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HomeMy WebLinkAbout08520Reception 1924135 11/1/2012 1924135 ORD 11/01/2012 02:09:14 PM Z Page: 1 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III MUIR 114144 I ail I K Oki 11111 ORDINANCE NO. 8520 AN ORDINANCE APPROVING THE MINNEQUA INDUSTRIAL PARK, THIRD FILING SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Minnequa Industrial Park, Third Filing Subdivision, being a subdivision of land legally described as: A resubdivision of Lot 2, Minnequa Industrial Park Filing No 2. More specifically known as follows: Lot 2, Minnequa Industrial Park, Second Filing, County of Pueblo, State of Colorado, as shown on plat recorded January 28, 2003 at Reception No. 1481756. attached hereto, is hereby approved. SECTION 2. The Subdivision is approved with the following conditions: 1. Existing easements should be shown with dashed lines instead of solid lines for clarity. 2. Show details of emergency overflows for all ponds. Ponds should be in drainage easements or drainage parcels... not conveyed to City by Deed. SECTION 3. 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 4. 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 5. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been agreed to in writing by the subdivision developer, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. All information, documents, drawings and profiles required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one -year period, the ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. INTRODUCED: SEPTEMBER 24, 2012 .r4gpi.o, co '? L 7 0 4 �« r \ , •� c ' � BY: Leroy Garcia �`� `� COUNCIL ER ON J d ,/OSR If 1 t ►t�0� APPROVED: _,/ ^ m I _• `' - R 1' T aF CITY COUNCIL •. `rt.°QR ATTESTED BY: . _ ••� �._ �. ITY CLERK PASSED AND APPROVED: October 9, 2012 Background Paper for Proposed ORDINANCE DATE: SEPTEMBER 24, 2012 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JAMES F. MUNCH, ACTING DIRECTOR TITLE AN ORDINANCE APPROVING THE MINNEQUA INDUSTRIAL PARK, THIRD FILING SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the 64.36-acre property into four (4) lots generally located south of Standard Sales Company, east of Greenhorn Drive? RECOMMENDATION The Planning and Zoning Commission, at their September 20, 2012 Work Session Meeting, voted 5-0 to recommend approval with the following conditions: 1. Existing easements should be shown with dashed lines instead of solid lines for clarity. 2. Show details of emergency overflows for all ponds. Ponds should be in drainage easements or drainage parcels…not conveyed to City by Deed. BACKGROUND The applicant is proposing to resubdivide a 64.36-acre parcel of land into four (4) lots to facilitate the construction of a Fed Ex distribution facility and related site improvements on Lot 1. The property is currently zoned I-3, Heavy Industrial Zone District. FINANCIAL IMPACT None. Reception 1924137 11/01/2012 02:09:14 PM P 1 of u 11 R 81.00 E r 013110/11o. 61 � �J t • G i h be l'1�rYlrll ' �' e '1IlMl untY � I i I 111 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on CC-7 2 , 2012, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and PEDCO Foundation, Inc., a Colorado Corporation ( "Subdivider "). RECITALS WHEREAS, Pursuant to the final plat of Minnequa Industrial Park, Second Filing, recorded January 28, 2003, under Reception No. 1481759, Subdivider entered into that certain Subdivision Improvements Agreement dated January 28, 2003 and recorded under Reception No. 1481757 and Addendum thereto dated Jan] nary 28, 2003, and recorded under Reception No. 1481758; 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 Minnequa Industrial Park, Third Filing( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code (the "Agreement "); 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 judgment of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration ofthe foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. With respect only to the real property described in Exhibit A attached hereto, this Agreement supercedes and replaces the Subdivision Improvements Agreement dated January 28, 2003 and recorded under Reception No. 1481757 and Addendum thereto dated January 28, 2003, and recorded under Reception No. 1481758. As to all other real property which is the subject of the aforesaid Subdivision Improvements Agreement and Addendum, those instruments shall continue to be fully applicable. 2. Subdivider agrees to construct and install at its sole cost all of the Required Public Improvements within the earlier of i) one hundred and eighty (180) days after applying for a building permit to 1 DPW 101 Dec. 2007 construct any building or structure on any building site within the Subdivision, or ii) the issuance of a certificate of occupancy for any such building or structure. 3. 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 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 ". 4. 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. 5. 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 Tess than the estimate ofthe 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. 6. In the event the Subdivider or any subsequent owner ofthe 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 bui Id 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. 2 7. 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 8 below. 8. 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 Depot lment 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 8 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. 9. 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. 10. 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 ofthe 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. 11. 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 3 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. 12. 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, after first giving such landowner notice and opportunity to cure within ten (10) days from receipt of said notice from the City. All such City's costs and administrative charges shall become a perpetual lien on the land within the Subdivision upon recording in the office ofthe 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. 13. 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. 14. 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. 15. 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 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: 4 (a) Ifthe 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 any curb and gutter, sanitary sewer, storrn sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) Ifthe 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. 16. 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. 17. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 18. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 19. 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. 5 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. PEDCO Foundation, Inc. Subdivider Ck ettAinut,A) (SEAL) By: j Q- Q��YY�ult_� By: Y The foregoing instrument was acknowledged before me on (7,6j 0l5 , 2012, by PELOO 1 tti r L YI , , Subdivider. My Commission expires: MY COMMISSION EXPIRES 02!08/2014 L./ ( � l' • i �.r NADINE N WELDON Notary Public NOTARY MINX STATE OP CCL0RADO u y Comm) on MOW Feb. 0a, 2014 CITY 0 '' UUUE) a, a i nicipal Corpora ion ,4 + + ti =. • City Council A EST: \ � � f� f fi .9 %\ - r I �s /440 1 S..4 &Jl� lrg ity Clerk 6 STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2012, b , as President of City Council, and as City Clerk of the City of Pueblo, Colorado. My commission expires: [SEAL] Notary Public APPROVED AS TO FORM: { City Attorne 7 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" Lot 2, Minnequa Industrial Park Second Filing, according to the recorded Plat thereof filed for record January 28, 2003 at Reception No. 1481756 in the records of the Pueblo County Clerk and Recorder. 8 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Minnequa Industrial Park Filing No. 3 DEVELOPER: PEDCO Foundation ENGINEER: Abel Engineering Professionals, Inc. for Greenhorn Drive Improvements Gagliano Engineering, Inc. for Lot I FEDEX Improvements Estimate only for Bentley Drive Improvements — Approximately 543 LF PHASE I GREENHORN DRIVE Street Improvements Asphalt paving (3" on 18 ") 294 SY @ $40.00 /SY = $11,760.00 Curb & Gutter 100 LF @ $12.00 /LF = $1,200.00 Water Lines 8" PVC Combined Domestic & Fire Service Line Tap & Stub 1 EA @ $2,000.00 EA = $2,000.00 Sanitary Sewer Lines Service Line Tap & Stub — 80' ROW 1 EA @ $1,400.00 EA = $1,400.00 LOT 1 DRAINAGE IMPROVEMENTS Primary Vee Ditch Channel 765 LF @ $10.00 /LF = $7,650.00 Outlet Structure 1 EA @ $3,300 EA = $3,300.00 Grading 9,500 CY A $2.20/CY = $20,900.00 9 Planting & Establishing Vegetation 3 AC @ $13,150/AC = $39,450.00 PHASE I TOTAL = $87,660.00 PHASE 11 GREENHORN DRIVE Street Improvements Asphalt paving (3" on 18 ") 23,339 SY @ $40.00 /SY = $933,560.00 Curb & Gutter 4,734 LF $12.00 /LF = $56,808.00 Water Lines 8" PVC Combined Domestic & Fire Service Line Tap & Stub 3 EA @ $2,000.00 EA = $6,000.00 Sanitary Sewer Lines Service Line Tap & Stub — 80' ROW 3 EA @ $1,400.00 EA = $4,200.00 BENTLY DRIVE - +/- 543 LF Street Improvements Asphalt paving (3" on 18 ") 2200 SY $40.00/SY = $86,880.00 Curb & Gutter 1086 LF $12.00 /LF = $13,032.00 Street Lights 4 EA @ $1,450.00 EA = $5,800.00 Concrete Pan (7" reinforced) 1280 SF @ $5.00 /SF = $6,400.00 Square Pan Radius 800 SF @ $5.00 /SF = $4,000.00 10 Handicap Ramps 800 SF @ $4.00 /SF = $3,200.00 Water Lines 12" PVC 550 LF @ $50.00 /LF = $27,500.00 Fire Hydrants 4 EA @ $3,250.00 EA = $13,000.00 Sanitary Sewer Lines 8" PVC 550 LF @ $35.00 /LF = $19,250.00 PHASE II TOTAL = $1,179,630.00 This is an estimate only. Actual construction costs may vary. PREPARED BY: FIRM: The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by 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 (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. [P.E. SEAL] 's 1 o �t t / - 2- 0 ■ , , /��FS C�� ' � ess i onal Engineer Date S • ONAL E REVIEWED BY: Director of Public Works Date 11 Reception 1924138 11/01/2012 02:09:14 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the oc.'Tosee 25 , 2012 Subdivision Improvements Agreement for Minnequa Industrial Park, Third Filing (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 as Pueblo, Colorado, as of GI 2012. PEDCO Foundation, Inc., a Colorado corporation BY 4 iiL. LIL A / Printed: -- nil # v S /yt rZ Its: C V14 i STATE OF COLORADO ) COUNTY OF PUEBLO ) 0101 - The foregoin instrument was acknowledged before me thiso. day of _ , 2013, by�O.Cnrn VfqYli(e_ , who is ('hn (Y y fm of PEDCO Foundation, Inc., a Colorado corporation, Subdivider. Witness my hand and official seal. My Commission Expires: MY COMMISSION EXPIRES 02/08/2014 , Notary Public NADINE N WELDON NOTARY PUBLIC STALE OF COLORADO [SEAL] M' e4nml"bon Exptrea Feb. 08, 2014 CITY OF PUEBLO, A Municipal Corporation B . ' - si• ent • ' City Council 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, Minnequa Industrial Park, Third Filing (see attached drawing) (b) Phase II shall consist of the following lots within the Subdivision: Lot 2, 3 and 4, Minnequa Industrial Park, Third Filing (see attached drawing) DPW 103 1 /6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" — PAGE 2 MINNEQUA INDUSTRIAL PARK FILING NO. 3 PHASING PLAN PHASE LINE AT MINNEQUA �.+!` ,�,.•�,�,� ;�, ;,����� IND. PARK FILING NO. 2, 040****,... GREENHORN DRIVE 4 0 0 1 1 0 "" 0 ppo t t A 0 STATION 47 +75 e.%44 LOT 2 :;;.' AIM OA 44 NV : ';;:;::;:;;O:p:;` Loin ...:....... 4•,00000•..... 0g... . ►00$$$$$$0•.. , � .O • O.0 o O 000 ❖. •: • • . . • . � i• i• i • i' i' � 0 • i • i • i • i • i • i • i • ii • i • � • i • l( i 000• •••• i• •' 0 0 0 0.0 0 0.0 0 0 0 0 0 0 ., 0 • � OiA00•D00�•i0 2 i* LOT 3 *X 2:4•1** OOO.• i• O, O O O p ■ •• 1U i iii i i ,A , ss i � C(/ M40..40.440, • i i i i i iii i •i •. 2 0•'0.0,•0,000.00.00.0; ' ' 4 • • • i • i' i • ii • i • i • i • ii • i • i' . • i ' � • i • i • i• i • i • i' i • i • i • ii • ii � AWAVVX 24r i.'400' O•i`.g :;:�;;• v' BENTLEY O DRIVE ■ ' LEGEND Oc0. , y I (LOT 1) Ci i'i'i 0 4 4 4...4 PHASE 11 (LOT 2, PARCELS NOT TO SCALE A!tot A Sc B) - STA. . . 95 +50