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HomeMy WebLinkAbout06035Reception 1123960 05/30/1996 ORDINANCE NO. 6035 AN ORDINANCE APPROVING THE PLAT OF CLIFF BRICE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Cliff Brice Subdivision, being a subdivision of land legally described as follows: A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the south line of the said SW 1/4 from which the SW corner of said Section 31 bears N 87 -09 -44 W (bearings based on the line between the SW corner of said Section 31 and the City monument at the intersection of Santa Fe Avenue and C Street both monumented with a concrete monument with lead and tack in a cast iron monument box assumed to bear S 10 -23 -51 W), a distance of 852.00 feet; Thence N 44 -44 -20 W along the northeasterly boundary of Wilson's Subdivision according to the recorded plat thereof filed for record May 27, 1907 at recep- tion number 152286 in the records of the Pueblo County Clerk and Recorder, a distance of 702.99 feet to the most southerly corner of that parcel of land described in that deed recorded in Book 2556 at Page 948 to 951 in the records of the Pueblo County Clerk and Recorder; Thence N 39 -19- 34 E along the southeasterly line of said parcel a distance of 131.58 feet to a point on the southwesterly line of that parcel of land described in that deed recorded in Book 2571 at Pages 722 to 725 said point also being 10 feet, if measured at right angles, from the centerline of the Missouri Pacific Railroad Company's Track No. 9 -44 as located in October, 1991: Thence Southeasterly and Northeasterly along said parcel the following two (2) courses: Book: 2896 Page: 194 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk.&Bec. 1) S 42 -46 -09 E, a distance of 300.08 feet; 2) N 43 -06 -41 E, a distance of 199.86 feet; Thence S 38 -40 -37 E, a distance of 95.22 feet; Thence along the arc of a curve to the left having a central angle of 8 -08 -51 and a radius of 1838.00 feet, a distance of 261.37 feet; Thence S 46 -49 -28 E, a distance of 57.51 feet to a point the north- west corner of that parcel of land described in that deed filed for record. May 6, 1993 in Book 2654 at Page 480 to 484 in the records of the Pueblo County Clerk and Recorder; Thence S 43 -10 -32 W along the northwesterly line of said parcel, a distance of 303.46 feet to the point of beginning, containing 3.61 acres, 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. Book: 2896 Page: 195 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. HALO, � INTRODUCED November 13 , 1995 By John Califano Councilperson • a APPROVED AYA - President of the Council ty Clerk 10/31/95 Reception 1123961 05/30/1996 SHALLOW SANITARY SEWER SERVICE LINES Cliff Brice Subdivision Notice is hereby given to the Owner(s) of Lots 1 and Lots 2 Cliff Brice Subdivision, Pueblo County Colorado, and their heirs, personal representatives, successors and assigns, that sanitary sewer service to basements of these Lots may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right -of -way. This notice dated l 1 1996. SUBDIVIDER By Si ature Cliff Brice Jr. President Triterra Inc. 300 Moffat Avenue Pueblo, Colorado 81003 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledge before me on S , 1996, by Cliff Brice Jr,; President, Triterra Inc. mv hand and seal. ".X 4 Cp expires: 0 ZINN Reception 1123962 05/30/1996 EASEMENT AGREEMENT THIS EASEMENT is granted on May 10, , 1996, by Cliff Brice, Jr., of the City of Pueblo, County of Pueblo and State of Colorado (Grantor) to Triterra, Inc., a Colorado Corporation, 300 Moffat Avenue, Pueblo, Colorado (Grantee). WITNESSETH: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors and assigns, an easement for the purpose of drainage, as Grantee may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on the attached Exhibit "A" (the Property). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights granted in this Agreement, provided Grantor shall not erect or place any structures, buildings, trees or other landscaping, on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of access over and across the real property of the Grantor adjoining the Property to construct such drainage facilities. 3. Grantee covenants that he, and his heirs, successors or assign, will continuously maintain and repair this easement, and the facilities in the easement, at his expense. 4. Grantee will indemnify and hold harmless the Grantor from all claims, expenses, liabilities, attorneys' fees, loss or damage to property or injury to or death of persons, caused by the replacement of drainage facilities, the maintenance and use of this easement. 5. Grantee shall restore Grantor's property damaged during Grantee's construction operations to as near original condition as reasonably possible. 6. Grantor covenants and warrants he is the fee owner of the property, has good and lawful right to convey the Property, and that the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of , which has consented to granting this easement. 7. This easement shall run with the land and be binding upon and inure to the benefit of the Grantee and the Grantor and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. Boot: 2896 Page: 198 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1t.&Rec. GRANTOR: B STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on Alde , 1996, by MP;r - c 14. , Grantor. Witness my hand and official seal. My commission expires: Notary u 'ty �d.f.I.eRr N �`. 1 1 Book: 2896 Page: 199 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. Exhibit "A" An easement for the purpose of drainage being the southwesterly 10 feet of Lots 25 through 34 and all of lots 35 through 38, Block 4, Wilson Subdivision, according to the recorded plat thereof filed record May 27, 1907 at reception number 152286 in the records of the Pueblo County Clerk and Recorder, Pueblo County, Colorado. Reception 1123963 05/30/1996 EASEMENT AGREEMENT THIS EASEMENT is granted on May 10, 1996, by Cliff Brice, Jr., of the City of Pueblo, County of Pueblo and State of Colorado (Grantor) to Triterra, Inc., a Colorado Corporation, 300 Moffat Avenue, Pueblo Colorado (Grantee). WITNESSETH: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors and assigns, an easement for the purpose of Ingress and Egress across the real property located in Pueblo County, Colorado and described on the attached Exhibit "A" (the Property). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights granted in this Agreement, provided Grantor shall not erect or place any structures, buildings, trees or other landscaping, on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of Ingress and Egress over and across the real property of the Grantor adjoining the Property. 3. Grantee covenants that he, and his heirs, successors or assign, will continuously maintain and repair this easement, and the facilities in the easement, at his expense. 4. Grantee will indemnify and hold harmless the Grantor from all claims, expenses, liabilities, attorneys' fees, loss or damage to property or injury to or death of persons, caused by the replacement of drainage facilities, the maintenance and use of this easement. 5. Grantee shall restore Grantor's property damaged during Grantee's construction operations to as near original condition as reasonably possible. 6. Grantor covenants and warrants he is the fee owner of the property, has good and lawful right to convey the Property, and that the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of , which has consented to granting this easement. 7. This easement shall run with the land and be binding upon and inure to the benefit of the Grantee and the Grantor and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. Book: 2896 Page: 201 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. GRANTOR: By - STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) The foregomiz instrument was acknowledged before me on O 1996, by Grantor. Witness my hand and official seal. My commission expires: ¢/711 .. ... 40 � o,• Book: 2896 Page: 202 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. Exhibit "A" An easement for the purpose of Ingress and Egress being all of lots 35, 36 and 37, Block 4, Wilson Subdivision, according to the recorded plat thereof filed record May 27, 1907 at reception number 152286 in the records of the Pueblo County Clerk and Recorder, Pueblo County, Colorado. Reception 1123964 05/30/1996 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 27th day of November 199-9 by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and Triterra Inc. a Colorado Corporation, Cliff Brice Jr., President 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 Cliff Brice Subdivision 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 Public 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 uncompletea 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: 2896 Page: 204 Chris C. Munoz Page: 2 of 8 Pueblo Co.C1k.&Rec. S. 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" shalt 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: 2896 Page: 205 Chris C. Munoz Page: 3 of 8 Pueblo Co.C1k.&Rec. 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. Triterra Inc. Subdivider By (S E A L) Cliff Brice Jr., President STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this _ day of , 199., by Cli>�f �i'ice �r . Subdivider - 4 A. . My commission expires: 417116 , c ' � �► Notary • (S E A L) Address: ry r r CITY OF PUEBLO, a Municipal Corporation B President of Council STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of May 199 , by Fay B. Kastelic , as President of E Council, and Gina DutchPS as City Clerk of the City of Pueblo, Colorado. .4 LIN G It, MIA co K*4ion expires: !t' t' otary Public Sud Address: �6Oa ( 8/D Auld" LOVED AS TO FORM: C "mey 1c]I EXHIBIT "A" Book: 2896 Page: 206 Chris C. !Munoz Page: 4 of 8 Pueblo Co.C1k.&Rec. A parcel of land located within the City of Pueblo, County of Pueblo, State of Colorado to -wit; A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the south line of the said SW 1/4 from which the SW comer of said Section 31 bears N 87 -09-44 W (bearings based on the line between the SW comer of said Section 31 and the city monument at the intersection of Santa Fe Avenue and C Street both monumented with a concrete monument with lead and tack in a cast iron monument box assumed to bear S 10 -23 -51 W), a distance of 852.00 feet; Thence N 44 -44 -20 W along the northeasterly boundary of Wilson's Subdivision according to the recorded plat thereof filed record May 27, 1907 at reception number 152286 in the records of the Pueblo County Clerk and Recorder, a distance of 702.99 feet to the most southerly corner of that parcel of land described in that deed recorded in Book 2556 at Pages 948 to 951 in the records of the Pueblo County Clerk and Recorder; Thence N 39 -19 -34 E along the southeasterly line of said parcel a distance of 131.58 feet to a point on the southwesterly line of that parcel of land described in that deed recorded in Book 2571 at Pages 722 to 725 said point also being 10 feet, if measured at right angles, from the centerline of the Missouri Pacific Railroad Company's Track No. 9 -44, as located in October 1991; Thence southeasterly and northeasterly along said parcel the following two (2) courses; 1). S 42 -46 -09 E, a distance of 300.08 feet; 2). N 43 -06-41 E, a distance of 199.86 feet; Thence S 38 -40 -37 E, a distance of 95.22 feet; Thence along the arc of a curve to the left having a central angle of 8 -08 -51 and a radius of 1838.00 feet, a distance of 261.37 feet; Thence S 46 -49 -28 E, a distance of 57.51 feet to a point the northwest corner of that parcel of land described in that deed filed for record May 6, 1993 in Book 2654 at Pages 480 to 484 in the records of the Pueblo County Clerk and Recorder, Thence S 43 -10-32 W along the northwesterly line of said parcel, a distance of 303.46 feet to the POINT OF BEGINNING, Containing 3.74 acres. Boot: 2896 Page: 207 Chris C. !Munoz Page: 5 of 8 Pueblo Co.C1k.&Rec. Subdivision Improvement Agreement Exhibit "B" Cliff Brice Cliff Brice Subdivision Mangini & Associates, Inc. Job Number 95 -167 Item Number Item Total Quantity Unit Unit Cost Total Cost 1 Excavation 238 CY $3.00 $714 2 4" Paving / Bennett St. 89 SY $11.00 $979 3 4" Paving / Sanitary Installation 130 SY $11.00 $1,430 4 Grading & Paving / Drainage Channel 90 SY $5.70 $513 5 Sanitary Sewer - 8" 369 LIN FOOT $22.00 $8,118 6 4' Sanitary Sewer Manhole 2 EACH $1,400.00 $2,800 7 7" Reinf. Concrete 2252 SQ FOOT $3.80 $8,558 8 San. Sewer Service Lines 2 EACH $575.00 $1,150 9 6" Water main 25 LIN FOOT $28.00 $700 10 Flowable Backfill /Ilex 125 CY $50.00 $6,250 11 Traffic Control / Ilex 1 LS $1,000.00 $1,000 SUB -TOTAL $32;212 Miscellaneous Contingencies @ 15% $4,832 GRAND TOTAL $37,043 Prepared By: Stephen Dear Date: 05/07/96 Checked By: Charles DiDomenico Date: 05/07/96 Firm: Mangini & Associates, Inc. Reviewed By: Date: 22 — J City of Pueblo file: cliff b -bl Book: 2896 Page: 208 Chris C. Munoz Page: 6 of 8 Pueblo Co.C1k.&Rec. ADDENDUM TO ALTERNATE 4 SUBDIVISION IMPROVEMENTS AGREEMENT FOR CLIFF BRICE SUBDIVISION Notwithstanding anything to the contrary in the attached subdivision improvements agreement for Cliff Brice Subdivision, the City of Pueblo, a Municipal Corporation ( "City ") and Triterria, Inc. ( "Subdivider ") agree as follows: 1. Subdivider agrees to dedicate all of Lot 2 as a drainage easement except for that small rectangular shaped parcel of property show on the plat which shall be used solely for a gasoline service island and canopy covering. 2. Subdivider understands and agrees that the drainage easement in Lot 2 is being dedicated as a means to prohibit issuing building permits to construct any building or structure other than the gasoline service island and canopy in Lot 2. 3. The City agrees to allow the subdivider to defer installing sanitary sewer lines to Lot 2. If at any time or for any reason, however, Subdivider, or its successors or assigns, constructs any building or structure for indoor use by employees, agents, customers or anyone else, shall, at its sole expense, install the sanitary sewer lines and improvements shown on the improvement plans for Cliff Brice Subdivision on file with the City's Department of Public Works. 4. Subdivider shall petition the Pueblo City Council to vacate that portion of the drainage easement in Lot 2 that is ever used to construct any additional building or structure other than the gasoline service island and canopy. With the vacation petition, the Subdivider shall prepare and file new drainage and improvements plans to reflect any drainage revisions on Lot 2. This addendum shall become a part of the Subdivision Improvements Agreement, shall constitute a convenant running with the property, and shall extend to, be binding upon and inure to the benefit of the successors and assigns of the City and the Subdivider. If there is a conflict between the provisions of this addendum and the subdivision improvements agreement, the provisions of this addendum shall control. 6. If any provision of this addendum or the subdivision improvements agreement is determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions. 7. All rights and remedies of the 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 failure by the City to execute any right or remedy shall impair any such right or remedy or constitute a waiver. Book: 2896 Page: 209 Chris C. Munoz Page: 7 of 8 Pueblo Co.C1k.&Rec. 8. If litigation is filed concerning the subdivision improvements agreement or this addendum, the prevailing party shall receive reasonable attorneys' fees from the other partY- SUBDIVIDER: ATTEST: Sectetary STATE OF COLORADO) ss. COUNTY OF PUEBLO ) Subscribed and sworn to before me on 0 , 1996, by Cf /t� ��% C� J� • as -Seem of 7r, e= f 111 �'1/ �, My commission expires: 41719 otary i; �T 1 ,0 3 40 �'1 , oe d&t CITY OF PUEBLO, a Municipal Corporation Lf1. 1 � ` I V, B - Presid t of the toNcil i, W - - I 1 Book: 2896 Page: 210 Chris C. Huns STATE OF COLORADO) Page 8 of 8 Pueblo Co.Clk.&Rec. ) ss. COUNTY OF PUEBLO ) , Subscribed and sworn to before me on May 29. , 1996, by Fay B . Kastelic as President and Gina Dutcher as city Clerk -Seffetafy of the City of Pueblo, a Municipal Corporation. r My commission expires: 4�62��J7 ! No Public F �4 �. " • 1001APVkOVED AS TO FORM: City Attorney