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Home My WebLink About109061712076 G IIIIII VIII IIIIIII Ill lllllll IIIIII III VIII illl IIII 00 19/30 /2000002:57P RESOLUTION NO. 10906 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTIES WITHIN THE OUTLOOK WEST MASTER PLAN AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN ADDENDUM TO THE SUBDIVISION IMPROVEMENTS AGREEMENTS TO PROVIDE FOR LOT FEES FOR THE DEFERMENT OF CERTAIN ROADWAY IMPROVEMENTS ASSOCIATED WITH SAWYER RIDGE FILINGS NO. 1 & 2 SUBDIVISIONS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Development Agreement between the City of Pueblo, a Municipal Corporation, Sawyer Ridge LLC, A Colorado Limited Liability Company and W.L. Enterprises, Ltd., a New ^ r Mexico Limited Partnership, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Development Agreement in the name of the City. The Director of Public Works is hereby authorized to execute the Addendum to the Subdivision Improvements Agreement for Sawyer Ridge Subdivision, Filings No. 1 & 2 to create per lot fees within said subdivisions for certain deferred roadway improvements, copies of which are attached hereto and hereby approved. SECTION 2. This Resolution shall become effective upon final passage and approval INTRODUCED: January 8, 2007 BY: J udy Wpayq� OUNCI ERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 12ES0 - 0- /0?0� Background Paper for Proposed RESOLUTION AGENDA ITEM # `f DATE: January 8, 2007 1 -S -0p7 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTIES WITHIN THE OUTLOOK WEST MASTER PLAN AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN ADDENDUM TO THE SUBDIVISION IMPROVEMENTS AGREEMENTS TO PROVIDE FOR LOT FEES FOR THE DEFERMENT OF CERTAIN ROADWAY IMPROVEMENTS ASSOCIATED WITH SAWYER RIDGE FILINGS NO. 1 & 2 SUBDIVISIONS. ISSUE Should City Council approve a development agreement for certain properties within the Outlook West Master Plan and authorize the Director of Public Works to approve an addendum to the subdivision improvements agreements for Sawyer Ridge Filings No. 1 & 2 to allow for the deferment of certain roadway improvements and to impose lot fees for said improvements. RECOMMENDATION Approval of this Ordinance. BACKGROUND The subdivider of the Sawyer Ridge subdivisions, by addendum to the Subdivision Improvements Agreement, had asked to defer certain improvements on Dillon Drive and Eagleridge Boulevard adjacent to the subdivisions since they either do not serve a need at this time or conflict with the existing roadway improvements. The cost of the roadway improvements are significant and the current owner and developer are now requesting that these costs for the improvements be shared with the adjacent subdivision (Sawyer Ridge Filing No. 2) and some adjacent undeveloped properties as lot fees to be instituted at the time those properties are subdivided. The adjacent property owner, W.L. Enterprises, Ltd., agrees with the terms of the development agreement which encumbers the property with future per lot fees and is signatory to said document FINANCIAL IMPACT The City will collect lot fees based upon the engineer's estimate of the cost of those improvements that will be adjusted annually to allow for inflation. 1712076 VIII VIII I VIII l Page: 2 of 14 ab lll l l Y llll II III III VIII IIII III 001/30 / 2.57P Gilbert Ortiz 0 00 Kevisea: U1/05/07 DEVELOPMENT AGREEMENT This Agreement made and entered into effective the $ day of January, 2007 by and between WL Enterprises Ltd., a New Mexico limited partnership ( "WL "), Sawyer Ridge LLC, a Colorado limited liability company ( "Sawyer ") and the City of Pueblo, Colorado, a Municipal Corporation ( "City "). WHEREAS, WL is the owner of the real property described on the attached Exhibit A (herein the "Property "). WHEREAS, Sawyer has a contract with WL for the purchase of the Property. Sawyer has previously caused to be subdivided Sawyer Ridge Filing No. 1, Pueblo County, Colorado and Sawyer Ridge Filing No. 2, Pueblo County, Colorado, ( collectively herein the "Sawyer Ridge Subdivisions ") which subdivisions lie adjacent to the Property. NOW THEREFORE, WL and Sawyer agree that upon the future subdivision of the Property there will be included with the Subdivision Improvements Agreement with the City a per lot fee of One Thousand Seventy - Three Dollars and Thirty -four cents ($1,073.34) for certain off site improvements. Attached hereto for reference as Exhibit B is the calculation of these off site improvements, as the same were calculated for the Sawyer Ridge Subdivisions. Exhibit B reflects the types and categories of off site expenses which were considered in calculating the per lot fee. The per lot fee will be paid to the City at the time of application for a building permit for any building or structure for any lot within said future subdivision. It is understood and agreed that the per lot fee was calculated on the assumption that the Property will be developed for residential purposes with a density of four (4) dwelling units per acre. In the event the Property is developed at a greater or lesser density it is understood and agreed that the per lot fee will be adjusted on a direct proportional basis. In the event any portion of the Property is developed for other than residential purposes the lot fees will be determined at the time of zoning and subdivision. The amount of the lot fee shall be increased annually on or around January 151, based on the annual percentage increase in the Engineering News - Record Construction Cost Index, (the index for December 2006 was 7887.62). The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. W.L. Enterprise LTD., A New Mexico Limited Partnershi Subdivider (Sawyer Ridge Subdivisions) By: C /.�;�.r ! �',�' �� t.'. �r t , a e=i Q it i I I I Wayne L' ovelady — General Partner Revised: 0 /05/07 AMENDMENT TO ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (LOT FEES) [O e N 1� ^mm omm NQa This Addendum shall be incorporated in and become a part of the ° November 2 , 2005 Subdivision Improvement Agreement and Lot Fee Addendum m (Eagleridge /Dillon) for the Sawyer Ridge Subdivision Filing No. I (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. r 1. Prior to the issuance of a building permit to build or construct any building w or structure within the Subdivision, the sutra of 51,312.48 shall be deposited (the "Deposit") with the Director of Finance for the future completion of Eagleridge Boulevard and Dillon Drive (including sanitary sewer) per City of Pueblo specification ( "Improvements). a 2. The Deposit is based on a buildable lot density of approximately 4 lots per n O acre. In the event the lot density of the Subdivision is modified by further subdivision or lot line rearrangement, the Deposit shall be adjusted proportionately based on the ° total amount shown on Exhibit A. �� m 3. The amount of the Deposit shall be increased annually. on or around January -7- I", based on the annual percentage increase in the Engineering News- Record Construction Cost Index, (the index for December 2006 was 7887.62). 4. The Deposit shall be held in an interest - bearing account identified as the Sawyer Ridge Deferred Roadway Improvements (Eagleridge/ Dillon) ( "Account"). The Deposit and interest thereon shall be expended solely for the completion of the Improvements on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. The City of Pueblo shall hold the Account until the Improvements are completed. All Parties agree that the Deposit is non - refundable. 5. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to. be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo. Colorado as of JAW&ri JD 200 ! 1! l CITY - UF PrEI�LO, a Municipal`� B} / ! - Director of lic Warks STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the - 1 50 day of 200_j by 7)6pt je G . CCY)ta.� , Director of Public Works. my hand and official seal. o Nl� Vc mission expires: n yW $ Notary Public 0 ' ^ CONSENT AND APPROVAL •••••• •4•pp....P...... / The undersi a record owner of all lots within the Sawyer Ridge Filing No. 1 Subdivision, excluding Lots 5, 8, and 9 of Block 1 and Lot 22 of Block 2 and Lots 13, 15, 16, 20, 25, 28, and 49 of Block 3, for which a lump sum fee of $14,417.28 shall be deposited for those excluded lots by the undersigned prior to signature of the Director of Public Works, do hereby consent to and approve the foregoing Addendum. �kvcaV-� 5- I 7 Name Date avj Z�6 L� Company Name i Signature STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The f egoina ins ment was acknowledged before me the ( day of 0 uo- Ct 200 by ICIreS�i <yd_I�r�ani _ Witness my hand and official seal. NR A np i My commission expires: i Votary Public a r m N m N o H amm m w rc v m Y T U O a a N 0 n EXHIBIT "A" Page 1 of 2 Dillon Drive Roadway Improvements 5" Asphalt on 14" Base Course 3000 SY $ 25.50 $ 76,500.00 Dillon D ve Curb & Gutter 1000 LF $ 10.50 $ 10,500.00 Sidewalk 5400 1 SF $ 2.50 $ 13,500.00 Sanitary Sewer Improvements Onsite 8" PVC mains 1150 LF $ 31.00 $ 35,650.00 48" Manholes 4 EA $ 2,273.00 $ 9,092.00 Eagleridge Blvd. Drainage Improvements Onsite Swale 1300 LF $ 25.00 $ 32,500.00 Onsite Gradin Grade & backfill 3500 CY $ 2.00 $ 7,000.00 Planting & Establishing Vegetation 0.5 AC $ 1,200.00 $ 600.00 Roadway Improvements 5" Asphalt on 14" Base Course 3700 SY $ 25.50 $ 94,350.00 North half of road only Curb & Gutter 3583 LF $ 10.50 $ 37,621.50 North side and i sland Street Lights 7 EA $ 1,343.00 $ 9,401.00 Handicap Ramps 246 SF $ 3.00 $ 738.00 Nora, Side only Tactile Band 2 EA $ 310.00 $ 620.00 North Side only Sidewalk 6200 SF $ 2.50 $ 15,500.00 North Side only Monument Boxes 3 EA $ 594.00 $ 1,782.00 Water Main & Service Improvements 16" PVC mains 1290 LF $ 60.00 $ 77,400.00 Irrigation Taps 2 EA $ 10,000.00 $ 20,000.00 estimate only SUBTOTAL $ 442,754.50 10% Engineering $ 44,275.45 10% Contingency $ 44,275.45 TOTAL $ 531,305.40 Per Lot Fee $ 1,073.34 pprox. Lots a r W w N rwmm � or N °N o .. r m^ R w m r rc w K U m V T U 0 a a N L 0 0 a Prepared by Mangini Reeves 1/1012007 EXHIBIT "A" Page 2 of 2 a •w L Y w N m Comm ay ..m Ham m w m m � U T � U � O a a N O O U Prepared by Mangini Reeves 1/10/2007 D , Dillon Drive Sanitary Sewer Improvements Onsite 8" PVC mains 860 LF $ 31.00 $ 26,660.00 48" Manholes 3 EA $ 2,273.00 $ 6,819.00 SUBTOTAL $ 33,479.00 10% Engineering $ 3,347.90 10% Contingency $ 3,347.90 TOTAL $ 40,174.80 Per Lot Fee $ 239.14 168 Lots a •w L Y w N m Comm ay ..m Ham m w m m � U T � U � O a a N O O U Prepared by Mangini Reeves 1/10/2007 Revised: 01 /05/07 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PER LOT FEE - ROADWAY IMPROVEMENTS) This Addendum shall be incorporated in and become a part of the September 1" , 2006 Subdivision Improvement Agreement for the Sawyer Ridge Subdivision Filing No. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Prior to the issuance of a building permit to build or construct any building or structure within the Subdivision, the sum of 51,073.34 shall be deposited (the "Deposit") with the Director of Finance for the future completion of Eagleridge Boulevard and Dillon Drive per City of Pueblo specification ( "Improvements). 2. The Deposit is based on a buildable lot density of approximately 4 lots per acre. In the event the lot density of the Subdivision is modified by further subdivision or lot line rearrangement, the Deposit shall be adjusted proportionately based on the total amount shown on Exhibit A. J. The amount of the Deposit shall be increased annually, on or around January 1 based on the annual percentage increase in the Engineering News - Record Construction Cost Index, (the index for December 2006 was 7887.62). 4. The Deposit shall be held in an interest - bearing account identified as the Sawyer Ridge Deferred Roadway Improvements (Eagleridge/Dillon) ( "Account'). The Deposit and interest thereon shall be expended solely for the completion of the Improvements on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. The City of Pueblo shall hold the Account until the Improvements are completed. All Parties agree that the Deposit is non - refundable. 5. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo. Colorado as of _.b.Pt1. 0Wj " O 20U CITY OFREBLO, a Municipal Arporation By -i _ �� „ Director of Public Woks a r W ti N m O � m m m r rc - U a rc m � U 0 a 9 a N � o `s = a i? STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the 30 day of �, -2a07 by .lxlJtlG� �. l'W t-a Director of Public Works. ° y y5.. ••B'' ss my hand and official seal. ° ' C y -cam lssion expires: g o r ;Z7 = Notary Public 9. ......••` �,✓ CONSENT AND APPROVAL The undersigned. a record owner of all lots within the Sawyer Ridge Filing No 2 Subdivision do hereby consent to and approve the foregoing Addendum. C�V'G SAC! V,I\Ck ll Name (Printed) �Q `^J`� Z✓ ��a o� �� G. Company Nam Signature STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 1 /11 Ic Date The f inst>ment was acknowledged before me the 1 day of W10A 2007 by V f� Ij j0,dhnn r�i_ �i Witness my hand and official seal. My commission expires: �0' = Notary Public a r vi I�wmm s o 0 N�N .m r m» e+ m O W O x �U O O a N O m n i, EXHIBIT "A" Page 1 of 1 ITEM QTY UNIT UNIT PRICE ESTIMATED PRICE NOTES Dillon Drive Roadway Improvements 5" Asphalt on 14" Base Course 3000 SY $ 25.50 $ 76,500.00 Dillon Drive Curb & Gutter 1000 LF S 10.50 $ 10,500.00 Sidewalk 5400 SF $ 2.50 $ 13,500.00 Sanitary Sewer Improvements Onsite 8" PVC mains 1150 LF $ 31.00 $ 35,650.00 48" Manholes 4 EA $ 2.273.00 $ 9,092.00 Eagleridge Blvd. Drainage Improvements Onsite Swale 1300 LF $ 25.00 $ 32,500.00 Onsite Gradin Grade & backfill 3500 CY $ 2.00 $ 7,000.00 Planting & Establishing Vegetation 0.5 AC $ 1,200.00 $ 600.00 Roadway Improvements 5" Asphalt on 14" Base Course 3700 SY $ 25.50 $ 94,350.00 North half of road only Curb & Gutter 3583 LF $ 10.50 $ 37,621.50 North side and island Street Lights 7 EA $ 1,343.00 $ 9,401.00 Handicap Ramp 246 SF $ 3.00 $ 738.00 North Side only Tactile Band 2 EA $ 310.00 $ 620.00 North Side only Sidewalk 6200 SF $ 2.50 $ 15,500.00 North Side only Monument Boxes 3 EA $ 594.00 $ 1,782.00 Water Main & Service Improvements 16" PVC mains 1290 LF $ 60.00 $ 77,400.00 Irrigation Taps 2 EA $ 10,000.00 $ 20,000.00 estimate only SUBTOTAL $ 442,754.50 10% Engineering $ 44,275.45 10% Contingency $ 44,275.45 TOTAL $ 531,305.40 Per Lot Fee $ 1,073.34 - A pprox. Lots o. r o O m N � ON .. r �^ m.. H amm m r o: N w U O U T U O a 9 a N O m a Prepared by Mangini Reeves 1/812007