HomeMy WebLinkAbout10309ORDINANCE NO. 10309
AN ORDINANCE APPROVING A DEPOSIT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND SKY CREEK HOMES, LTD, LLC, A
COLORADO LIMITED LIABILITY COMPANY, RELATED TO
THE INSTALLATION AND CONSTRUCTION OF
REQUIRED PUBLIC IMPROVEMENTS WITHIN SETTLERS
VILLAGE FILING FIVE SUBDIVISION AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Deposit Agreement between the City of Pueblo, a Municipal Corporation and
Sky Creek Homes, Ltd., LLC., a Colorado Limited Liability Company, a copy of which is
attached hereto, having been approved as to form by the City of Pueblo Attorney, is
hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Deposit Agreement in the
name of the City of Pueblo, and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 3.
The officers of the City are authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 11, 2022 .
Final adoption of Ordinance by City Council on October 24, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on October 27, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk's Office Item # R6
Background Paper for Proposed
Ordinance
October 11, 2022
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A DEPOSIT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SKY
CREEK HOMES, LTD, LLC, A COLORADO LIMITED LIABILITY
COMPANY, RELATED TO THE INSTALLATION AND CONSTRUCTION
OF REQUIRED PUBLIC IMPROVEMENTS WITHIN SETTLERS
VILLAGE FILING FIVE SUBDIVISION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
SUMMARY:
The Ordinance will approve a deposit agreement with Sky Creek Homes, Ltd., LLC., a
Colorado Limited Liability Company (“Sky Creek”) which allows it to defer the
construction and installation of specified public improvements within the subdivision for
up to a year from the date of its first building permit application within the Phase 2 area
of the subdivision.
PREVIOUS COUNCIL ACTION:
The Settlers Village Subdivision plat was approved by City Council under Ordinance
No. 7461 on April 24, 2006.
BACKGROUND:
The developer of the Settlers Village Filing Five Subdivision is required to construct a
321-foot segment of Nolan Trace, a mixed-use collector roadway along the southern
boundary of the Settlers Village Filing Five Subdivision under the current Subdivision
Improvements Agreement. The phasing of construction of for public improvements in
the subdivision is specified in a Phasing Modification Agreement dated February 6,
2020, and recorded with the Pueblo County Clerk and Recorder’s Office under
reception number 2170261.
The segment of Nolan Trace described above is tied to Phase 2 of the subdivision. If
constructed at this time, this segment will not provide any transportation network
connectivity until other roadway segments are constructed when adjacent properties
are developed. Rather than constructing and maintaining a roadway segment that will
not serve any immediate public interest or need, the Public Works Director has agreed
to accept a deposit in lieu of installing the improvements at this time in accordance with
the terms and conditions outlined in the Subdivision Improvements Agreement.
At the time the road segment is required to facilitate transportation network connectivity
or when an appropriate opportunity arises to construct the roadway, the City of Pueblo
will be able to use the deposit to cause the required improvements to be constructed.
Alternatively, the developer may also elect to construct the improvements and request
a refund of the deposit.
After estimating the value of the remaining unfinished improvements, a total deposit of
$68,955 is required as a guarantee that the required work will be completed.
FINANCIAL IMPLICATIONS:
Sky Creek Homes will provide a deposit of $68,955 as its guaranty that the required
public improvements in the Settlers Village Filing Five Subdivision will be installed.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to approve this agreement will require the developer to construct improvements
that are not in the public interest at this time.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Deposit Agreement - Settlers Village Filing 5 - v5 (220927)
DEPOSIT AGREEMENT
THIS AGREEMENT. made and entered into this day of October. 2022 by and between the
CITY OF PUEBLO. a Municipal Corporation. hereinafter referred to as -City". and SKY
CREEK HOMES. LTD. LLC a Colorado limited liability company. hereinafter referred to as
-Subdivider".
WITNESSETH:
WHEREAS. Subdivider is the owner and or developer of Block 1. Lots 1-9: Block 2.
Lots 1-8: Block 3. Lots 1-10; and Block 4. Lots 1-9; and Block 5. Lots 1-9 ("Subdivider's Lots")
located within the Settler's Village Filing No. 5 Subdivision, City of Pueblo. Colorado and
legally described as set forth in Exhibit "A", which is attached hereto and incorporated herein:
and
WHEREAS. Subdivider is required. pursuant to Section 12-4-7(j) of the Code of
Ordinances of the City, to construct certain public improvements including those set forth in
Exhibit "B". which is attached hereto and incorporated herein: and
WHEREAS. Subdivider's predecessor-in-interest, Horizon Communities. Inc.. and City
entered into a Subdivision Improvements Agreement dated March 27. 2007 which requires
Subdivider to construct and install at its sole cost all required public improvements within a
specified timeframe; and
WHEREAS. Paragraph 2 of the Subdivision Improvements Agreement requires that the
Subdividers or any subsequent owner of the land or any portion thereof shall deposit cash or
other collateral if said improvements are not installed within the specified timeframe; and
WHEREAS. Subdivider agrees that the estimate of the City Director of Public Works to
construct and install improvements necessary to satisfy Paragraph 2 of the Subdivision
Improvement Agreement with respect to Subdivider's Lots is reasonable; and
WHEREAS. Subdivider agrees to establish a Deposit Account with the City to guarantee
payment of the costs of installation and construction of said public improvements according to
City's Subdivision Regulations and the Subdivision Improvement Agreement:
NOW THEREFORE. in consideration of the foregoing and mutual covenants contained
herein, the City and Subdivider agree as follows:
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Subdivider agrees:
1. To deposit with the City Director of Finance $68,955.00 being an amount equal to the
estimate of the public improvements necessary to satisfy Paragraph 2 of the
Subdivision Improvement Agreement with respect to Subdivider's Lots and the City
Subdivision Regulations. Such estimate and improvements are set forth in Exhibit
"B",which is attached hereto and incorporated herein. It is agreed that interest, if any,
which may accrue on such funds shall be paid to the City as an administrative fee in
maintaining and administering this Agreement and such deposit.
2. To install the required public improvements in said Subdivision as described in
Exhibit"B".
3. That the funds deposited by Subdivider shall be held by the City in a non-interest-
bearing Deposit Account to be established by the Director of Finance who may
disburse said funds only as herein provided. The Director of Finance shall release
from said Deposit Account and pay out therefrom only such deposited funds as
directed in writing by the Director of Public Works. Funds deposited with the
Director of Finance may be withdrawn at the discretion of the Director of Public
Works upon written request to the Director of Finance.
4. When Subdivider completes all or a portion of the improvements described in Exhibit
"B", Subdivider may apply to the City for a partial or full release of the deposited
funds and, upon written notice of the City's Director of Public Works to the Director
of Finance, the Director of Finance shall release said funds to the Subdivider as
directed by the Director of Public Works.
5. In the event that Subdivider fails to install all or any part of the required public
improvements described in Exhibit"B" on or before one (1)year from the date of
application for the first building permit issued on any of the Subdivider's Lots,the
Director of Public Works may,upon written notice to the Director of Finance,
withdraw the deposited funds to complete all or any part of the said improvements.
II. City agrees:
6. To have the Director of Public Works or his designee periodically inspect said
improvements while under construction and inspect completed improvements within
a reasonable time after receiving written notice that the improvement has been
completed. The Director of Public Works shall notify Subdivider within 10 days after
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inspection of the required public improvements if the same are satisfactorily
completed and approved by the City and if so satisfactorily completed and approved,
the Director of Public Works shall authorize a partial release and payment of said
escrowed funds to be made to Subdivider in an amount determined by the Director of
Public Works based on the percentage of improvements completed and approved.
III. City and Subdivider agree:
7. That this Deposit Agreement shall constitute full satisfaction of the covenants set
forth in Paragraph 2 of the Subdivision Improvement Agreement with respect to
Subdivider's Lots only. Nothing contained herein is intended to be, relied upon or
otherwise act as an amendment of the Subdivision Improvement Agreement.
(SIGNATURE PAGE FOLLOWS)
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CITY OF PUEBLO
By:
1-2(saAtjetada
Nicholas A. Gradisar. Mayor
Subscribed and sworn to before me this 026 day of 4 . 1022.
My commission expires: /6A 20Z 3
ET ! 1O
e Tracey Sample
NOARYTATE MISSION EXPIRES 1011012023
Notary Public
Approved as to form.
• [ --cory'ea...4).<,__
City Attorney
SKY CREEK HOMES. LTD. LLC
By:
Subscribed and sworn to before me this day of . 2022.
My commission expires:
Notary Public
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CITY OF PUEBLO
By:
Nicholas A. Gradisar, Mayor
Subscribed and sworn to before me this day of , 2022.
My commission expires:
Notary Public
Approved as to form.
City Attorney
SKY CREEK HOMES, LTD, LLC
BY:
Subscribed and sworn to before me this ,; day of Sep ten- v , 2022.
My commission expires: [0/L2/:2(1.2(
,r� 1� 641,C7K )
NICHOLE BROOKANN FOXHOVEN
I NOTARY PUBLIC-STATE OF COLORADO Notary 'ublic
0 NOTARY ID 20164037861
MY COMMISSION EXPIRES OCT 12,2024
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EXHIBIT "A"
LEGAL DESCRIPTION- SETTLERS VILLAGE,FILING NO. 5
A parcel of land located in the NW '/4 of the NE '/4 and the NE 1/4 of the NE 1/4 and the SW 1/4 of
the NE '/4 of Section 22, Township 21 South, Range 65 West of the 6th P.M. in the County of
Pueblo and State of Colorado and being more particularly described as follows:
Considering the North line of Section 22, Township 21 South, Range 65 West of the 6th P.M.to
bear N. 89°40'00" E., and all bearings contained herein being relative thereto.
Beginning at a point from which the NE corner of said Section 22 bears N. 58°42'58" E., a
distance of 1490.65 feet, said point also being the SE corner of Lot 5, Block 6, in Settlers
Village, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No.
1572897 in the Pueblo County records and also being on the Westerly boundary line of Settlers
Village, Filing No. 4 according to the recorded plat thereof as filed for record at Reception No.
1161187 in the Pueblo County records; thence along the Westerly boundary line of said Settlers
Village, Filing No. 4 the following four(4) courses:
1. S. 00°00'00" W., a distance of 70.69 feet;
2. N. 83°12'20" E., a distance of 117.57 feet;
3. S. 06°47'40" E., a distance of 127.50 feet;
4. N. 84°08'24" E., a distance of 60.00 feet;
thence S., 06°47'40" E., a distance of 118.05 feet; thence S. 83°12'20" W., a distance of 60.00
feet; thence N. 06°47'40" W.,a distance of 4.03 feet; thence S. 85°19'31" W., a distance of
132.67 feet;thence S 83°27'21" W., a distance of 295.66 feet; thence S. 14°50'32" W., a distance
of 128.10 feet; thence S. 03°10'38" E., a distance of 60.00 feet; thence S. 01 °20'34" E., a
distance of 234.06 feet; thence S. 02°02'47" w., a distance of 263.59 feet; thence S. 04°20'49" E.,
a distance of 77.71 feet;thence S. 07°03'15" E., a distance of 80.00 feet; thence S. 82°56'45" W.,
a distance of 321.29 feet; thence N. 07°03'15" W., a distance of 150.00 feet; thence N. 07°30'32"
E., a distance of 263.05 feet; thence N. 03°31'42" E., a distance of 185.70 feet; thence N.
03°09'25" W., a distance of 70.68 feet; thence S. 78°03'28" W., a distance of 6.86 feet; thence N.
11 °56'32" W., a distance of 174.15 feet to a point on the Southerly boundary line of said Settlers
Village, Filing No. 3; thence along the Southerly boundary line of said Settlers Village, Filing
No. 3 the following seven (7)courses:
1. N. 52°10'29" E., a distance of 5.56 feet;
2. N. 31 °48'46" E., 139.13 feet;
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3. N. 13°44'48" E., a distance of 168.64 feet;
4. N. 03°26'18" w., a distance of 144.35 feet;
5. N. 84°30'10" E., a distance of 288.52 feet;
6. S. 00°00'00" W., a distance of 72.13 feet;
7. S. 90°00'00" E., a distance of 240.00 feet to the Point of Beginning;
Containing 11.47 acres, more or less.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5TH STREET
PUEBLO, CO 81003
JANUARY 18, 2006
JN 96 105 29
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SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B"
SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5
JN 9610529
DEVELOPER: HORIZON COMMUNITIES, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
NOLAN TRACE
STREETS
5.5" Asphalt over 11" Base Course 1500 SY @ $29.75 /SY = $44,625
Curb and Gutter 640 LF@ $12.00/LF = $7,680
WATER
8" PVC Water Main 320 LF@ $47.50/LF = $15,200
STREET LIGHT 1 EA @ $1,450.00/EA= $1,450
SUBTOTAL $68,955
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