons over such portions of the Property as may now or hereafter be
improved and utilized as pedestrian walkways;
(b) nonexclusive easements for the purpose of the driving and parking of
motor vehicles by any Authorized Person on those portions of the Property which are
improved now or in the future for such purposes (provided, however, that if any
parking areas are marked as exclusive, takeout service, short term or other similar
temporary use for a specific Tenant, those parking areas shall be for the exclusive
benefit of the Authorized Person(s) visiting that Tenant's business; however, no more
than two (2) parking spaces on any Parcel may be so marked) and
(c) nonexclusive easements over such portions of the Property as may now
or hereafter be improved and utilized as driveways and parking areas for the purpose
of furnishing access between the driveways and parking areas of any portion of the
Property and the private driveways or public streets abutting the Property from time to
time; and
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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(d) nonexclusive easements for the purpose of constructing, renovating,
repairing or remodeling the improvements on any Parcel, including grading, balancing
and compaction of soils and other sitework materials, reconstruction, storage of
supplies and materials, installation, replacement, modification, care and maintenance,
provided that use of any other Parcel for such purposes is reasonably necessary, is
diligently prosecuted in accordance with sound construction practices and does not
unreasonably interfere with the use of such other Parcel or any improvements
thereon.
The Traffic and Use Easements shall include easements for the construction and use of
structures and other improvements in accordance with the Development Plan to facilitate
use of the Common Areas for the purposes set forth above. The Traffic and Use
Easements are limited to purposes connected with or incidental to usual and customary use
being made of any portion of the Property by an Authorized Person. No Owner or other
Occupant shall cause or permit the construction of any barricade or other divider for the
purpose of prohibiting or discouraging the free and uninterrupted flow of vehicular or
pedestrian traffic over the Common Areas, except any temporary barriers as may be
necessary or advisable from time to time to avoid the possibility of dedicating any such
areas for public use or creating prescriptive rights therein. In no event shall any charges
whatsoever be levied by any Owner or Occupant for use of any Common Areas.
4. Detention Areas; Utility and Service Easements.
(a) Jackalope hereby establishes and declares the following easements for
the benefit of each Parcel: (i) a nonexclusive easement over and across the
Common Areas for the flow of a reasonable volume of surface water consistent with
the master drainage plan for the Property, and (ii) a perpetual, non - exclusive
easement on, over and across the Detention Areas for the purpose of collection and
detention of surface water drainage from the Property.
(b) Each Owner, and each mortgagee of any Parcel, shall cooperate in the
granting of appropriate easements for the installation, repair and replacement of
storm drains, sewers, utilities and other services necessary for the orderly
development and operation of the Property ( "Utility Facilities "). Utility Facilities shall
not be installed outside of dedicated easement areas and rights -of -way shown on any
recorded plat unless the Owners and mortgagees of affected Parcels consent in
writing to such installation. All installation of Utility Facilities shall be conducted at
such times of the day, week and year as to minimize interference with normal
operation of the Parcels. The Owner performing any such installation shall indemnify
and defend the Owners and Occupants of affected Parcels against all claims and
expense relating to such work. The Owner of a Parcel shall have the right, at any
time and from time to time, to relocate any Utility Facilities located on such Owner's
Parcel on the following conditions: (i) such right of relocation may be exercised only
after 30 days' prior written notice of intention to relocate has been given to all Owners
using the Utilities Facilities to be relocated; (ii) such relocation shall not unreasonably
interrupt utility service to any building; (iii) such relocation shall not reduce or
unreasonably impair the usefulness or function of the relocated Utility Facilities; (iv) all
costs of such relocation shall be borne by the Owner relocating the Utility Facilities;
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and (v) any such relocation shall be approved by the City or any other governmental
authority having jurisdiction. The Owner shall perform all such installation,
maintenance and relocation of any Utility Facilities to the applicable standards of the
City and shall, upon completion of such work, substantially restore the surface of the
affected area to its condition prior to such work consistent with such standards.
(c) The Owner of Lot 3A shall be required to maintain the Pole Sign that is
located in the Detention Area ( "Pole Sign ") in accordance with all applicable laws and
otherwise in good condition and repair at all times, and shall remain liable for all
damages and injuries incurred as a result of the installation, maintenance and use of
the Pole Sign. The Owner of Lot 3B shall be required to maintain the Monument Sign
(as defined below) in accordance with all applicable laws and otherwise in good
condition and repair at all times, and shall remain liable for all damages and injuries
incurred as a result of the installation, maintenance and use of the Monument Sign.
5. Construction of Improvements.
(a) Development of the Property requires that the Common Areas be
improved for their intended purposes. The easements rights granted hereby shall
commence upon construction of Common Areas on any Parcel by Jackalope, the
Owner or an Occupant of such Parcel. All Common Areas shall be constructed to the
applicable standards of the City. After initial construction, the Common Areas on any
Parcel may not thereafter be materially altered without the prior approval of all of the
Owners.
(b) Each building constructed on the Property shall be of good quality, in full
compliance with all applicable building code requirements and designed so that its
exterior elevations, signs, color and other
and harmonious with the other buildings
requirements of the Development Plan.
architectural elements will be compatible
on the Property and consistent with all
(c) The Owner of Lot 3B shall have the right to construct a free standing
multi- tenant Monument Sign ( "Monument Sign ") in the location shown on the attached
Exhibit B, subject to the prior approval of the Owner of Lot 3A as to the size and
design of such Monument Sign, which approval shall not be unreasonably withheld,
delayed or conditioned. The Owner of Lot 3B shall have the right to use the top panel
location on all sides of the Monument Sign. In the event that the Owner of Lot 3B
determines that it desires to construct the Monument Sign, it shall provide the Owner
of Lot 3A with written notice thereof (together with the plans and specifications for the
Monument Sign and such other documentation as the Owner of Lot 3A may
reasonably request), and the Owner of Lot 3A shall thereafter have thirty (30) days
within which to elect, in writing, to install a single sign panel on each side of the
Monument Sign. In the event that the Owner of Lot 3A does not provide its written
election to install such panels within such thirty (30) day period, then the Owner of Lot
3A shall be deemed to have elected to NOT be included on the Monument Sign. In
the event that the Owner of Lot 3A elects to install a single sign panel on each side of
the Monument Sign, then the Owner of Lot 3A and the Owner of Lot 3B shall each be
responsible for their proportionate share of the cost of construction of the Monument
Sign. Otherwise, the Owner of Lot 3B shall bear all costs associated with the
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
installation, repair and maintenance of the Monument Sign. The design of the
Monument Sign, and, if applicable, the location and size of the Owner of Lot 3A's sign
panel on each side of the Monument Sign, shall be agreed to between the Owner of
Lot 3A and the owner of Lot 3B at least thirty (30) days prior to the commencement of
construction of the Monument Sign.
6. Maintenance of Common Areas By Maintenance Director.
(a) Jackalope shall serve as management agent for the Owners (the
"Maintenance Director") in regard to the Property unless and until Jackalope sells its
last Parcel. Thereafter, the Owner of Lot 3B shall perform the maintenance duties of
the Maintenance Director described below.
(b) The Maintenance Director shall maintain the Common Areas in
accordance with all applicable laws and otherwise in good condition and repair at all
times, including without limitation the following:
(1) keeping any unimproved Parcel reasonably weed -free and orderly
until the Parcel is improved;
(2) maintaining the surface of any paved driveway or parking areas in
a level, smooth and evenly- covered condition with the type of surfacing material
originally installed or such substitute as shall in all respects be at least equal in
quality, use and durability, and placing, keeping in repair and replacing all
appropriate directional signs, markers and lines;
(3) removing all papers, ice and snow, mud and sand, debris, filth and
refuse and sweeping surface areas to the extent reasonably necessary to keep
the Common Areas in a clean and orderly condition (which shall not include
disposal of trash or maintenance of any trash enclosure or dumpster serving
the buildings on particular Parcels, which shall be the sole responsibility of the
Owners of the respective Parcels);
(4) maintaining any Detention Areas and keeping in repair (and
replacing if necessary) all fencing and retaining walls along the perimeter of the
Property; and
(5) maintaining, mowing, weeding, trimming and watering all
landscaped areas (including the Detention Areas) and making such
replacement of plants and other landscaping as may be reasonably
appropriate and necessary.
(6) maintaining site lighting for the Common Areas.
Jackalope hereby establishes a non - exclusive easement for the benefit of the
Maintenance Director on and over affected portions of the Property for the purpose of
effecting such maintenance.
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Gi Poert Ortiz ClerkMecorder, Pueblo County, Co
(c) The Maintenance Director shall provide and maintain comprehensive
general liability coverage, in reasonably adequate amounts (but in no event less than
$2,000,000) from time to time, with broad form coverage /endorsement insuring
against claims for personal injury, bodily injury or death, and property damage or
destruction, occurring in, on or about the Common Areas or otherwise arising in the
course of its maintenance activities hereunder. Such insurance shall be written with
an insurer licensed to do business in Colorado, and shall name all the Owners as
additional insureds. The Maintenance Director shall furnish certificates evidencing
such insurance to all the Owners annually, and each policy of such insurance shall
provide that the insurance evidenced by such certificates shall not be canceled,
materially changed or not renewed without at least 30 days' prior written notice to the
insureds.
(d) The actual reasonable and necessary costs of such maintenance and
insurance (including a management fee not to exceed 10% of the maintenance
expenses for the year), together with any maintenance costs allocated to the Property
under the Master Covenants, shall be allocated among the Owners based upon the
relative areas of the buildings constructed on their respective Parcels (the "Owner's
Proportionate Share ").
(e) For so long as Lot 3A is the only improved portion of the Property, Lot
3A shall be responsible for 100% of the Common Area Charges (as defined below).
Upon improvement of Lot 3B (with paving, landscaping, improvements or otherwise),
Lot 3A and Lot 3B shall each be responsible for 50% of all Common Area Charges.
Notwithstanding the foregoing, should the City or County require, in connection with
the development of Lot 313, installation of parking lot, landscaping and similar
improvements, but no vertical construction, Lot 3A's proportionate share shall remain
as 100% of all Common Area Charges. The term "Common Area Charges" means
the actual, reasonable and necessary out of pocket costs that are directly attributable
to maintaining, insuring and repairing the Common Areas, and does not include any
costs attributable to the initial installation of any improvements comprising or located
in or upon the Common Areas.
(f) Each Owner's Proportionate Share of the projected expense of
maintaining the Common Areas, payment of Common Area utilities (such as site
lighting and irrigation), and Common Area insurance, shall be paid quarterly (or
irregularly or more frequently, at the election of the Maintenance Director), in
advance. The Maintenance Director shall, on or before April 15 of each year, provide
to the Owners a reconciliation of the actual expenses of maintenance and insurance
during the previous year, including such documents and other supporting information
as may be appropriate and making such adjustments of the Owners' contributions as
may be indicated by such reconciliation.
7. Taxes. Each Owner shall pay, or cause to be paid, all real and personal
property taxes and assessments levied against its Parcel, prior to delinquency, directly to
the appropriate taxing authority, and provide evidence of such payment to each other
Owner on an annual basis promptly after such taxes are fully paid. If any Owner fails to pay
such taxes and assessments in full prior to delinquency, and the taxing authority lists the tax
lien against such Owner's Parcel for sale, any other Owner may pay such delinquent taxes,
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Gilbert Ortiz ClerklRecortler, Pueblo County, Co
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including penalties and interest, and the nonpaying Owner shall repay to the paying Owner
the total amount so paid upon demand.
8. Expense Lien. Any amount owed by an Owner to the Maintenance Director
pursuant to paragraph 6 above, or owed by any Owner to another Owner as a result of
payment of taxes pursuant to paragraph 7 above, which is not paid within the times
permitted shall constitute a lien against the Parcel which is owned by the non - paying Owner,
which lien shall be prior to all other liens except the lien of any first mortgage or deed of
trust and the lien for unpaid taxes and assessments. Any such unpaid amount, together
with interest at the rate equal to 5% per annum above the prime rate designated by the Wall
Street Journal from time to time, plus the costs and expenses of collecting such amount
(including reasonable attorney fees), shall be the personal obligation of such non - paying
Owner. Such lien (including such interest, costs and expenses) may be foreclosed in the
same manner as the foreclosure of a mortgage in the State of Colorado. The existence of
the lien rights set forth in this paragraph 8 shall not be deemed to supersede or impair in
any way the right of any Owner to recover damages from a non - paying Owner or to exercise
any other available remedy at law or in equity.
9. Environmental Matters.
(a) Except as provided in subparagraph (b) below, no Owner or other
Occupant shall release, generate, use, store, dump, transport, handle or dispose of
any Hazardous Material on the Property, or otherwise permit the presence on the
Property of any Hazardous Material except in accordance with all Environmental
Laws. Each Owner shall immediately advise the other Owners of any release of
Hazardous Materials on or about the Property which such Owner knows of or believes
to have occurred, including any claims made or threatened by any third party relating
to any purported release of Hazardous Materials, and shall promptly provide to all
other Owners a copy of any inquiry, notice of investigation or notice of violation or
potential or alleged violation of any Environmental Laws and any enforcement,
cleanup or removal order or other governmental or regulatory actions instituted or
threatened in regard to any portion of the Property.
(b) Notwithstanding anything contained in this paragraph 9 to the contrary,
any Occupant may (i) use products containing Hazardous Materials and equipment
fueled by or containing Hazardous Materials on or about the Property to the extent
that such products and equipment are incidental to the normal operations of vehicles,
or (ii) merchandise properly packaged products such as paints, oils, solvents, sealers,
adhesives and finishes, fertilizers, insecticides and rodent poisons and the like which
may contain Hazardous Materials, provided that such use or merchandizing shall
comply with Environmental Laws.
(c) An Owner or Occupant may also use particular Hazardous Materials on
its Parcel with the prior written consent of the other Owners, which consent shall not
be unreasonably withheld on the following conditions: (i) the Owner demonstrates to
the other Owners' reasonable satisfaction that such Hazardous Materials are
necessary or useful to the Owner's or Occupant's business, will be monitored, used,
stored, handled and disposed of in compliance with all Environmental Laws, will not
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Gilbert Ortiz Clerk /Recorder. Pueblo County., Cc
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endanger any persons or property, and will not invalidate or limit the coverage (or
increase the premiums of) any insurance policy affecting or covering any portion of
the Property; (ii) the Owner or Occupant provides the other Owners with such security
as may be reasonably required by the other Owners to secure such Owner's or
Occupant's performance of its obligations under subparagraph (d) below; and (iii)
such Owner or Occupant satisfies any other requirements any other Owner may
reasonably impose with respect to the proposed use of the Hazardous Materials.
(d) In the event that Hazardous Materials are released within any Parcel in
violation of any Environmental Laws and such release occurred as a direct or indirect
result of an Owner's or an Occupant's use, handling, storage or transportation of such
Hazardous Material, as between the Owners, such Owner or Occupant engaged in
such activity shall be solely responsible and shall be liable for the prompt cleanup and
remediation of any resulting contamination and all claims, costs, expenses (including
reasonable attorney and consultant fees) and damages, including consequential
damages, suffered by the other Owners and Occupants.
10. Damage to Improvements. If any building constructed on any Parcel is
damaged or destroyed by fire or other casualty, the Owner of such Parcel shall, at its
election and commencing within a reasonable time after such occurrence, either (i) repair
and restore such building, or (ii) raze the remainder of the building, remove the debris, and
cover the affected area with landscaping, asphalt or some other dustcap material. If an
Owner maintains any policies of insurance against the risk of such casualty, such policies
shall include waiver of all rights of subrogation against the other Owners.
11. Condemnation. If all or part of the Property is condemned or taken by any
duly- constituted authority for a public or quasi - public use, the Owner or Owners of the
property concerned shall retain the entire award; provided, that the other Owners may
receive and retain any amount specifically awarded to them for damages resulting from the
severance of Common Areas so condemned or taken. The Owner of Common Areas so
condemned or taken shall promptly repair and restore the remaining portion of the Common
Areas owned by such Owner as near as practicable to their condition and function
immediately prior to such condemnation or taking, without contribution from any other
Owner.
12. Enforcement.
(a) In the event of any violation or threatened violation of any of the
provisions of this Declaration, any Owner shall have, in addition to any other right or
remedy which may be available at law, in equity or otherwise, the right to enjoin such
violation or threatened violation in any court of competent jurisdiction. Any Owner
shall have the right to seek a temporary injunction against an alleged violation at any
time that circumstances justify such a request.
(b) Any Owner contemplating any other enforcement action hereunder shall,
at least 30 days prior to commencement of the action, notify the offending Owner or
Owners, and all other Owners, of the violation and the Owner's contemplated action.
The contemplated action shall only be commenced if action to cure the alleged
t0032 / 3 1
1794892 DEC C 02/03/2009 04:39:14 PM
Page: 9 of 12 R 61.00 D 0.00 T 61.00
Gilbert Ortiz Clerk /Recorder. Pueblo County. Cc
®III �friY�41E�' rh��i�' Gti1CI�Mt+f�I�h��'I�l,l�h+�IN��t ®1111
default is not commenced within 30 days after the giving of such notice and diligently
pursued thereafter to completion.
(c) In no event shall any violation of this Declaration entitle any Owner or
other party to cancel, rescind or otherwise terminate any party's rights under this
Declaration. In the event any action or proceeding is brought by any party under this
Declaration, the prevailing party shall be entitled to recover any and all costs and
expenses incurred to enforce or establish its rights hereunder, including reasonable
attorney fees and all other trial court and appellate costs.
13. Miscellaneous Provisions.
(a) No Public Dedication. Nothing contained herein is intended as a gift or
dedication of any portion of the Property to the general public or for the use of the
general public for any purpose whatsoever.
(b) Nature of Declaration. This Declaration, and all easements, restrictions
and conditions contained herein (whether affirmative or negative in nature) are made
for the direct, mutual and reciprocal benefit of the Parcels, shall constitute covenants
running with the land, and shall inure to the benefit of, and be binding upon, every
person hereafter having any fee, leasehold, mortgage or other interest in a Parcel or
any portion thereof. In the event of any transfer of a Parcel by an Owner, that Owner
shall be entirely freed and relieved of all liability as to that Parcel under any and all of
the covenants and obligations contained in or derived from this Declaration arising out
of any act, occurrence or omission occurring after the consummation of such transfer.
(c) Amendment. This Declaration may only be amended by a writing
executed by or on behalf of the then - Owners of the Parcels which has been approved
by the City (if required) and recorded in the real property records of Pueblo County,
Colorado.
(d) Duration of Declaration. This Declaration shall continue in full force
and effect until the 50th anniversary of the recording of this Declaration (the "Renewal
Date "), and shall automatically be extended for an indefinite number of consecutive
10 -year periods unless and until it is terminated by agreement of the Owners, duly
confirmed by an instrument in writing recorded in the real property records of Pueblo
County, Colorado.
(e) No Waiver. No waiver of any violation of this Declaration shall be
construed as, or constitute, a waiver of any other breach or a waiver, acquiescence in
or consent to any further or succeeding violation of the same or any other provision of
this Declaration.
(f) Severability. If any term or provision of this Declaration shall, to any
extent, be held invalid or unenforceable, the remaining terms and provisions of this
Declaration shall not be affected thereby, but each remaining term and provision shall
be valid and enforced to the fullest extent permitted by law.
(00321190 / 31
1794892 DEC C 02/03/2009 04:39:14 PM
Page: 10 of T2 R 61.00 D 0.00 T 61.00
Gilbert Ortiz ClerklRecorder, Puebla County, Co
(g) Governing Law. This Declaration shall be governed by, and construed
in accordance with, the laws of the State of Colorado.
(h) Headings; Number; Gender. The headings herein are inserted only for
convenient reference, and in no way define, limit or describe the scope or intent of
this Declaration or in any way affect the terms or provisions hereof. The singular
number includes the plural and the masculine gender includes all genders.
(i) Notices. All notices under this Declaration shall be given in writing and
shall be effective for all purposes if hand delivered or sent by certified United States
Mail, postage prepaid, or by prepaid expedited courier service, with proof of delivery
or attempted delivery, to the most current address(es) of the intended recipient as
known to the party giving such notice.
IN WITNESS WHEREOF, Jackalope has executed this Declaration as of the date set
forth above.
JACKALOPE HOLDINGS III, LLC,
a Color ted liability company
By:
Its: Ma ager
STATE OF COLORADO
COUNTY OF 0 W'�
The foregoing instrument was acknowledged before me the 73� day of
2008, by 1 IJQ� as MAh)"Z?Z— of Jackalope
Holdings III, LLC, a Colorado limited liability company.
Witness my hand and official seal. f
My commission expires:
=, 10
5 Notary blic
EXPIRti�
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1794892 DEC C 02/03/2009 04:39:14 P11
Pa e; 11 of 12 R 61.00 D 0.00 T 61.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
EIJI i�l l��i � �l il`l� ti li ;�lll ®i iii
PIEDMONT PARK 11, A SPECIAL AREA PLAN
A RESUBDIVISION OF LOT 3, PIEDMONT PARK
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF PUEBLO, STATE OF COLORADO
PAGE 1 OF 1
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1794892 DEC C 02/03/2009 04:39:14 P11
Pa e; 11 of 12 R 61.00 D 0.00 T 61.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
EIJI i�l l��i � �l il`l� ti li ;�lll ®i iii
PIEDMONT PARK 11, A SPECIAL AREA PLAN
A RESUBDIVISION OF LOT 3, PIEDMONT PARK
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF PUEBLO, STATE OF COLORADO
PAGE 1 OF 1
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