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HomeMy WebLinkAbout09108Reception 2085829 10/20/2017 01:21:15 PM ORDINANCE NO. 9108 AN ORDINANCE APPROVING THE OUTLOOK RIDGE SUBDIVISION, FILING NO 2 PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Outlook Ridge Subdivision, Filing No. 2, being a subdivision of land legally described as: All of Lots 1 and 2, Block 1 in Outlook Ridge Subdivision, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1876813 in the Pueblo County Records. Containing 12.35 acres, more or less attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 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. 2085829 ORD 10/20/2017 01:21:15 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co SECTION 4. VIII PVC irr:I* 14111S N 1 1..' 1111 1 i' 11111 The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 5. 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 (1) 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. 4033".COL ° ► , ° INTRODUCED March 13, 2017 I U ///?1,// bAL b BY: Ed Brown 40VDEV 000;; • • • APPROVED: _/'' " P' DENT OF CITY COUNCIL ATTESTED BY:\...(_ rtC'.lt C-GU Yvt .; 1.tpc tai CITY CLERK PASSED AND APPROVED: March 27. 2017 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: March 13, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE OUTLOOK RIDGE SUBDIVISION, FILING NO 2 PLAT SUMMARY: This Ordinance will resubdivide the two subject parcels into two (2) legally subdivided lots, containing approximately 17 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the northeast corner of Ridge Drive and Outlook Boulevard. The applicant is proposing to resubdivide the two subject lots, totaling 17.34 acres, into changed building sites to allow for an expansion of the apartment project on Lot 1. Currently, several apartment buildings have been constructed on Lot 1, in Outlook Ridge Subdivision, Filing 1. The lot line between Lots 1 and 2, Outlook Ridge Filing No. 1 will be moved to accommodate additional apartment buildings on Lot 1. Typically, a lot line rearrangement would be utilized to facilitate the changed building lots; however, lot line rearrangements are only permitted for less than 5 acres. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of the lots will require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their July 13, 2016 Regular Meeting, voted 6-0 (Lujan-Slak absent) to recommend approval with the following condition: (Unless otherwise noted, all conditions of approval must be completed prior to the case being scheduled for City Council hearing.) 1. Comply with the requirements contained within the attached memo from Melanie Turner, Stormwater Department, dated June 29, 2016. The condition of approval has been complied with by the applicant. The applicant has requested to revise the number of lots from two (2) to three (3) lots due to funding of the project. The Planning and Zoning Commission, at their February 22, 2017 meeting, voted 5-0 to approve the modification of the subdivision plat. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the current subdivision would remain and would impede the applicant’s ability to develop the property. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission July 13, 2016 Public Hearing Minutes of the Planning and Zoning Commission February 22, 2017 Public Meeting Memorandum from the Department of Public Works Dated September 28, 2016 Planning and Zoning Commission Staff Report with Exhibits Reception 2085831 10/20/2017 01:21:15 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Scere"vwl- 9 , Zo 11- , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Outlook Ridge Apartments, LLC,a Colorado limited liability company,Manager: Ridgegate at Pueblo, LLC,it's Sole Member a Colorado 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.2 ("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 2085831 AGREE 10/20/2017 01 :21:15 PM Page: 2 of 10 R 58.00 D 0.00 T 58.00 • Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III kir1iffi'ir1121170i1j,l1111111w' G IVAMIll III 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". 3. 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. 4. 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 less than the estimate of the 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. 5. In the event the Subdivider or any subsequent owner of the 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 build 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. DPW 101 2 May 2009 2085831 AGREE 10/20/2017 01:21:15 PM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co 1111 14!�� ,�I��, � �,���GI�4��' ���Y��'h 11 11 1 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 orw 101 3 May 2009 2085831 AGREE 10/20/2017 01:21 :15 PM Page: 4 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co 11111 rdligiViii014 1i+INVIiMillilli11'1h4'�1i411111 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 2085831 AGREE 10/20/2017 01:21:15 PM Page: 5 of 10 R 58.00 D 0.00 T 58.00 . Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 I0F.rlrili '.1iti IriCHIO����K INIIIMNi, 11111 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 any 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 2085831 AGREE 10/20/2017 01:21:15 PM Page: 6 10 R 58. 58.00 Gilbert Ortiz Clerk/Recorder00D 0, Pue.00bloT County, Co uvvI 1 �i'.��hti<�i��'I1' I�,ti'�hYr1h 1■ I �i II 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 :e executed and attested by its duly authorized and acting officer. a -- sub;tvi' (SEAL) By: Roger H.Fonda,Member By: Ridgegate at Pueblo,LLC,a Colorado limited liability company The foregoing instrument was acknowledged before me on September 19 2017 , by Roger H. Fonda as Manager , Subdivider. My commission expires: 6/3/2019 SHARON T. JOHNSON Sharon T. Johnson Notary( blic NOTARY PUBLIC rY STATE OF COLORADO NOTARY ID# 19994015791 MY COMMISSION EXPIRES JUNE 03 2019 CITY I ' ;I_I, • ipal Corporation i. 04e President of City Council AT ST: c City 10,erk • -� 'moo // STATE OF COLORADO ) , ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a1 day of r7 by 6k-Pile-v1 nalora-L , as President of City Council, and as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 • • expires: STATE off,3LIC S . NARY I .a •:93e016940Nota Public ISSION EX ALES DECEMBER 20 UV APPROVED AS TO FORM: ,�. 1<'10 142-e City Attorney 2085831 AGREE 10/20/2017 01:21 :15 PM Page: 7 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co •iii r1inliii.iNVI 'ii1171,1 f 1IVIIIIK'11I114'141 DPW 101 7 May 2009 EXHIBIT A OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 LAND DESCRIPTION All of Lots 1 and 2, Block 1 in Outlook Ridge Subdivision, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1876813 in the Pueblo County Records. Containing 12.35 acres, more or less. 2085831 AGREE 10/20/2017 01:21:15 PM Page: 8 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III kl���'4�F'r��G4�itif��'R��iti1l���:��'��R:��k�'��ti� 11111 2085831 AGREE 10/20/2017 01:21:15 PM Page: 9 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co ■III kilid Il1 k�i'MINNI UIri kgrai'!gillAiliki lI III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 JN 9502629 DEVELOPER: OUTLOOK RIDGE APARTMENTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. RIDGE DRIVE (Phase 21 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 @ $3.00 /SF $15,570 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 $184,870 2085831 AGREE 10/20/2017 01:21:15 PM Page: 10 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, co VIII FM Iii OiIiih'RITMI4G01.P.7.G,411/21r'tillyi, 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 JN 9502629 DEVELOPER: OUTLOOK RIDGE APARTMENTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $184,870 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. ff r 1 •• •• Ili f S L -4S j Pr fe& neer Date f • ' 1201 -�°c; % 1 , 7,22/1-4- .@// REVI��N'i E - I IA_ - City of -ueblo Reception 2085832 10/20/2017 01:21:15 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Swr ,nauz 11, z.oC4 , Subdivision Improvements Agreement for Outlook Ridge Subdivision, Filing No. 2 (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 September 19, 2017 Outlook Ridge Apartments, LLC, a Colorado limited liability company, Manager: Ridgegate at Pueblo, LLC, it's Sole Member, a Colorado limited liability company Subdivider DPW 103 1/6/04 • -By / / Al Roger . Fonda, Member Ridgegate at Pueblo, LLC, a By Colorado limited liability company STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 19th day of September ,2017 , by Roger H. Fonda, Manager , Subdivider. Witness my hand and official seal. My commission expires: 6/3/2017 SHARON T. JOHNSON __). n �x2����_ NOTARY PUBLIC i )1,l i" t/ �__ STATE OF COLORADO [ SEAL ] MY COMM SSION EXPIRES JUNE 03.2019 Notary Public Sharon T. Johnson CITY OF PUEBLO, a ►' • .. . .ora ar L � �G By .. /�'�i,r n ,,'Y Presi•ent of the Council ti + S? \�, 1 U s\�53;ti ";;',� ;;fix ,,pntw rryC..:/ ,,,a, 4 . E „ e°,,,,.„..,...=---. � a 44...09 2085832 ADD_AG 10/20/2017 01:21:15 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County; Co 11111 kirdr��Llrb'i ,fil igFN.w:h Pill',MO NI VWit',iiii. III III DPW 103 1/6/04 2085832 ADD_PG 10/20/2017 01:21:15 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co • • ■iii�!rdrz ficlicoiriiM�� rifer ,viAll,), 11111 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: Lots 1 and 2 in Block 1 (b) Phase II shall consist of the following lots within the Subdivision: Lot 3 in Block 1 DPW 103 1/6/04 Reception 2085833 10/20/2017 01:21:15 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on 4,1„0....,2,4, 14 2 , 20 la— , between the CITY OF PUEBLO, a Municipal C rporation ("City"), and Outlook Ridge Pueblo,LLC,a Colorado limited liability company,Manager:Hampton Project Management,LLC, a Colorado 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.2 ("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 2085833 AGREE 10/20/2017 01:21:15 PM Page: 2 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co VIII k!r rl� N gei��'riii'�I,RMr,'fi�i f���� ��R�,i��M���i�ti�h 11111 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". 3. 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. 4. 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 less than the estimate of the 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. 5. In the event the Subdivider or any subsequent owner of the 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 build 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. DPW 101 2 May 2009 2085833 AGREE 10/20/2017 01:21:15 PM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo Co 11111 RIlid 1,I���J�;W.MIMI�h�111111 Xi Mill&141 11)11 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 2085833 AGREE 10/20/2017 01:21:15 PM Page: 4 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co 11111 E1raI PA 11,641'44:11FILCUrriF iird i 1,4.Ylyh 111111 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 2085833 AGREE 10/20/2017 01:21:15 PM • Page: 5 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 Firanniffi.14,1 0M",11'eltiEt ISM IA 11111 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 any 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 2085833 AGREE 10/20/2017 01:21:15 PM Page: 6 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 FRIVIIiiliti,140,',10h.',1,1140,1111110ii YU, 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 - - • -a and •ttested by its duly authorized and acting officer. .— / Sub hider (SEAL) By Jeffrey Robinson,Manager By:Hampton Project Management,LLC,a Colorado limited liability company The foregoing instrument was ack o ledged before me on I ° 001-1 , by , Subdivider. My commission expires: 6 1 s jaL..O / / CARYN R. OPPERMAN Notary Public NOTARY PUBUC STATE OF COLORADO p4 4�'Pya :1 Corporation NOTARY ID 19894018141 ► /►� My Commission Expires May 3,2020 {I. . !1Ir � ---"'� cKr 1b f 'resi ent of City Council A ST. rt.," � • .,jJ rnTo", • r • i City erk 1tM ti STATE OF COLORADO ) c�'`po ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this I') day of eektirW , aoil by ,$kphen £k . NctWroGK' , as President of City Council, and dirk, Dte. -CAU' as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 • 2085833 AGREE 10/20/2017 01:21:15 PM Page: 7 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111 E1110AM lifi .11:1.11 t.f,it 14 11111 c OA FAs: l a• ?--a • 17 NOTARY PUBLICottiittfr1/4_.) STATE OF COLORADO iserii ilL ID 19934016940 Not Public ��iIOU EXPIRES DECEMBER 20,2017 APPROVED AS TO FORM: >aya ✓.tom-t-=. City Attorney DPW 101 7 May 2009 2085833 AGREE 10/20/2017 01:21:15 PM Page: 8 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder: Pueblo County, Co 1111 Ml�� �I�,Ih��tiG .�hYrGPiIL'h'if�M:��IY�ti�h �I II I EXHIBIT A OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 LAND DESCRIPTION All of Lots 1 and 2, Block 1 in Outlook Ridge Subdivision, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1876813 in the Pueblo County Records. Containing 12.35 acres, more or less. 2085833 AGREE 10/20/2017 01:21:15 PM g Pa : 9 0 R 58. D 0 58.00 GilberteOrtofiz 1Clerk/Recor00der, Pueblo.00T County, Co R�tiW�y.Ili I+,PIM I� 1 1114il1 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 JN 9502629 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 @ $3.00/SF $15,570 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 $184,870 2085833 AGREE 10/20/2017 01:21:15 PM Page: 10 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII PAM M'idLrR'IWiV11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 JN 9502629 DEVELOPER: OUTLOOK RIDGE APARTMENTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $184,870 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. G• IEnin r Date 5,% 9/ZZA •{P• AL Professiong ee $ • 40201 ,11 9'• 9/22/'� -� R °�� •a ��,N —� l0J6�'7 City of Pueblo Reception 2085834 10/20/2017 01:21:15 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the s crt- ►' aora, Subdivision Improvements Agreement for Outlook Ridge Subdivision, Filing No. 2 (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' p I l(2,0 I Outlook Ridge Pueblo, LLC,a Colorado limited liability company, Manager: Hampton Project Management, LLC, a Colorado limited liability company Subdivider DPW 103 1/6/04 • By Jeff -y Robinson, Manager of Hampton Project By Management, LLC,a Colorado limited liability company STATE OF COLORADO ) ) ss. COUNTY OFA ) ,�y, The foregoing instrument was acknowledged before me this r'7" I day of 440/04-(.4 ,2o11 , by .1_,14/1.41 je , Subdivider. Witness my hand and official seal. My commission expires: 51 3 1.2.0 . S EnoYN R. OPPERMAN Notary ublic TARP PUBLIC STATE OF COLORADO NOTARY ID 19894018141 My Commission Expires May 3,2020 CITY OF PUEBLO I President of the Council "\ f• rt 2085834 PDD_PG 10/20/2017 01:21:15 PM Page: 2 of 3 R 23. De 0.00 T 23.00 Gilbert Ortiz C1erklRecorder00 , Pueblo County, Co VIII I 41'1.11Ari rrrcrl iii+1114, 111 II 1 DPW 103 1/6/04 2085834 ADD_AG 10/20/2017 01:21:15 PM Page: 30 3 R 23. D 0.00 Tl 230 Gilbert Ortof iz Clerk/Reco00rder. Pueblo Cou.0nty. Co 1111 Vilal�� �'1A4' NI lid 1I III 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: Lots 1 and 2 in Block 1 (b) Phase II shall consist of the following lots within the Subdivision: Lot 3 in Block 1 DPW 103 1/6/04