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HomeMy WebLinkAbout05834Reception 1027148 12/01/1993 ORDINANCE NO. 5834 AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 1 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of North Pueblo Commercial Park Filing No. 1 Subdivision being a subdivision of land legally described as follows: A parcel of land in the Southeast quarter of Section 12, and the Northeast quarter of Section 13, Township 20 South, Range 65 West 6th Principal Meridian, in the City of Pueblo Pueblo County, State of Colorado, more parti- cularly described as follows: ammencing at the north quarter corner of said Section 12 from which the northwest corner of Section 12 Bears S 89 22' 42" W; thence S. 17° 58' 55" E, a distance of 4051.58 feet to the westerly corner of that tract of land described in Book 1803 at Page 669 of the Pueblo County records, said point being the southwest corner of Fountain Park Commercial Center, a subdivi- sion recorded in Book 1813 at Page 533; said point being the point of beginning; thence run- ning along the southerly boundary of said sub- division the next four (4) courses: 1. along the arc of a curve to the right, the center of which bears S 00 16' 49" E. having a central angle of 14 16' 49 ", a radius of 450.00 feet and an arc length of 112.16 feet; 2. S 76° 00' 00" E, a distance of 110.89 feet; 3. along the arc of a curve to the left having a central angle of 16 27' 27 ", a radius of 550.00 feet and an arc length of 157.98 feet; 4. N 87° 32' 33" E, a distance of 554.49 feet; to the southeast corner of said subdivision; thence S 02° 28' 05" E, a distance of 1284.53 feet to the south line of the southeast quarter of said Section 12; thence S. 88° 17' 04" W along said south line, a distance of 545.30 feet; thence along the arc of a non - tangent curve to the right Book: 2697 Page: 236 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. the center of which bears N 27 51' 17" W, having a central angle of 26° 08' 21 ", a radius of 440.00 feet and an arc length of 200.73 feet; thence S 88° 17' 04" W., a dis- tance of 100.00 feet; thence along the arc of a curve to the left having a central angle of 70° 27' 27 ", a radius of 360.00 feet and an arc length of 442.70 feet to the easterly right -of -way line of Interstate Highway No. 25; thence N 04 18' 36" W along said easterly right - of -way line, a distance of 284.87 feet to its intersection with the south line of said south- east quarter of Section 12, said point lying N 88° 17' 04" E, a distance of 815.85 feet from the southwest corner of the southeast one - quarter of Section 12; thence continuing along said easterly right -of -way line the next two (2) courses: 1. N 04° 48' 53" E, a distance of 1300.30 feet; 2. N 60 12' 38" E, a distance of 111.80 feet; to the point of beginning containing 1,484,603 square feet or 34.08 acres, more or less, 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 1971 Code of Ordinances, as amended and any agree- ment entered into pursuant thereto. -2- Book: 2697 Page: 237 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED October 25 , 1993 By JOHN CALIFANO Councilperson �t�L�•�Q APPROVED '� co Pre s ' ent of t e Council hATmSfi:' ���Mr e.AY'•�y •• MIC Reception 1027149 12/01/1993 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this t � =_ day of NO vf-M yf R 199, b y and between the CITY OF PUEBLO a Muni i al CC oration, hereinafter referred to as "City", and WAL -MART STORES, INC., !� DELAW C8'. y hereinafter referred to as "Subdivider". WITNESSETH: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein; and WHEREAS, the Subdivider, as a condition of approval of the final plat of NORTH PUEBLO COMMERCIAL PARK, FI L . NO. 1 Subdivision, wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements as set forth in Exhibit "B", which is attached hereto and incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for the construction and completion of the required public improvements set forth in Exhibit "B ". NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after application 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 is sooner, to construct and install at his sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and incorporated herein. 2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, 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 for completion of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Pub* 'Works by estimating the total costs of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate plus the costs of extending all required sewer and water lines from the 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 nearer to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000') 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 improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, Subdivider shall undertake to provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade said streets so that no through traffic shall be permitted beyond the point to which the estimate of the 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 is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the Director of Public Works for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. -1- Book: 2697 Page: 239 Chris C. Munoz Page: 2 of 6 Pueblo Co.Clk. &Rec. 5. The City may treat the amount of such deposit as a debt due the City from 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 herein are cumulative and the use of one shall not prohibit the use of another. 6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building site from the terms of this Agreement. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of occupancy are sought and which are covered by a particular certificate of compliance, have been properly designed, engineered, constructed, and accepted as meeting the specifications and standards of the City. These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend to and be binding upon the heirs, executors, legal representatives, successors and assigns of 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, park, and other public improvements for maintenance by the City. Until such roads and other park and 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, park and other public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within this Subdivision. 9. The required time for completion of all such 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 such improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Subdivider relating to such improvements within such block to be released. If said 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 complete the same. If sufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of the improvements the Director of Public Works shall determine. Until all improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible therefor. 10. For purposes of this Agreement, the word "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. 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 any and all encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 12. It is mutually agreed that the City or any 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 thereto. 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. 13. The parties hereto mutually agree that this Agreement may be amended from time to time by mutual consent provided that such amendment be in writing and be signed by all parties hereto. 14. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, administrators, executors, successors, assigns, and legal representatives of Subdivider, and shall be placed on record 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 hereinabove set forth. -2- Book: 2697 Page: 240 Chris C. Munoz Page: 3 of 6 Pueblo Co.Clk. &Rec. 15. The City agrees to grant subdivider a temporary Certificate of Occupancy should the subdivider fail to complete the improvements within the time frames provided herein. However, the temporary Certificate of Occupancy is conditioned upon the following requirements: 1). Subdivider,subject to force majuere, is diligently pursuing the completion of such improvments; 2). Failure to complete said improvements does not create an unsafe condition; 3). Subdivider has provided financial guanantees, adequate to the City, to insure completion of improvements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly authorized and acting officers and the seal of the Subdivider set hereon. (SEAL) STATE OF ARKANSAS) ) ss. COUNTY OF BENTON ) Wal —Mart Store c , a elaware Corp. Subdivider By Asst. Vice President of The foregoing instrument was acknowledged before me this 23rs1day ` •; n. : toate w V of .7u1 Y , 1993 , by Michael R. Nelson Subdivider. NU commission expires A. r ++ MTrCQT r' d \ d� e� CITY OF PUEBLO, a Municipal Corporation By S� /'� j�� resident of the Council eek STA7� O) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me thisa day of 199 43 , y , as President of City Counci), zind as City Clerk of City of Pueblo, Colorado. ` = I�yOc'b rA b e3cpires: • pu /,•�T� O,p 4 p�!lplµ /N / APPROVED AS TO FORM: City At�s-ney December 30, 2002 r; , Y N t Public Address: 701 S. Walton Blvd. Bentonville, AR 72712 Add�res s: F/".3 -3- Book: 2697 Page: 241 Chris C. Munoz Page: 4 of 6 Pueblo Co.Clk. &Rec. EXHIBIT "A" "NORTH PUEBLO COMMERCIAL PARK FILING NO.1" A PART OF THE SOUTHEAST QUARTER OF SECTION 12, AND THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH PRINCIPAL MERIDIAN, IN THE CITY OF PUEBLO, PUEBLO COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12 FROM WHICH THE NORTHWEST CORNER OF SECTION 12 BEARS S 89 022'42" W; THENCE S 17 0 58'55" E, A DISTANCE OF 4051.58 FEET TO THE WESTERLY CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1803 AT PAGE 669 OF THE PUEBLO COUNTY RECORDS, SAID POINT BEING THE SOUTHWEST CORNER OF FOUNTAIN PARK COMMERCIAL CENTER, A SUBDIVISION RECORDED IN BOOK 1813 AT PAGE 533; SAID POINT BEING THE POINT OF BEGINNING; THENCE RUNNING ALONG THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION THE NEXT FOUR (4) COURSES: 1. ALONG THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS S 00016'49" E, HAVING A CENTRAL ANGLE OF 14 A RADIUS OF 450.00 FEET AND AN ARC LENGTH OF 112.16 FEET; 2. S 76 0 00'00 "E, A DISTANCE OF 110.89 FEET; 3. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16 0 27'27 ", A RADIUS OF 550.00 FEET AND AN ARC LENGTH OF 157.98 FEET; 4. N 87 0 32'33" E, A DISTANCE OF 554.49 FEET; TO THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE S 02 0 28'05" E, A DISTANCE OF 1284.53 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE S 88 W ALONG SAID SOUTH LINE, A DISTANCE OF 545.30 FEET; THENCE ALONG THE ARC OF A NON - TANGENT CURVE TO THE RIGHT THE CENTER OF WHICH BEARS N 27 0 51'17" W, HAVING A CENTRAL ANGLE OF 26 0 08'21 ", A RADIUS OF 440.00 FEET AND AN ARC LENGTH OF 200.73 FEET; THENCE S 88 0 17'04" W, A DISTANCE OF 100.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 70 0 27'27 ", A RADIUS OF 360.00 FEET AND AN ARC LENGTH OF 442.70 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 25; THENCE N 04 W ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 284.87 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 12, SAID POINT LYING N 88017'04" E, A DISTANCE OF 815.85 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF SECTION 12; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY LINE THE NEXT TWO (2) COURSES: 1. N 04 0 48'53" E, A DISTANCE OF 1300.30 FEET; 2. N 60 012'38" E, A DISTANCE OF 111.80 FEET TO THE POINT OF BEGINNING CONTAINING 1,484,603 SQUARE FEET OR 34.08 ACRES, MORE OR LESS. Book: 2697 Page: 242 Chris C. Munoz Page: 5 of 6 Pueblo Co.Clk. &Rec. EXHIBIT "B" IMPROVEMENTS SUBDIVISION NAME: "North Pueblo Commercial Park FilingNo. 1" DEVELOPER: Wal -Mart Stores, Inc. ENGINEER: Colorado Land Consultants, Inc. Streets A. EAGLERIDGE BLVD. (EXISTING) 8' Concrete Cross Pans (7 "): 1,200 SF @ 2.00 /SF $2,400.00 Monument Boxes: 6 EA @ 450.00 /EA $2,700.00 Street Lights: 2 EA @ 1,000.00 /EA $2,000.00 Street Signs: 1 EA @ 125.00/EA $125.00 Traffic Signs: 3 EA @ 200.00 /EA $ 600.00 SUBTOTAL $7,825.00 B. WAREHOUSE DRIVE (54' FLOWLINE/TRANSITION) 6" Std. Curb and Gutter: 825 LF @ 7.00 /1-F $5,775.00 Paving: (11" asphalt): 2,000 SY @ 18.00 /SY $36,000.00 6' Sidewalk: 800 LF @ 12.00 /1-F $9,600.00 Monument Boxes: 3 EA @ 450.00 /EA $1,350.00 Street Lights: 2 EA @ 1,000.00 /EA $2,000.00 WAREHOUSE DRIVE (44' FLOWLINE) 6" Std. Curb and Gutter: 4,000 LF @ 7.00 /LF $28,000.00 Paving (11" asphalt): 9,500 SY @ 18.00 /SY $171,000.00 6' Sidewalk: 3,100 LF @ 12.00 /1-F $37,200.00 Monument Boxes: 5 EA @ 450.00 /EA $2,250.00 Street Lights: 6 EA @ 1,000.00 /EA $6,000.00 Street Signs: 1 EA @ 125.00/EA $125.00 Traffic Signs: 4 EA @ 200.00 /EA 800.00 SUBTOTAL $300,100.00 SANITARY SEWER 8" Main: 145 LF @ 20.00 /1-F $2,900.00 Manholes: 1 EA @ 2,000.00 /EA $2,000.00 6" Service: 500 LF @ 15.00 /LF $7,500.00 Cleanouts & Connections: 1 LS @ 2,000.00 $2,000.00 Adjust Existing MH Rims: 4 EA @ 500.00/EA $2,000.00 SUBTOTAL $16,400.00 WATER 12" Main: 1,500 LF @ 23.00 /1-F $34,500.00 Fire Hydrant Assembly: 3 EA @ 1,500.00 /EA $4,500.00 Permanent Blow Off: 2 EA @ 1,000.00 /EA $2,000.00 3" Service & Meter: 1 LS @ 2,000.00 $2,000.00 12" Gate Valve: 4 EA @ 800.00 /EA $3,200.00 12" x 8" Tee: 2 EA @ 400.00 /EA $800.00 8" Fireline Tap: 1 LS @ 1,000.00 $1,000.00 12" Wet Tap: 1 LS @ 2,000.00 $2,000.00 16" Wet Tap: 1 LS @ 3,000.00 $3,000.00 1" Service Stubs: 3 EA @ 500.00 /EA $1,500.00 SUBTOTAL $54,500.00 Book: 2697 Page: 243 Chris C. Munoz Page: 6 of 6 Pueblo Co.Clk. &Rec. STORM SEWER 6'x 4' Box Culvert: 225 LF @ 150.00 /LF Wingwalls: 4 EA @ 600.00 /EA 43" x 68" HERCP: 350 LF @ 64.00 /LF 30" RCP: 190 LF @ 36.00 /1-F 24" RCP: 45 LF @ 32.00 /LF Type "S" Inlets (15'): 2 EA @ 3,000.00 /EA Std. Manhole: 2 EA @ 2,000.00 /EA Rip -Rap Channel: 1,160 LF @ 60.00 /LF Detention Pond Outlet Structure: 1 EA @ 2,500.00 /EA Grass Lined Channel: 250 LF @ 20.00 /LF $33,750.00 $2,400.00 $22,400.00 $6,840.00 $1,440.00 $6,000.00 $4,000.00 $69,600.00 $2,500.00 5.000.00 SUBTOTAL EARTHWORK 5,000 CY @ 1.50 /CY BARRICADE /TRAFFIC CONTROL LS @ 1,000.00 EROSION CONTROL LS @ 2,000.00 UTILITY RELOCATIONS $153,930.00 $7,500.00 $1,000.00 $2,000.00 $0.00 Note: Powerlines to be relocated by Westplains Energy and reimbursed through Rate Agreement. Approximate Cost: $26,000.00 SUBTOTAL $10,500.00 GRAND T IAL: $543,255.00 PREPARED BY: Alex FIRM: Colorado Land Con REVIEWED BY: City Date /0l� 7I.3 Date Reception 1027150 12/01/1993 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR NORTH PUEBLO COMMERCIAL PARK, FILING NO. 1 THIS AGREEMENT is made on NtV5-Mti -1- � , 1993, between WAL -MART STORES, INC. ( "Subdivider ") and PUEBLO, a municipal corporation ( "City"). WHEREAS, City is a body politic of the State of Colorado; and WHEREAS, Subdivider is a Delaware corporation organized to operate retail outlets, including Sam's Club, across the United States; and WHEREAS, City has a responsibility to its residents to provide for the safe and efficient movement of vehicular traffic throughout the City; and WHEREAS, the operation of a Sam's Club retail store in the City at approximately Interstate 25 and Eagleridge Blvd., may add additional traffic to the existing and planned traffic volumes along Eagleridge; and WHEREAS, City and Subdivider have executed a Subdivision Improvements Agreement for North Commercial Park Filing No. 1 ( "Agreement ") and now desire to amend the Agreement to describe each party's respective obligations in the event a traffic signal at Eagleridge and Warehouse Drive, or at Eagleridge and the north and south bound ramps at 1 -25, or both, become necessary. NOW, THEREFORE, in consideration of the above and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: If and when standard signal volume warrants are met at the intersection of Eagleridge Blvd. and Warehouse Drive and /or Eagleridge Blvd. and the north and south bound 1 -25 ramps, Subdivider shall contribute its pro -rata share of the cost of the traffic signal. The "cost" is determined to be thirty percent (30 %) of the actual engineering and construction costs of the warranted signal at Eagleridge Boulevard and Warehouse Drive and fifteen percent (15 %) at each of the north and south bound ramp intersections with Eagleridge Boulevard based on the following conditions: a. City shall request payment for the warranted signal in writing to Subdivider. The request will include a signal warrant or similar analysis for the designated intersection(s) and an estimate of construction costs associated with the signalization(s). b. Upon receipt of the payment request, Subdivider will pay when and as directed by the City the applicable percentage of the total estimated engineering and construction costs. C. If, after completion of the signalization by the Colorado Department of Transportation or the City, the actual cost is less than the estimate costs, the applicable percentage of the excess funds will be returned to Subdivider within thirty days of the project audit. If the payment made by Subdivider is insufficient, Subdivider shall have 30 days upon receipt of a supplemental payment request to pay the balance of its pro -rata share. d. Nothing in this Agreement shall require the Subdivider to construct, operate or maintain the required signal(s). 2. This Addendum shall be incorporated and become a part of the Subdivision Improvements Agreement for North Pueblo Commercial Park, Filin o. 1, recorded on �ec►tir,� e 1993, in Book 1 7 at Page , of the records of the Pueblo County Clerk and Recorder. This Addendum shall constitute a covenant running with the property, shall extend to, be binding upon and inure to the benefit of the successors and assigns of the City and Subdivider. If there is a conflict between the provisions of this Addendum and those of the Subdivision Improvements Agreement, the provisions of this Addendum shall control. 3. If any provision of this Addendum or the Subdivision Improvements Agrement is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions. Book: 2697 Page: 245 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. 4. All rights and remedies granted to or conferred upon City under this Addendum or the Subdivision Improvements Agreement shall be cumulative and in addition to any right or remedy existing at law or in equity. Neither delay nor omission by City to exercise any right or remedy shall impair any such right or remedy or constitute a waiver thereof. If litigation is commenced concerning the Subdivision Improvements Agreement or this Addendum, the prevailing party shall be entitled to reasonable attorneys' fees, expert witness fees and court costs form the other parry. SUBDIVIDER: WAL -MART STORES, INC., a Delaware Corpo atio By: Michael R. Nelson Asst. Vice President of Real Estate STATE OF ARKANSAS ) ) ss. COUNTY OF BENTON ) Subscribed and sworn to before me on Dc T l , 1993, by Michael R. Nelson, Asst. Vic ' idan�of Real Estate of Wal -Mart Stores, Inc., a Delaware Corporation. �� c�ri'1t�l�sion expires:) /" ©zD`� L7 71 r ' f'j Notary Public . r. p O 41 40 CA I City L STATE OF COLORADO 41, PUEBLO, a Municipal Corporation By: Pre S id o t of the Cou cil ) ss. sworn to before me o V a , ent of the Puet P dr ,EWo nisssio� expires: E �F APPROVED AS TO FORM: I/ I City Attorney 1993, by ' 2 Reception 1027151 12/01/1993 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR NORTH PUEBLO COMMERCIAL PARK, FILING NO. 1 THIS AGREEMENT is made on SB V i- R 1993, between WAL -MART STORES, INC. ( "Subdivider') and PUEBLO, a municipal corporation ( "City "). WHEREAS, City is a body politic of the State of Colorado; and WHEREAS, Subdivider is a Delaware corporation organized to operate retail outlets, including Sam's Club, across the United States; and WHEREAS, City has a responsibility to its residents to provide for the safe and efficient movement of vehicular traffic throughout the City; and WHEREAS, the operation of a Sam's Club retail store in the City at approximately Interstate 25 and Eagleridge Blvd., may add additional traffic to the existing and planned traffic volumes along Eagleridge; and WHEREAS, City and Subdivider have executed a Subdivision Improvements Agreement for North Commercial Park Filing No. 1 ( "Agreement ") and now desire to amend the Agreement to describe each party's respective obligations in the event a traffic signal at Eagleridge and Warehouse Drive, or at Eagleridge and the north and south bound ramps at 1 -25, or both, become necessary. NOW, THEREFORE, in consideration of the above and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: If and when standard signal volume warrants are met at the intersection of Eagleridge Blvd. and Warehouse Drive and /or Eagleridge Blvd. and the north and south bound 1 -25 ramps, Subdivider shall contribute its pro -rata share of the cost of the traffic signal. The "cost" is determined to be thirty percent (30 %) of the actual engineering and construction costs of the warranted signal at Eagleridge Boulevard and Warehouse Drive and fifteen percent (15 %) at each of the north and south bound ramp intersections with Eagleridge Boulevard based on the following conditions: a. City shall request payment for the warranted signal in writing to Subdivider. The request will include a signal warrant or similar analysis for the designated intersection(s) and an estimate of construction costs associated with the signalization(s). b. Upon receipt of the payment request, Subdivider will pay when and as directed by the City the applicable percentage of the total estimated engineering and construction costs. C. If, after completion of the signalization by the Colorado Department of Transportation or the City, the actual cost is less than the estimate costs, the applicable percentage of the excess funds will be returned to Subdivider within thirty days of the project audit. If the payment made by Subdivider is insufficient, Subdivider shall have 30 days upon receipt of a supplemental payment request to pay the balance of its pro -rata share. d. Nothing in this Agreement shall require the Subdivider to construct, operate or maintain the required signal(s). This Addendum shall be incorporated and become a part of the Subdivision Improvements Agreement for North Puebl,Q Commercial Park, Filing No. 1, recorded on _ L 1993, in Book ;� " , at Page ; 3 1 �1 - , of the records of the Pueblo County Clerk and Recorder. This Addendum shall constitute a covenant running with the property, shall extend to, be binding upon and inure to the benefit of the successors and assigns of the City and Subdivider. If there is a conflict between the provisions of this Addendum and those of the Subdivision Improvements Agreement, the provisions of this Addendum shall control. 3. If any provision of this Addendum or the Subdivision Improvements Agrement is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions. Book: 2697 Page: 247 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. 4. All rights and remedies granted to or conferred upon City under this Addendum or the Subdivision Improvements Agreement shall be cumulative and in addition to any right or remedy existing at law or in equity. Neither delay nor omission by City to exercise any right or remedy shall impair any such right or remedy or constitute a waiver thereof. 5. If litigation is commenced concerning the Subdivision Improvements Agreement or this Addendum, the prevailing party shall be entitled to reasonable attorneys' fees, expert witness fees and court costs form the other party. SUBDIVIDER: WAL -MART STORES, INC., a Delaware Corpor tion By: Michael R. Nelson Asst. Vice President of Real Estate STATE OF ARKANSAS ) ) ss. COUNTY OF BENTON ) �' '"R O G T. �"` to and sworn to before me on , 1993, by Michael R. Nelson, Asst. esidenteal Estate of Wal -Mart Stores, Inc., a Delaware Corporation. ft.' %lyfCcAmi~Ssion expires: - X 4;lr 0 UP Notary Public w4 I:lt lk:.v . PUEBLO, a Municipal Corporation a{iLO. LO` By: 14* 6 o T� Preside t o the Council e. 1 ' a STATE OF COLORADO COUNTY QF" PUE P �I� is is OF ss. I sworn to before me on E/L , '-Jent of the Pue expires: 1993, by APPROVED AS TO FORM: City Attornety``