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HomeMy WebLinkAbout08321Reception 1876812 06/01/2011 ORDINANCE NO 8321 AN ORDINANCE APPROVING THE OUTLOOK RIDGE SUBDIVISION, FILING NO 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that. SECTION 1. The final plat of the Outlook Ridge Subdivision, Filing No 1 being a subdivision of land legally described as A resubdivision of Lot 1, Block 7 in Eagleridge Estates, Filing No 2 located in a portion of the NW 1 /4 of Section 12, Township 20 South, Range 65 West of the 6 P M in the County of Pueblo, State of Colorado and being more particularly described as follows All of Lot 1, Block 7 in Eagleridge Estates, Filing No 2 according to the recorded plat thereof as filed for record at Reception No 1690203, 1702444 and 1702445 in the Pueblo County records Containing 17 34 acres, more or less 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, 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 (I) 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 7 c, INTRODUCED February 14, 2011 t w "; BY Leroy Garcia 1 ` A OUN IL PERSON f! o4 o APPROVED ! I (Lt.A4. 4 e43 1,,',✓ PRESID NTNF CITY COUNCIL ATTESTED BY `� %TY CLERK PASSED AND APPROVED February 28, 2011 Background Paper for Proposed ORDINANCE DATE: FEBRUARY 14, 2011 AGENDA ITEM # R-9 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE OUTLOOK RIDGE SUBDIVISION, FILING NO. 1 SUBDIVISION PLAT ISSUE Shall City Council approve the request to resubdivide Lot 1, Block 7 in Eagleridge Estates, Filing No. 2 into two lots? RECOMMENDATION The Planning and Zoning Commission, at their December 8, 2010 Regular Meeting, voted 7-0 to recommend approval. BACKGROUND The applicant is proposing to resubdivide a 17.34-acre tract of land into two lots to facilitate the first phase of construction of an apartment complex project. The project site was subdivided as one lot in the Eagleridge Estates, Filing No. 2 in 2006. FINANCIAL IMPACT None. Reception 1876814 06/01/2011 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness - ait secured by a deed of trust recorded Oc tober 4 , 2006 , in Book O at Page , Reception Number 1696449 , does hereby ratify a , and consent to the subdivision of the land platted as Outlook Ridge Subdivision, 4- -. Filing No. 1 shown on the Subdivision Plat recorded by m Reception Number 1696449 in the records of Pueblo County Colorado and ... ma N O 1 5 M - confirms and joins in the dedication of all streets easements rights of way and access m� ° restrictions shown thereon and subordinates its interest in the property described in the m -.Y Jre y.� Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto .'_U between the Subdivider and City of Pueblo executed m contunetion therewith. 7 L n rn � Signed this / 7 day of / gD // -acs Ridgegate at Pueblo, LLC, a Colorado Limited Company Name Liability Company By f. ! -.4116441 Reg: • Fon. a .� Title Manager STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this / 7 day of H/ -O /" by Roger H Fonda as Manager of Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company My Commission Expires 5 2 ("�v/ 7 * ,�� Notary Public ► .iv G /a4-e ilvtr DPW 107 rte /a , G 7/X 4 / 02/05/02 , J ., , , P f, 0- it:\ s O GO1 -4$' My commission expires 5.21 -2011 Reception 1876815 06/01/2011 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on /` / 7 , 2O // , between the CITY OF PUEBLO, a Municipal Corporatio "City "), and Outlook Ridge Apartments, LLC, a 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 Outlook Ridge Subdivision, Filing No 1 ( "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 Dec. 2007 1133111[11 ■1°7111® tit I is 11 s.®, —" - -• —• - — 1876815 SUBD_AG 06/01/2011 02 08 46 PM Page 3of 12 R66O0D000T66OO Gitbe�1� °E6til�Y WM IIII 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 May 2009 1876815 SUBD_AG 06/01/2011 02 08 46 PM Page 4 2 66 0 D 0 00 6 00 Gilbert Ort iz 1 C lerk / Recor Pueblo T 6 County Co NH, MI II 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 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 DPW 101 4 May 2009 1876815 SUBD_PG 06/01/2011 02 08 46 PM Page 50 2 R 6 6 00 D °P 00 T 66 00 Gilbert O rtiz Clerk /Recorder ueblo County Co 111 r I� +� +� � Or114C1A C � M MI 111 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit "B" and Plans and Documents fail to describe 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 ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then 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, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of anv curb and gutter sanitary sewer storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil 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 Improvements, they shall control as so modified and amended. 15 Except for guarantee and obligation to correct defects required by Section 12-4 - 7(j)(9) 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 accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit "B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit "B" by the Director of Public Works DPW 101 5 May 2009 1876815 SUBD_AG 06/01/2011 02 08 46 PM Pae 6of 12 Dr T6600 G�1 ' ,�tli I !MAN t1 i it i Mi ll 1 1 :6 iMil 11111 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 4 cll rt , nd acting officer ,- I VOTARY -tx Outlook Ridge Apartments, LLC, a Limited 1 * It Subdlvld Liability Company \ � ij B H 4 7 ` Y - " Roge onda, Manager N ,...(......: . � �..� �.. By My C rimss nn exp its 511.2011 The foregoing instrument was acknowledged before me on r4 ie f / , 2O 1/ ,by Roger H Fonda, Manager, Outlook Ridge Apartments, LLC, Subdivider a Limited Liability Company My commission expires 5- - ,,.. -c7C2// o, 00 ________ '",) , Notary Public « i Ut A yl \ PJE" WO , CD 8100 CITY O UEB O, a Municipal Corporation '' — f ° By f ( ,��.�Q�.G. iNM .11aI P esidl t of City Council AT ST City %erk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) ti The foregoing instrument was acknowledged before me this 02 / �� day of at , c2011 by kat ,1 , as President of Ci Council, and 0i D A.. v - c I l e- •! as City Clerk of the City of Pueblo, Colorado Witness my hand and official seal. DPW 101 6 May 2009 Pk ° l3>.4 sion expires 6L • •.c1j, PuBL1C• , ,1.L. •,,;' Notary Public APPROVED AS TO FORM 7 C i f) W 4 7 1j2- ity Attorney 1876815 SUBD_AG 06/01/2011 02 08 46 PM P age 72 R66 D000T 6 600 G ilbert O rtiz Clerk /Recorder 00 Pueblo County Co III a % M IL ri I I ri er h��� r �L�� L i M 81111 DPW 101 7 May 2009 1876815 SUBD_AG 06/01/2011 02 08 46 PM Page 80 2 R 6Dr 6 0 Gilbe rt iz 1 Clerk /Recorde6 00 0 Pueblo 00 T 6 County Co III WI% l ' tip IK 9 11 1NI HY H1414 il 111 EXHIBIT A LAND DESCRIPTION OUTLOOK RIDGE SUBDIVISION, FILING NO. 1 A resubdivision of Lot 1, Block 7 in Eagleridge Estates, Filing No 2 located in a portion of the NW '/4 of Section 12, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows All of Lot 1, Block 7 in Eagleridge Estates, Filing No 2 according to the recorded plat thereof as filed for record at Reception No 1690203, 1702444 and 1702445 in the Pueblo County records. Containing 17 34 acres, more or less. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description, being made a part hereof, was prepared under my responsible charge and is accurate to the best of my knowledge, information and belief. t ntnnuwninnr n/i Dav' M. r ` °J\0 M. STRq'*4 Colorado P.L.S 12933 . � � QP� j NorthStar Engineering and Surveying, Inc f ,�� ,, November 8, 2010 g *1' 12933 " JN 95 026 21 - ,) e I 4 -117 c , > , SUR Q. � S4 , O F ►►►�4 ?0 C ` SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME' OUTLOOK RIDGE SUBDIVISION, FILING NO 1 JN 9502621 DEVELOPER. OUTLOOK RIDGE APARTMENTS, LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. RIDGE DRIVE (PHASE 1) STREETS 3" Asphalt on 13" Base Course 41 SY @ $26.50 /SY = $1,100 Curb and Gutter 61 LF @ $12 00 /LF = $800 Handicap Ramp (2) 240 SF @ $3 00 /SF $720 Tactile bands 2 EA @ $310 00 /EA $620 Sidewalk 3300 SF @ $2.50 /SF $8,250 Square Pan Radius 296 SF @ $5 00 /SF $1,480 7" Cross Pan 224 SF @ $5 00 /SF $1,120 SANITARY SEWER. 8" PVC Sewer Main 906 LF @ $35 00 /LF = $31,800 48" Manholes 4 EA @ $2,500 00 /EA = $10,000 SUBTOTAL $55,890 1876815 SUBD_AG 06/01/2011 02 08 46 PM Page 90 2 R 66 rid 00 6 0 Co Gilbe rt iz 1 Clerk /Recer D 0 Pueblo T Co un ill 1y'�1 Iis ' rel 'P�+PJ �h I lliO, ifl'i 11111 1876815 SUBD AG 06/01/2011 02 08 46 PM Page 1 0 12 R 6 6 0 00 T Gilbert Ortiz of Clerk /Record00 D er Pueblo County 66 1I I 00 Co 1111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME OUTLOOK RIDGE SUBDIVISION, FILING NO 1 JN 9502621 DEVELOPER. OUTLOOK RIDGE APARTMENTS, LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. OUTLOOK BLVD (PHASE 1) STREETS 7" Asphalt over 16" Base Course 1750 SY @ $30.50 /SY = $53,375 Curb and Gutter 560 LF @ $10.50 /LF = $5,880 Handicap Ramp (4) 480 SF @ $3 00 /SF $1,440 Tactile bands 4 EA @ $310 00 /EA $1,240 Sidewalk 1680 SF @ $2.50 /SF $4,200 Square Pan Radius 296 SF @ $5 00 /SF $1,480 7" Cross Pan 224 SF © $5 00 /SF $1,120 WATER 8" PVC Water Main 70 LF @ $45 00 /LF = $3,150 STREET LIGHT 1 EA @ $1,343 00 /EA = $1,343 MONUMENT BOX 1 EA © $594 00 /EA = $594 BARRICADES L =24' 1 EA @ $1,162.00 /EA = $1,162 SUBTOTAL $74,984 1876815 SUBD AG 06/01/2011 02 08 46 PM Page 11 12 R 00 D 0 00 6 00 G Ortiz of Cler /Recor der Pueblo T Co Co Itr.600111,1 III I SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME OUTLOOK RIDGE SUBDIVISION, FILING NO 1 3N 9502621 DEVELOPER. OUTLOOK RIDGE APARTMENTS, LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. RIDGE DRIVE (PHASE 2) STREETS 3" Asphalt on 13" Base Course 3844 SY © $26.50 /SY = $101,900 Curb and Gutter 1730 LF @ $12.00 /LF = $20,800 Sidewalk 5190 SF @ $2.50 /SF $12,975 WATER PVC Water Main 0 LF @ $47.50 /LF = $0 Fire Hydrant Ass'y 1 EA @ $3,250 00 /EA = $3,300 STORM SEWER 27" HDPE Pipe 550 L.F @ $59 00 /LF = $32,500 Type 1 -B Manhole 2 EA © $2,465 00 /EA = $5,000 STREET LIGHT 3 EA © $1,450 00 /EA = $4,400 MONUMENT BOX 2 EA © $655 00 /EA = $1,400 SUBTOTAL $182,275 1876815 SUBD AG 06/01/2011 02 08 46 PM Page 12 of 12 R 66 00 D 0 00 T 66 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co III �'ir�P�Tl�1PL114 ,I r, t,NL �L Mill SI III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME OUTLOOK RIDGE SUBDIVISION, FILING NO 1 JN 9502621 DEVELOPER. OUTLOOK RIDGE APARTMENTS, LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT $313,149 This is an estimate only Actual construction costs may vary This is an estimate only Actual construction costs may vary PREPARED BY M. CUPPY FIRM NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the 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 (iii) the unit prices shown hereon are the most current unit prices provided by the City of -Pueblo { P SEAL • Pr fb essional Engineer Date o.S a � * �� l / srONAv i , ei REVIEWED BY Si/44— City of Pueblo Reception 1876816 06/01/2011 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Subdivision Improvements Agreement for outlook Ridge Subdivision, Filing No. 1 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1 The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A" 2 The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A" 3 For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4 After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5 Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6 No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney 7 The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and 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 and Subdivider and their respective heirs, personal representatives, successors, and assigns Executed at Pueblo, Colorado, as of I /7, a0 / Outlook Ridge Apartments, LLC, a Limited Subdivider Liability Company DPW103 1/6/04 By ;111/4 Air Roger ' Fonda, anager By STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this / 7 day of M,/ , o ?o/% by Roger H Fonda, Manager, Outlook Ridge , Subdivider Apartments, LLC, a Limited Liability Company Witness my hand and official seal My commission expires S - ,2/- /0 4 ` NOTARY] Notary Public gad" . �/ 0^ 6y- 111(47: fa bk, c 'iooy \\: PUBLIC FC CITY OF PUEBLO, M toru ;ssiOP expires 5.21 2011 a M icipal Corporation By President f t Council 1876816 ADD AGR 06/01/2011 02 08 46 PM Page 2 of 3 _ R 2 00 0 00 T 21 00 Gilbert Ortiz Clerk /Recorder Pueblo Co unt y Co ri I �i DPW 103 1/6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence (a) Phase I shall consist of the following lots within the Subdivision. Lot 1, Block 1 (b) Phase II shall consist of the following lots within the Subdivision Lot 2, Block 1 1876816 ADD AGR 06/01/2011 02 08 46 PM !Mee 3 of 3 R 21 00 0 00 T 21 00 Y Co rt Or tiz Clerk /Recorder Pueb Count III ,®y ilhi 11sirrGr'L I MR I t 6 x,1114 11111 DPW 103 1/6/04