HomeMy WebLinkAbout06515Reception 1349437
09/11/2000
ORDINANCE NO. 6515
AN ORDINANCE APPROVING THE PLAT OF FOOTHILLS SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
Ordinance No. 6405 is hereby repealed due to a change in the name of the
Subdivision.
SECTION 2.
The final plat of Foothills Subdivision, being a subdivision
of land legally described as follows:
A parcel of land located in the SW 1/4 of Section 22, Township 20 South,
Range 65 West of the 6th Principal Meridian, said parcel being more
particularly described as follows:
Beginning at a point on the east line of said SW 1/4, from which point the
NE corner of Sanders Subdivision, First Filing, bears S 00° 59' 11" E, a
distance of 520.00 feet;
1. thence S 88 °39'12" W a distance of 348.00 feet;
2. thence N 01'20'48" W a distance of 48.93 feet to the beginning of a curve
concave southeasterly with a radius of 200.00 feet;
3. thence northeasterly along the arc of said curve through a central angle of
90 °21'37" and a distance of 315.42 feet;
4. thence N 89 °00'49" E, tangent to said curve, a distance of 148.30 feet to a
point on the east line of said SW 1/4 ;
5. thence S 00 °59'11" E along said east line, a distance of 248.00 feet to the
Point of Beginning.
AND
A parcel of land located in the SW 1/4 of Section 22, Township 20 South,
Range 65 West of the 6th Principal Meridian, said parcel being more
particularly described as follows:
Beginning at a point on the north line of said SW 1/4 from which point the
NE corner of said SW 1/4 bears N 89 °04'46" E a distance of 1102.20 feet;
1. thence N 89 °04'46 "E along said north line, a distance of 1102.20 feet to
said NE corner;
2. thence S 00 °59'11" E along the east line of said SW 1/4 a distance of
1028.44 feet;
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1349437 09/11/2000 03:34P ORD Chris C. Munoz
2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rec
3. thence S 89 °00'49" W a distance of 148.30 feet to the beginning of a curve
concave southeasterly with a radius of 200.00 feet;
4. thence southwesterly along the arc of said curve through a central angle of
90 °21'37" and a distance of 315.42 feet;
5. thence S 01'20'48" E., tangent to last said curve, a distance of 48.93 feet;
6. thence S 88 °39'12" W a distance of 609.97 feet to the beginning of a curve
concave northeasterly with a radius of 955.00 feet;
7. thence northwesterly along the arc of said curve through a central angle of
30 °45'00" and a distance of 512.54 feet;
8. thence N 60 °35'48" W, tangent to last said curve, a distance of 107.24 feet;
9. thence N 06 °36'20" E a distance of 196.67 feet;
10. thence N 52 °16'00" E a distance of 106.00 feet;
11. thence N 24'16'04" E a distance of 342.00 feet;
12. thence N 42 °44'00" W a distance of 78.00 feet;
13. thence N 03 °46'00" E a distance of 120.00 feet;
14. thence N 42 °46'00" E a distance of 144.00 feet;
15. thence N 86 °46'00" E a distance of 122.98 feet;
16. thence N 00 °58'08" W a distance of 243.99 feet to the point of beginning.
TOGETHER WITH
The NW 1/4 SE 1/4 of Section 22, Township 20 South, Range 65 West of the
6th Principal Meridian, County of Pueblo, State of Colordo:
LESS AND EXCEPTING the south 60 feet of the NW 1/4 SE 1/4 of Section
22, Township 20 South, Range 65 West, County of Pueblo, State of Colorado
(Deed recorded March 8, 1976 in Book 1840 at Page 352).
Total subdivision acreage: 76.27 acres, more or less,
is hereby approved; and 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 ease-
ments, public sites, parks and open spaces by the City does not obligate the City to maintain
or repair same until such streets, rights -of -ways 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 agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance and the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation or other entity with regard to the enforce-
ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations.
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3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree
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 improvements 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 liabilities otherwise available to the City or its
officers, employees or agents.
SECTION 4.
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 1971 Code of Ordinances meeting and complying with the subdivision require-
ments of the City 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
1971 Code of Ordinances, 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 or the final
subdivision plat becomes effective.
INTRODUCED February 14 , 2000
BY Rich Golenda
Co ilmember
n APPROVE L� i
President of the Council
ATTEST:
City Clerk
1/24/00
Reception 1349439
09/11/2000
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
THIS AGREEMENT is made on September 7, 2000, between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and FOOTHILLS PUEBLO EAST LLC and
FOOTHILLS PUEBLO WEST LLC ( "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 the
Foothills 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 by Section 12- 4 -7(J) of the 1971 Code of
Ordinances of the City to construct and install certain public improvements generally
described in attached Exhibit "B" and shown on approved construction plans and
documents on file at the office of the City's Director of Public Works ( "Required Public
Improvements "); and
WHEREAS, by 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 to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the following mutual covenants and
agreements, the City and Subdivider agree as follows:
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 is 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 escrow agreement approved by the
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1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
2 of 26 R 130.00 D 0.00 Pueblo C!y Clerk & Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
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 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 closer, to the proposed building site. In any case where the
block, as later defined, exceeds one thousand feet (1000') 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 a least one half ( 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 feet (60') 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 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 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 recently 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
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09/11/2000 03:34P SUBD
AG Chris C.
Munoz
3 of 26
R 130.00 D 0.00 Pueblo
C!y Clerk &
Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO,CO
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 Subdivider or subsequent owner, which debt shall
be a lien upon 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 for the use of one shall
not prohibit the use of another.
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 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 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 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
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AG Chris C.
Munoz
4 of 26 R 130.00 D
0.00 Pueblo
C!y Clerk &
Rec
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
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 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 complete 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 Oorks 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 Works, Subdivider
and the subdivided land shall remain liable and responsible for all the
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, stormwater detention facility, or maintenance
and restoration of 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 therefor 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
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1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
5 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
12
13
14
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 therefor including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs
and administrative charge 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.
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 shall subordinate its interest or encumbrance
to this Agreement and all its terms, conditions and restrictions.
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
concerning this Agreement, the Court shall award the prevailing party its
costs and expenses, including reasonable expert witness and attorneys'
fees.
The parties agree this Agreement may be periodically amended by mutual
consent provided such amendment is in writing and signed by all parties.
15. 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.
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1349439 09/11/2000 03:34P SUBD AS Chris C. Munoz
6 of 26 R 130.00 D 0.00 Pueblo CZy Clerk & Roe
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
The parties have caused this Agreement to be executed and attested by its duly
authorized acting officer.
SUBDIVIDER;
��s) }1S�islH /yP /:
O T AR�y%
� L\�
STATE OF COLORADO
COUNTY OF PUEBLO
Ill
) ss.
Foothills Pueblo East LLC
Foothills Pueblo West L
both Colors o Lirr,�,�e
Companier/r / /�/
ert L. Drabkin, Manager
The foregoing instrument was acknowledged before me this _
&IQt r�zj� , '2000 ,by Robert
Foothills Pueblo East LLC, and Foothills Pueblo West LLC
Liability Companies, Subdivider.
My Commission expires
�4'
&
day of
L. Drabkin, Manager,
both Colorado Limited
Notary Public
CITY ; PUEBL
a Mu lal Corp r o
By: / It
President of the Council
By ,�,
City Clerk
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1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
7 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
(SEAL)
STATE OF COLORADO
COUNTY OF PUEBLO
G. =0T PI
Q a
oft e
) ss.
oing instrument was acknowledged before me t �1 day of
2.0 by i one
brit of City Council, and �, nn uficke -k as City Clerk
$\qf Pueblo, CO.
mmission expires 9-
ry Public
APPROVED AS TO FORM:
City Attorn _ __
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1349439 09/11/2000 03:34P SUBD AG Chris C Munoz
8 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
SUBDIVISION IMPROVEMENT AGREEMENT
FOOTHILLS SUBDIVISION
EXHIBIT A
A parcel of land located in the SW 1/4 of Section 22, Township 20 South, Range 65 West
of the 6�' Principal Meridian, said parcel being more particularly described as follows:
BEGINNING at a point on the east line of said SW 1/4, from which point the NE corner
of Sanders Subdivision, First Filing, bears S 00'59'11" E a distance of 520.00 feet;
1. thence S 88 W a distance of 348.00 feet
2. thence N 01 °20'48" W a distance of 48.93 feet to the beginning of a curve
concave southeasterly with a radius of 200.00 feet;
3. thence northeasterly along the arc of said curve through a central angle of
90 °21'37" and a distance of 315.42 feet;
4. thence N 89 °00'49" E, tangent to said curve, a distance of 148.30 feet to a
point on the east line of said SW 1/4;
5. thence S 00'59'11" E along said east line, a distance of 248.00 feet to the
POINT OF BEGINNING.
V'
AND
A parcel of land located in the SW ' /4 of Section 22, Township 20 South, Range 65 West
of the 6th Principle Meridian, said parcel being more particularly described as follows:
BEGINNING at a point on the north line of said SW '/4 from which point the NE corner
of said SW '/4 bears N 89 °04'46" E a distance of 1102.20 feet;
1. thence N 89 °04'46" E along said north line, a distance of 1102.20 feet to the
said NE corner;
2. thence S 00'59'11" E along the east line of said SW '/4, a distance of 1028.44
feet;
3. thence S 89 °00'49" W a distance of 148.30 feet to the beginning of a curve
concave southeasterly with a radius of 200.00 feet;
4. thence southwesterly along the arc of said curve through a central angle of
90 °21'37" and a distance of 315.42 feet;
5. thence S 01 °20'48" E, tangent to last said curve, a distance of 48.93 feet;
6. thence S 88'39'12" W a distance of 609.97 feet to the beginning of a curve
concave northeasterly with a radius of 955.00 feet;
7. thence northwesterly along the arc of said curve through a central angle of
30 °45'00" and a distance of 512.54 feet;
8. thence N 60 °35'48" W, tangent to last said curve, a distance of 107.24 feet;
9. thence N 06 °36'20" E a distance of 196.67 feet;
10. thence N 52 °16'00" E a distance of 106.00 feet;
Page 1 of 2
11. thence N 24'16'04"
E a distance of 342.00 feet;
12. thence N 42 °44'00"
W a distance of 78.00 feet;
13. thence N 03 °46'00"
E a distance of 120.00 feet;
14. thence N 42 °46'00"
E a distance of 144.00 feet;
15. thence N 86 °46'00"
E a distance of 122.98 feet;
16. thence N 00 °58'08"
W a distance of 243.99 feet to the POINT OF
BEGINNING.
TOGETHER WITH
The NW '/4 of the SE '/4 of Section 22, Township 20 South, Range 65 West of the 6th
Principle Meridian, County of Pueblo, State of Colorado, excepting therefrom the South
60 feet of said NW '/4 of the SE V4 (Deed recorded March 8, 1976 in Book 1840 at Page
352).
TOTAL SUBDIVISION ACREAGE: 76.27 acres more or less.
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03:34P SUBD AG
IN
Chris C.
IIII
Munoz
9 of 26 R 130.00 D
0.00 Pueblo Cty
Clerk &
Ree
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EXHIBIT B
THE FOOTHILLS SUBDIVISION ( "FS ")
I
IIIIII
"III
VIII
III'I
IIIIIII
II
IIIIIIII
III
IIIIII
III
III(
SIA IMPROVEMENT ITEM SCHEDULE - SUMMARY
FOR PHASED DEVELOPMENT PLAN
1349439 09/11/2000 03:34P SUBD AG Chris C.
Munoz
6- Sep -00
10 of 26 R 130.00 D
0.00 Pueblo Ct.y Clerk
& Ree
----------------------- - - - - -- WEST COMMUNITY------------------------ - - - - --
------- - - - - -- - EAST COMMUNITY-------------
- - - - -- TO W. BOUNDARY OF
SCOTT
ITEM PHASE 1 PHASE 2 PHASE 3 COMMERCIAL
PHASE 1 PHASE 2
PHASE 3 CITY LANDS'
AVENUE
ACREAGE 14.24 11.89 11.09 1.79
13.56 11.92
9.48
2.3
NUMBER OF LOTS 68 72 84 1
71 75
67
1) OFFSITE IMPROVEMENTS
A. WEST 24TH STREET (1)
TOTAL COST $ 423,665
B. SCOTT AVENUE (2)
FROM 24TH STREET TO FS ENTRANCE $ 184,160
FROM FS ENTRANCE TO NORTH PPTY LINE
$ 358,829
C. TRAFFIC LIGHT
@ $88 /Home, Funded per home as homes are built $ 5,984 $ 6,336 $ 7,392 n/a
$ 6,248 $ 6,600
$ 5,896
D. SEWER COST RECOVERY
SOUTHERN COLORADO MEDICAL CENTER ($726.81/acre) $ 10,350 $ 8,642 $ 8,060 $ 1,301
$ 9,856 $ 8,664
$ 6,890
$ 1,672
24TH STREET / CDBG (1608LF x $37.48/If) $ 60,268
E. DRAINAGE (3)
EAST COMMUNITY - Not required to be constructed
$ 85,744
until and if required to develop the property from
the eastern boundary of Foothills property to the
western boundary of the City lands adjoining Dry Creek
Will be eliminated if Developer acquires such property.
SUBTOTAL - OFFSITES $ 684,427 $ 14,978 $ 15,452 $ 1,301
$ 16,104 $ 15,264
$ 371,615 $ 85,744
$ 1,672
2. ONS/TE IMPROVEMENTS
A. INTERNAL SUBDIVISION ITEMS
Handicap Ramps $ 1,305 $ 522 $ 522
$ 1,305 $ 522
$ 261
Sanitary Sewer $ 175,323 $ 121,754 $ 82,114
$ 153,087 $ 137,511
$ 116,096
No Parking Signs $ 1,500 $ 1,650 $ 1,500
$ 1,650 $ 1,500
$ 1,500
B. PARKS & DRAINAGE
WEST COMMUNITY $ 191,889
EAST COMMUNITY
$ 225,726 $ 38,732
SUBTOTAL - ONSITES $ 370,017 $ 123,926 $ 84,136 $ -
$ 381,768 $ 178,265
$ 117,857 $ -
$ -
TOTAL $ 1,054,444 $ 138,904 $ 99,588 $ 1,301
$ 397,872 $ 193,529
$ 489,472 $ 85,744
S 1,672
OVERALL TOTAL $ 2,462,525
NOTES:
( West 24th Street collateral provided at commencement of Phase 1 East or West Community, with a 3 year deferral of actual construction. This
deferral may be extended at the sole
discretion of Public works.
(2) Scott Avenue from West 24th Street to the FS front entry to be constructed in Phase I of the East or West Community, whichever is developed first.
(3) This is a buried culvert along 25th Street R.O.W. Only required if development of the lands between the easternmost Foothills boundary, and
the westernmost City boundary are developed, and a burial of a
culvert is necessary for such development. In the event that Foothills acquires the land between the two boundaries forementioned, or if this land becomes park, recreation, and or open
space, this item will be
eliminated, and any escrowed funds or collateral for this item will be released.
file E s C i SiA Cost 50erdu
e 71400
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EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
West 24th Street
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
6" Full Depth Asphalt
9351
SY
$16.50
$154,291.50
6" Full Depth (Perry decel.
447
SY
$16.50
$7,375.50
6" Full Depth (Newport decel
432
SY
$16.50
$7,128.00
6" Full Depth decel Scott, Idabel
1311
SY
$16.50
$21,631.50
14' As halt mat
1423
SY
$16.50
$23,479.50
4" Asphalt Curb
486
LF
$4.15
$2,016.90
Asphalt Removal
218
SY
$7.50
$1,635.00
Asphalt Curb Removal
50
LF
$4.00
$200.00
Sub -total
CONCRETE
$217,757.90
Curb & Gutter west of Scott
3000
LF
$10.00
$30,000.00
Curb & Gutter east of Scott
1233
LF
$10.00
$12,330.00
Spill curb & gutter east of Scott
2106
LF
$10.00
$21,060.00
Spill curb & gutter west of Scott
1259
LF
$10.00
$12,590.00
Curb & Gutter Removal
2239
LF
$4.00
$8,956.00
Handicap Ramp
462
SF
$3.50
$1,617.00
Square Pan Radius
1560
SF
$4.25
$6,630.00
7" reinforced concrete
1414
SF
$3.80
$5,373.20
Sub -total
TRAFFIC
$98,556.20
"T" intersecttion
2
EA
$300.00
$600.00
4-Way
1
EA
$400.00
$400.00
Sub -total
UTILITIES
$1,000.00
Street light west of Scott
7
EA
$1,300.00
$9,100.00
Street light east of Scott
4
EA
$1,300.00
$5,200.00
Sub -total
WATER
$14,300.00
Fire Hydrant Assembly
3
EA
$2,500.00
$7,500.00
Sub -total
SANITARY SEWER
$7,500.00
48" Manhole
1
EA
$2,170.00
$2,170.00
Sub -total
GRADING
$2,170.00
Grading cut east of Scott
3452
CY
$2.00
$6,904.00
Grading fill east of Scott
1617
CY
$2.00
$3,234.00
Grading cut west of Scott
5783
CY
$2.00
$11,566.00
Grading fill west of Scott
2708
CY
$2.00
$5,416.00
Sub -total
$27,120.00
SUB -TOTAL $368,404.10
Miscellaneous Contingencies @ 15% $55,260.62
GRAND TOTAL $413,664.72
Prepared By: Date: September 1, 2000
Checked By: Date:
Firm:Mangini & Associates Inc.
Reviewed By: Date:
City of Pueblo
111111111 11111111 iii 111111 iii 1111
03:34P SUED AG Chris C. Munoz
1 0.00 Pueblo Cty Clerk & Rec
Page 2 of 9
I 111111 1111111111 111111111111111 IIIIIIII iii 111111 iii IN
1349439 09/11/2000 03:34P SUED AG Chris C. Munoz
12 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Scott Avenue from 24th St. North to Main Entrance of Foothills
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
3" Asphalt on 23" Base Course Scott
1837
SY
$33.00
$60,621.00
Sub -total
CONCRETE
$60,621.00
Curb & gutter
1174
LF
$10.00
$11,740.00
Handicap ramp
711
SF
$3.50
$2,488.50
7" reinforced concrete
481
SF
$3.80
$1,827.80
Square pan radius
340
SF
$4.25
$1,445.00
Sub -total
SANITARY SEWER
$17,501.30
8" main
583
LF
$29.00
$16,907.00
48" dia. Manhole
2
EA
$2,170.00
$4,340.00
Sub -total
WATER
$21,247.00
Main Line (including valves
452
LF
$35.00
$15,820.00
Fire hydrant assembly
1
EA
$2,500.00
$2,500.00
Sub -total
TRAFFIC
$18,320.00
Street Name Signs & Stop Sign 4-Way Intersection
1
EA
$400.00
$400.00
Street Lights
1
EA
$1,300.00
$1,300.00
Barricades L =24'
1
EA
$1,125.001
$1,125.00
Sub -total
DRAINAGE
$2,825.00
Grading Scott
500
CY
$3.00
$1,500.00
Rip-rap
75
CY
$50.00
$3,750.00
42" storm sewer
325
LF
$75.00
$24,375.00
Type 2 outlet structure
1
EA
$3,500.00
$3,500.00
Type "S" Inlet 6 FT.
1
EA
$2,800.00
$2,800.00
Type "S" Inlet 9 FT.
1
EA
$3,700.001
1
$3,700.00
Sub -total
1 $39,625.00
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
Prepared By:
Checked By:
Firm: Mangini & Associates Inc.
$160,139.30
$24,020.90
$184,160.20
Date: September 1 2000
Date:
Page 3 of 9
1
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
13 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Rec
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Scott Ave North of Main Entrance to North Propertv Line
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
3" Asphalt on 23" Base Course (Scott)
4192
SY
$33.00
$138,336.00
Sub -total
CONCRETE
$138,336.00
Curb & gutter (Scott)
1886
LF
$10.00
$18,860.00
Sub -total
SANITARY SEWER
$18,860.00
8" main (Idabel Circle Block 1 Ph 2)
1388
LF
$29.00
$40,252.00
48" dia. MH (Idabel Cr. Block 1 Ph 2)
6
EA
$2,170.00
$13,020.00
8" main (Idabel Circle Block 1 Ph 3)
1021
LF
$29.00
$29,609.00
48" dia. MH (Idabel Cr. Block 1 Ph 3)
4
EA
$2,170.00
$8,680.00
Sub -total
WATER
$91,561.00
Main Line (including valves)
914
LF
$33.28
30,417.92
Fire hydrant assembly
2
EA
$2,500.00
$5,000.00
Sub -total
TRAFFIC
$35,417.92
Street Lights
4
EA
$1,300.00
$5,200.00
Barricade
1
EA
$1,125.00
$1,125.00
Sub -total
DRAINAGE
$6,325.00
G rading (
1500
3.00
$4,500.00
42" storm sewer
227
LF
$75.00
17,025.00
Type "S" Inlet L =4'
0
EA
2,200.00
.00
18" Storm Sewer
0
LF
$36.00
$0.00
Sub -total
$L,525 00
SUB -TOTAL $312,024.92
Miscellaneous Contingencies @15% $46,803.74
GRAND TOTAL $358,828.66
Prepared By: Date: September 1, 2000
Checked By: Date:
Firm: Mangini & Associates Inc.
Reviewed By: Date: Page 4 of 9
City of Pueblo
11111111111111111111111111111111
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
14 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98 -087 -01
Drainage 54" Storm Sewer from Eastern Boundary of East Community to Westernmost City Property Line
ITEM
QUANTITY
UNITS
JPRICE
TOTAL
DRAINAGE
54" Storm sewer to City P. L. - Ph1
466
LF
$160.00
$74,560.00
Sub -total
1
$74,560.00
SUB -TOTAL $74,560.00
Miscellaneous Contingencies @15% $11,184.00
GRAND TOTAL $85,744.00
Prepared By: Date: May 22, 2000
Checked By: Date:
Firm: Mangini & Associates Inc.
tTM
* This is a buried culvert along 25th Street R.O.W. Only required if
development of the lands between the easternmost Foothills boundary, and
westernmost City boundary are developed, and burial of a
culvert is necessary for such development. In the event that
Foothills acquires the land between the two boundaries forementioned,
or if this land becomes park, recreation, and or open space, this item will be
eliminated, and any escrowed funds or collateral for this item will be released.
Page 5 of 9
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Internal Subdivision Items
ITEM
QUANTITY
UNITS
PRICE
TOTAL
CONCRETE
Handicap ramp Block 1 Phase 1
373
SF
$3.50
$1.305.15
Handicap ramp Block 1 Phase 2
149
SF
$3.50
$522.06
Handicap ramp Block 1 Phase 3
149
SF
$3.50
$522.06
Handicap ramp Block 2 Phase 1
373
SF
$3.50
$1,305.15
Handicap ramp Block 2 Phase 2
149
SF
$3.50
$522.06
Handicap ramp Block 2 Phase 3
75
SF
$3.50
261.03
Subtotal
$4.437.51
SANITARY SEWER
Service lines Block 1 Phase 1
68
EA
$775.00
$52.700.00
6" Private main Block 1 Phase 1
2215
LF
$26.00
$57,590.00
8" Private main Block 1 Phase 1
1087
LF
$29.00
$31,523.00
Manholes Block 1 Phase 1
13
EA
$2,170.00
$28.210.00
Cleanout Block 1 Phase 1
2
EA
$400.00
$800.00
Subtotal
$170.823.00
Service lines Block 1 Phase 2
84
EA
$775.00
$65,100.00
6" Private main Block 1 Phase 2
1119
LF
$26.00
$29,094.00
8" Private main Block 1 Phase 2
460
LF
$29.00
$13,34000
Manholes Block 1 Phase 2
6
EA
$2,170.00
$13.020.00
Cleanout Block 1 Phase 2
3
EA
$400.00
$1,200,00
Subtotal
$121,754.00
Service lines Block 1 Phase 3
72
EA
$775.00
$55.800.00
6" Private main Block 1 Phase 3
799
LF
$26.00
$20,774.00
8" Private main Block 1 Phase 3
0
LF
$29.00
$0.00
Manholes Block 1 Phase 3
2
EA
$2,170.00
$4,340.00
Cleanout Block 1 Phase 3
e, 3
EA
$400.00
$1
Subtotal
$82,114 00
Service lines Block 2 Phase 1
71
EA
$775.00
$55,025.00
6" Private main Block 2 Phase 1
882
LF
$26.00
$22,932.00
8" Private main Block 2 Phase 1
1740
LF
$29.00
$50,460.00
Manholes Block 2 Phase 1
11
EA
$2,170.00
$23,870.00
Cleanout Block 2 Phase 1
2
EA
$400.00
$800.00
Subtotal
$153,087,00
Service lines Block 2 Phase 2
75
EA
$775.00
$58,125.00
6" Private main Block 2 Phase 2
0
LF
$26.00
$0.00
8" Private main Block 2 Phase 2
2064
LF
$29.00
$59,856.00
Manholes Block 2 Phase 2
9
EA
$2,170.00
$19,530.00
Cleanout Block 2 Phase 2
0
EA
$400.00
$0.00
Subtotal
$137.511.00
Service lines Block 2 Phase 3
67
EA
$775.00
$51,925.00
6" Private main Block 2 Phase 3
0
LF
$26.00
$0.00
8" Private main Block 2 Phase 3
1689
LF
$29.00
$48,981.00
Manholes Block 2 Phase 3
7
EA
$2,170.00
$15,190.00
Cleanout Block 2 Phase 3
0
EA
$400.00
1900
Subtotal
$116,096.00
TRAFFIC
No parking sign Block 1 Phase 1
10
EA
$150.00
$1,500 00
No parking sign Block 1 Phase 2
11
EA
$150.00
$1,650.00
No parking sin Block 1 Phase 3
10
EA
$150.00
$1,500.00
No parking sign Block 2 Phase 1
11
EA
$150.00
$1,650.00
No par kin sign Block 2 Phase 2
10
EA
$150.00
$1.500.00
No parking sin Block 2 Phase 3
10
EA
$150.00
$1
Subtotal
$9,300.00
Sub -total
$795,122.51
SUB -TOTAL
Miscellaneous Contingencies @15%
GRAND TOTAL
Prepared By Date: September 1, 2000
Checked By: Date.
Firm Mangirn & Associates Inc
$795,1 22.51
$119,268 38
$914,390,89
Page 6 of 9
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1 111111111111111111111 1111111 11 IIIIIIII iii 111111 iii 1111
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
16 of 26 R 130.00 D 0.00 Pueblo CZy Clerk & Ree
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Parks & Drainage West Community
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PARKS & DRAINAGE
Grading (West open space - cut)
34700
Cy
$2.00
$69,400.00
Grading (West open space - fill)
100
CY
$2.00
$200.00
Planting & Establishing vegetation
2.9
AC
$20,000.00
$58,000.00
Benches, BBQ's, and Trash cans
1
LS
$4,760.00
$4,760.00
Playground Equipment
1
LS
$25,000.00
$25,000.00
Crusher Fines for Trails
9500
SF
$1.00
$9,500.00
Sub -total
I
I
I $166, 860.00
SUB -TOTAL
Miscellaneous Contingencies @15%
$166,860.00
$25,029.00
GRAND TOTAL
Prepared By:
Checked By:
$191,889.00
Date: May 22, 2000
Date:
Firm: Mangini & Associates Inc. Page 7 of 9
1 11111111111111111111111111111111111111111111111111 I Munoz
349439 09/11/2000 03:34P SUBD AG Chris C.
17 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Rae
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Parks & Drainage East Community Phase I
ITEM
QUANTITY
UNITS
PRICE
TOTAL
DRAINAGE
Grading (East open space - cut) -Ph 1
4390
CY
$2.00
$8,780.00
Grading (East open space - fill) -Phl
4460
CY
$2.00
$8,920.00
Rip -Rap -Phl
67
CY
$50.00
$3,350.00
Planting & Establishing vegetation -Phl
4
AC
$20,000.00
$80,000.00
54" Storm sewer - Ph1
293
LF
$160.00
$46,880.00
Open channel -Phl
5802
CY
$2.00
$11,604.00
Benches, BBQ's, and Trash cans
1
LS
$6,750.00
$6,750.00
Playground Equpment
1
LS
$25,000.00
$25,000.00
Crusher Fines for Trails
5000
SF
$1.00
$5,000.00
Sub -total
$196,284.00
SUB -TOTAL
Miscellaneous Contingencies @15%
$196,284.00
$29,442.60
GRAND TOTAL
Prepared By:
Checked By:
$225,726.60
Date:May 22. 2000
Date:
Firm: Mangini & Associates Inc. Page 8 of 9
1 IN
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
18 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Rec
EXHIBIT B
SUBDIVISION: THE FOOTHILLS RESIDENTIAL SUBDIVISION
SUBDIVIDER: FOOTHILLS PUEBLO LLC
J.N.: 98- 087 -01
Parks & Drainage East Community Phase II
ITEM
QUANTITY
UNITS
PRICE
TOTAL
DRAINAGE
Grading (East open space - cut) -Ph2
110
CY
$2.00
$220.00
Grading (East open space - fill) -Ph2
40
CY
$2.00
$80.00
Planting & Establishing vegetation - Ph2
1.4
AC
$20,000.00
$28,000.00
Benches, BBQ's, and Trash cans
1
LS
$2,380.00
$2,380.00
Crusher Fines for Trails
3000
SF
$170
$3,000.00
Sub -total
$33,680.00
SUB -TOTAL
Miscellaneous Contingencies @15%
Ill
$33,680.00
$5,052.00
GRAND TOTAL
Prepared By:
Checked By:
Firm: ini & Associates Inc. r
$38,732.00
Date: May 22, 2000
Date:
Page 9 of 9
Reviewed By: (&W_ J
City of Pueblo
rA
1 111111111111111111111111111111111111111111111111111111
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
19 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Rec
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
This Addendum shall be incorporated in and become a part of the September 7, 2000
Subdivision Improvement Agreement (SIA) for the Foothills Subdivision (herein the
"Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
A. 1. This Addendum hereby acknowledges that special sanitary sewer collection system
cost recovery fees are due as a condition of approval of the Subdivision. This Subdivision is
planned to be developed in phases as reflected in Exhibits 1 and 2 of this Addendum, and
Exhibit B to the SIA.
2. The fees are due and payable prior and as a condition precedent to connection of any
sanitary sewer within each phase of said subdivision, to the City's sanitary sewer collection
system, in accordance with Chapter 5, Title XVI, of the Pueblo Municipal Code.
3. The sewer cost recovery fees to be paid by the Subdivider are calculated as
follows:
a. 24th Street Sewer Cost Recovery (CDBG Project 98 -053) $37.48 per foot frontage X
1608 Lin. Ft. frontage (West Community Block 1 Phase 1) _ $60,267.84
b. Southern Colorado Medical Center Subdivision Filing No. I Sewer Cost Recovery
West Community, Block 1, Phase 1
$726.81 per Acre X 14.24Acres = $10,349.77
West Community, Block 1, Phase 2
$726.81 per Acre X 11.89 Acres = $8,641.77
West Community, Block 1, Phase 3
$726.81 per Acre X 11.09 Acres = $8,060.32
Commercial
$726.81 per Acre X 1.79 Acres = $1,300.99
East Community, Block 2, Phase 1
$726.81 per Acre X 13.56 Acres = $9,855.54
East Community, Block 2, Phase 2
$726.81 per Acre X 11.92 Acres = $8,663.57
East Community, Block 2, Phase 3
$726.81 per Acre X 9.48 Acres = $6,890.16
Scott Ave.
$726.81 per Acre X 2.3 Acres = $1,671.66
The above fees will be adjusted each year in accordance with said Chapter 5 of the Pueblo
Municipal Code.
Page 1 of 5
111111111111111111111111111111111111111111111111111 IN
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
20 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
B. 1. Collateral ization of the Required Public Improvements, within a phase and per
the estimates on Exhibit B to the SIA, will be required within one hundred eighty (180) days of
the application for a building permit on any site within that phase or upon the issuance of a
certificate of occupancy for any building or structure within that phase , whichever occurs first.
2. Subdivider will not be required to build 24th Street, or any portion thereof, as
provided in Exhibit B to the SIA, until at least three years have passed from Subdividers first
obtaining a building permit for any site within the Subdivision. Collateral ization of the
construction of 24 Street, as set forth in the Required Public Improvements, will be required
within one hundred eighty (180) days of the application for a building permit on any site or
upon the issuance of a certificate of occupancy for any building or structure, whichever occurs
first. After the passage of this referenced three year period, the City may require Subdivider
to build 24th Street, or such portion thereof as the City in its sole discretion deems appropriate,
as set forth in Exhibit B to the SIA. So long as the City defers the construction of 24th Street, or
any portion thereof which Subdivider is required to construct as part of the Required Public
Improvements, Subdivider will continue to collateralize its obligation for construction of 24th
Street as required by the SIA and this Addendum.
3. Subdivider will not be required to build Scott Avenue lying north of the entryway into
the Subdivision, or any portion thereof, as provided in Exhibit B to the SIA, until a building
permit is obtained for any site within Phase 3 of Block 1 (West Community) or Phase 3 of
Block 2 (East Community) of the Subdivision.
4. Collateral ization of the 54" storm sewer from the east Subdivision boundary to
Wildhorse Creek will be provided upon application for a building permit on any site within
Phase 1 Block 2 (East Community) of the Subdivision. No building permits will be issued for
Phases 1,2 and 3 Block 2 (East Community) until such collateralization is provided. Once
collateralized, the requirement to construct the 54" storm sewer by the Subdivider will be at the
sole discretion of the City. However, in the event the Subdivider acquires the land to the east
of the Subdivision and dedicates or conveys same to the City, as identified in Exhibit 3
attached, for use as open space or park prior to the construction of the 54" storm sewer, the
construction of the 54" storm sewer will not be necessary and any collateralization will be
released.
5. Failure to provide the collateralization, as provided above, may result in the refusal of
the City to approve additional building permits.
C. Each lot within the Subdivision is assessed a traffic impact fee for signalization at
24 Street and Pueblo Boulevard in the amount of $88.00. At the time application for building
permit is made for a lot, the $88.00 impact fee will need to be paid by the owner of the lot or
applicant for the building permit before the building permit will be issued.
Page 2 of 5
1 IIIIII 1111111111 III11111111I 11 IIIIIIII iii 111111111 1111
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
21 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
D. The park areas shown on the Subdivision plat will be privately maintained and will be
built by the Subdivider and the plat will dedicate the park area for the use and benefit of the
owners within the Subdivision and the Covenants will restrict the park area to such usage in
the future. The Subdivider will build the park area associated with each phase as determined
by the Director of Public Works within 180 days of obtaining the first building permit for that
phase or will collateralize the construction of such park area as provided in paragraph B.1.,
above. Failure to construct the park improvements or collateralize the park improvements as
set forth herein may result in the refusal of the City to approve additional building permits in
that phase.
E. Phased Construction
1. The Subdivider will develop the Foothills Subdivision in separate phases to be
identified as Block 1, Phases 1,2, 3 & Commercial (a /k/a West Community); Block 2, Phases
1,2, & 3 (a /k/a East Community), as illustrated in Exhibits 1 & 2 attached.
2. The Subdivider shall construct and install all of the Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and
required to serve the lots within each Phase.
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision and an event
requiring completion of the improvements in one Phase will not require completion of
improvements in another Phase.
4. When the Subdivider completes the subdivision requirements and Required Public
Improvements for each Phase, the City will release the Lots in that Phase from this agreement
as if each Phase was a separate and distinct subdivision, except for items that have been
deferred as previously mentioned in the Subdivision Improvements Agreement and this
Addendum.
5. 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 City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
6. All collateralization furnished as provided in this Addendum shall be in the form and
be used in the manner described in the SIA.
Page 3 of 5
1 111111111111111111111111111111111111111111111111111111
1349439 09/11/2000 03:34P SUBD AG Chris C. Munoz
22 of 26 R 130.00 D 0.00 Pueblo Cty Clerk 6 Rec
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
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 of Pueblo and Subdivider and
their respective heirs, personal representatives, successors, and assigns. This Addendum may
be specifically enforced against the Subdivider and subsequent owners of lots within the
Subdivision.
Executed at Pueblo, Colorado as of the date and year stated above.
ARA f
�N0TAFy y'°
p �B L \G
(SEAL) OF I COtOPP;`=`?
1111111
SUBDIVIDER;
Foothills Pueblo East LLC
Foothills Pu I W L
both Co or d i i d' bilities C
By. s
Robert L. Drabkin, Manager
ies
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The oregoing instrument was acknowledged before me this l0 day of
la4-f1Yjyu , 0( ,by Robert L. Drabkin, Manager, Foothills
Pueblo East LLC, and Foothills Pueblo West LLC, both Colorado Limited Liability Companies,
Subdivider.
My Commission expires
Notary Public
Page 4 of 5
1 111111 111111111111111 1111111 11 IIIIIIII iii 1111111 11 1111
1349439 09/11/2000 03:34P SUED AG Chris C. Munoz
23 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Ree
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
(SEAL)
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO
a Munici a Corporatio
President of the Council
City C k
The foregoin ins rument was acknowledged before me this - day of
by Y 1 ei as
P Council, and as City Clerk of the City
My Comma s pn expires - �2
ry Public
`s.lti t 3_
APPROVED AS TO FORM:
City Attor
Page 5of5
EXHIBIT 1
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
9/5/00
PHASE PLAN
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PHASE
LOT QUANTITY
BLOCK
LOT NUMBERS
AREA
h
Phase 1 West Community
68
1
65
— 80, 1, 92 — 142
14.24 Acres
Phase 2 West Community
72
1
2 —
36, 81 — 91, 199 — 224
11.89 Acres
Phase 3 West Community
84
1
37
— 64, 143 — 198
11.09 Acres
Phase 1 East Community
71
2
1 —
62, 205 — 213
13.56 Acres
Phase 2 East Community
75
2
63
— 112, 180 — 204
11.92 Acres
Phase 3 East Community
67
2
113-179
9.48 Acres
Commercial
1
1
226
1.79
TOTAL
438
73.97 Acres
1 111111 "III IIIII IIIII 1111111 II IIIIIIII III "I'I'I II IIII
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EXHIBIT 2
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVSION
PUEBLO, CO
9/5/00
PHASE DIAGRAM
WEST COMMUNITY
BLOCK 1
I III I Hill 1111111111111111111111111111111 Ili 111111111 IN _
1349439 R 0.00 Pueb CtY Clerk B
EAST COMMUNITY
BLOCK 2
111111 111111,1111111111111111 1 1 11111111 111111111111111
Munoz 349439 09/11/2000 03:34P SUBD AG Chris C.
26 of 26 R 130.00 D 0.00 Pueblo Cty Clerk & Rec
EXHIBIT 3
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOOTHILLS SUBDIVISION
PUEBLO, CO
9/5/2000
IDENTIFICATION OF THE LANDS EAST OF SUBDIVISION, REFERRED TO IN
ARTICLE B.4. OF THE ADDENDUM
L
3�
/
8
C) 10
O 11
O 1�P
13
14
16
Q \ 18
26th \ _Stree VI
iR \1i0
27
26
25
24 5�
23
22
21
25th Street
— — ------- - - - - --
- — — ------ - - - - --
19
\
18
i
17
2
3
16
4
15
5
i �t
6 1
7
25th Street
— — ------- - - - - --
- — — ------ - - - - --
Reception 349440
09/11/2000
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lots 1 -24, 31 -53, 65 -142, 151 -182, 194 -203
and 213 -217 Block 1, Foothills Subdivision, along with Lots 1 -8, 18 -23, 83 -108, 115 -137,
140 -171 and 184 -211 Block 2, Foothills Subdivision, A Special Area Plan, Pueblo
County, Colorado, and their heirs, personal representatives, successors and assigns, that
sanitary sewer service to the basements of these lots may require a pumping system due
to the elevation of the sanitary sewer line in the street or public right of way.
This notice is dated . e ,-- 2000.
COUNTY OF PUEBLO )
)SS
STATE OF COLORADO )
Foothills Pueblo East LLC
The foregoing instrument was acknowledged before me this day of ,
200 by Robert L. Drabkin, Manager, Foothills Pueblo West LLC, and Foothills
Pueblo East LLC.
Witness my hand and official seal.
My commission expires:
.�44Pilia�lY
' ; a3ARA gqq ii��
[ SEAL ].'U TA R•� °
y:
Notary Public
Reception 1349441
09/11/2000
DECLARATION OF RESIDENTIAL COVENANTS
FOR FOOTHILLS SUBDIVISION
THIS DECLARATION, made this 31" day of August, 2000, by Foothills Pueblo East LLC, and Foothills
Pueblo West LLC, both Colorado Limited Liability Companies, having a principal office of 1777 Larimer Street,
Suite 2001, Denver, CO 80202 (hereinafter referred to as the "Declarant').
WITNESSETH, that
WHEREAS, the Declarant is the Owner of that subdivision known as Foothills Subdivision which is
located in Pueblo, Colorado, as per plat thereof recorded in the records of the County of Pueblo, State of Colorado;
and
WHEREAS, the Declarant intends to sell, dispose of, or convey from time to time all or a portion of the
Lots in said Subdivision and desires to subject the same to certain protective reservations, covenants, conditions and
restrictions (hereinafter referred to as "Conditions ") between it and the acquirers and /or users of the Lots in said
Subdivision;
NOW, THEREFORE, Declarant hereby certifies and declares that it has established and does hereby
establish a general plan for the protection, maintenance, development, and improvement of said Subdivision, and
that:
THIS DECLARATION is designed for the mutual benefit of the Lots in said Subdivision and Declarant has
fixed and does hereby fix the protective conditions upon and subject to which all Lots, parcels, and portions of said
Subdivision and all interest therein will be held, leased, or sold and /or conveyed by the Owners or users thereof,
each and all of which is and are for the mutual benefit of the Lots in said Subdivision and of each Owner thereof,
and will run with the land and will apply to and bind the respective successors in interest thereof, and further are and
each thereof is imposed upon each and every Lot, parcel or individual portion of said Subdivision as a mutual
equitable servitude in favor of each and every other Lot, parcel, or individual portion of land therein as the dominant
tenement, and in favor of Declarant.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration will have the following meanings:
(a) "Lot' will mean the single family residential Lots identified as Block 1 Lots 1- 224, Block 2 Lots
1- 213, inclusive, Foothills Subdivision, A Special Area Plan, as shown on the plat.
(b) "Declaration" means this Declaration of Residential Covenants and any amendment(s) or
modification(s) thereto.
(c) "Home" means any building or a portion of a building situated on a Lot designed and intended for
use and occupancy as a single family residence. Home includes the term Lot unless otherwise
indicated.
(d) "Owner" means the record Owner of the fee simple title of a Lot and will include a contract
purchaser of any Lot pursuant to a real estate or installment land contract. Owner will not include
a contract seller of a Lot pursuant to a real estate or installment land contract.
(e) "Plat' means the Plat for Foothills Residential Subdivision recorded in the records of Pueblo
County, State of Colorado.
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(f) "Setback" means the shortest distance between a structure and the property line.
(g) "Subdivision" means the subdivision created by the plat.
(h) "Common Areas" will mean that part of the Subdivision which is not included within the Lots or
dedicated to the City of Pueblo as streets or roadways, including, but not limited to parks and
green or park -like areas, etc.
(i) "Common Expenses" will mean all sums which are required by the Association to perform or
exercise its functions, duties, or rights under this Declaration, the Articles of Incorporation, the
Bylaws, and such rules and regulations as the Association may from time to time make and adopt.
(j) "Common Expense Fund" will mean the fund created or to be created pursuant to the provisions
of Article 5of this Declaration and into which all monies of the Association shall be deposited.
(k) "Common Facilities" shall mean all equipment, facilities and other property (real, personal or
mixed) and interests therein at any time leased, acquired, owned or held by the Association for the
use and benefit of the Owners, including, without limitation, all portions of the property (real,
personal or mixed) hereafter purchased in accordance with this Declaration with monies from the
Common Expense Fund. Common Facilities shall be deemed to be a part of the Common Areas,
except to the extent otherwise expressly provided in this Declaration.
(l) "Association" will mean the Foothills Community Homeowner's Association, a Colorado non-
profit corporation, the Articles of Incorporation and Bylaws of which are attached hereto as
Exhibits "A" and "B ", respectively, and incorporated herein by this reference.
(m) "Assessment" will mean any Annual, Special, water, sewer, late fee, interest, penalty, fine, or any
charge or fee assessed by the Association.
ARTICLE II
THE ASSOCIATION
2.1 Membership Each Lot shall be entitled to one membership in the Association. If title to a Lot is
held by more than one person, the membership appurtenant to that Lot shall be shared by all such
persons in the same proportionate interest and by the same type of tenancy in which title to the Lot
is held. Each Owner shall be entitled and required to be a member of the Association. Ownership
of a Lot within the Subdivision cannot be separated from membership in the Association; each
membership shall be appurtenant to the Lot to which it relates and shall be transferred
automatically by conveyance to that Lot. No person or entity other than an Owner may be a
member of the Association, and membership in the Association may not be transferred except in
connection with the transfer of a Lot. Membership will begin immediately and automatically upon
becoming an Owner and shall terminate immediately and automatically upon ceasing to be an
Owner.
2.2 Memberships and Votes
Voting Rights The Owner or Owners of each Lot shall be entitled to one vote for each such Lot
owned by said Owner or Owners. If a particular Lot is owned by more than one owner, the vote
relating to that Lot shall be exercised as such owners may determine among themselves. A vote
cast at any Association meeting by any of such owners, whether in person or by proxy, shall be
conclusively presumed to be the vote attributable to the Lot concerned unless an objection is
immediately made by another owner of the same Lot. In the event such an objection is made, the
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vote of that Lot shall not be counted for any purpose whatsoever other than to determine whether a
quorum exists.
2.3 Board of Directors. The affairs of the Association shall be managed by a Board of Directors
which may by resolution delegate any portions of its authority to an executive committee or to a
director for the Association. There shall be not less than three directors with the specific number
set forth from time to time in the By -Laws. Notwithstanding anything to the contrary provided
herein, the members of the Board shall be appointed by Declarant, its successors or assigns, until
either 60 days after conveyance of 75% of the Lots, to Owners other than Declarant, or two years
after the last conveyance of a Lot by Declarant in the ordinary course of business. Not later than
sixty days after conveyance of twenty -five percent (25 %) of the Lots to Owners other than
Declarant at least one member of the Board must be elected by Owners other than Declarant. Not
later than sixty days after conveyance of fifty percent (50 %) of the Lots to Owners other than
Declarant, not less than thirty -three and 1/3 percent (33 1/3 %) of the members of the Board must
be elected by Owners other than Declarant.
Annexation of additional properties, dedication of Common Area, and amendment of this
Declaration of Residential Covenants, requires HUD /VA prior approval as long as the Declarant
or Declarant's successors in the Declaration of Residential Covenants for Foothills Residential
Subdivision, maintains a weighted vote as provided by Article II Section 2.3 of said Declaration of
Residential Covenants.
2.4 Initial Board of Directors The following persons shall serve as the initial Board of Directors:
Robert L. Drabkin
Stuart Turner
Dominic M. Maimone
ARTICLE III
COMMON AREAS
3.1 No Partition The Common Areas shall be owned by the Association, and no Owner may bring
any action for partition thereof.
3.2 Easement of Enjoyment Each Owner shall have a right and easement of use and enjoyment in
and to the Common Elements. Such right and easement shall be appurtenant to and shall pass
with title to each Lot. Any Owner may delegate the right and easement of use and enjoyment
granted by this section to any family members, household guests, tenants, purchasers under
contract, or other person who resides on the Owner's Lot.
3.3 Limitation of Easement An Owner's right and easement of use and enjoyment concerning the
Common Areas shall be subject to the following:
(a) The right of the Association to suspend an Owner's voting rights in the Association and
an Owner's right to use the recreational portions of the Common Areas for any period
during which (i) an assessment (including water and sewer and late fees) on that Owner's
Lot remains unpaid; (ii) for a period not exceeding sixty (60) days for any infraction by
such Owner of the provisions of this Declaration or of any rule or regulation promulgated
by the Association; and (iii) for successive 60 -day periods if any such infraction is not
corrected during any prior 60 -day suspension period;
(b) The right of the Association to impose reasonable limitations on the number of guests per
Owner who at any given time are permitted to use the Common Areas;
W
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(c) Any right of the Association to dedicate or transfer all or any part of the Common Areas
to any public agency, authority or utility for such purposes and subject to such conditions
as may be agreed to by the Association. No such dedication or transfer will be effective
unless an instrument signed and agreed to by at least two thirds (2/3) of the membership
shall have been recorded, except that the Board of Directors shall have authority to
transfer to such public agencies and/or utilities, permits, licenses, easements and rights -
of -way which are intended to benefit the Subdivision and which do not have any
substantial adverse effect on the enjoyment of the Common Areas by the Owners; and
(d) The right of the City of Pueblo, Pueblo County and any other governmental or quasi -
governmental body having jurisdiction over the Subdivision to access and rights of
ingress and egress over and across any street, parking area, walkway, or open area
contained within the Property for purposes of providing police and fire protection,
transporting school children; and providing other governmental or municipal service.
3.4 Separate Mortgage by Owners Each Owner shall have the right separately to mortgage or
otherwise encumber its Lot. No Owner shall attempt to or shall have the right to mortgage or
otherwise to encumber the Common Areas or any part thereof. Any Mortgage or other
encumbrance of any Lot within the Subdivision shall be subordinate to all of the provisions of this
Declaration, and in the event of foreclosure the provisions of this Declaration shall be binding
upon any owner whose title is derived through foreclosure by private power of sale, judicial
foreclosure or otherwise.
3.5 Separate Taxation Each Lot shall be deemed to be a parcel and shall be assessed separately for all
taxes, assessments and other charges of the State of Colorado, or of any political subdivision of
any special improvement district or of any other taxing or assessing authority. Taxes, assessments
and other charges pertaining to the Common Areas shall be apportioned by the Association
equally among the Lots.
3.6 Mechanic's Lien No labor performed or material furnished for use in connection with any Lot or
Home with the consent or at the request of an Owner or its agent or subcontractor shall create any
right to file a statement of mechanic's lien against any interest in the Common Areas.
3.7 Easements for Maintenance, Cleaning and Repair Some of the Common Areas are or may be
located within or under the Lots or may be conveniently accessible only through the Lots. The
Association shall have the irrevocable right to have access to each Lot and all Common Areas
from time to time during such reasonable hours as may be necessary for the maintenance,
cleaning, repair (emergency or otherwise) or replacement of any Common Areas or Facilities or
for making emergency repairs at any time therein necessary to prevent damage to the Common
Areas, the Common Facilities, or to any Lot. In addition, agents of the Association may enter any
Lot when necessary in connection with any maintenance, repair, replacement, landscaping,
construction or reconstruction for which the Association is responsible. Such entry shall be made
with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be
repaired by the Association with funds from the Common Expense Fund.
3.8 Association's Right to Use Common Areas The Association shall have an easement to make such
use of the Common Areas as may be necessary or convenient to perform the duties and functions
that it is obligated or permitted to perform pursuant to this Declaration.
3.9 Easement for Completion of Subdivision The Declarant shall have a transferable easement over
and on the Common Areas for the purpose of doing all things necessary or appropriate to complete
construction of the Subdivision and to make improvements as shown on the Plat. To the extent
that damage is inflicted on any part of the Subdivision by any person utilizing this easement, the
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Declarant and the person causing the damage shall be liable to the Association for the prompt
repair of such damage.
3.10 Water Meters and Common Sewer Connections Declarant may choose to develop the property
with master water meters and common sewer connections and submeter the water and sewer
services to the Lot Owners.. In the event such common water and sewer meters and connections
are utilized, the Homeowners Association assessments referenced in Article V below will include
an apportionment of fees for water and sewer services.
ARTICLE IV
CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
AND BOARD OF DIRECTORS
4.1 Compliance The administration of the Subdivision shall be in accordance with the provisions of
this Declaration, the Articles of Incorporation, the Bylaws, and the Rules and Regulations duly
adopted by the Association.
4.2 The Common Areas The Board of Directors, acting on behalf of the Association and, subject to
the rights and duties of the Owners as set forth in this Declaration, shall be responsible for the
exclusive management and control of the Common Areas and all improvements thereon (including
the Common Facilities) and shall keep the same in a good, clean, attractive, safe and sanitary
condition, order and repair. All goods and services procured by the Board of Directors in
performing its responsibilities under this section shall be paid for with funds form the Common
Expense Fund.
4.3 Miscellaneous Goods and Services The Board of Directors may, on behalf of the Association,
obtain and pay for such services, including legal and accounting services, as the Board shall
determine to be necessary or desirable for the proper operation of the Subdivision or for the
enforcement of this Declaration.
4.4 Real and Personal Property The Board of Directors may acquire and hold on behalf of the
Association, real, personal and mixed property of all types for the use and benefit of all of the
Owners and may dispose of such property by sale or otherwise, provided that (i) any sale or other
disposition of any real, personal or mixed property by the Board of Directors wherein the value of
such property exceeds Twenty -Five Thousand Dollars ($25,000); or (ii) any purchase of any real,
personal or mixed property by the Board of Directors for an amount in excess of Twenty-Five
Thousand Dollars ($25,000) must be approved by a vote of sixty -seven percent (67 %) of the votes
held by Owners, either by written ballot or at a meeting duly called for that purpose. The cost of
all such property, including Common Facilities, will be paid for out of the Common Expense Fund
and all proceeds from the disposition thereof shall be part of such fund.
4.5 Rules and Re ,,ulations The Board of Directors may make reasonable rules and regulations
governing the use of the Lots, the Common Areas, and all parts of the Subdivision, which rules
and regulations shall be consistent with the rights and duties established by this Declaration.
4.6 Granting Easements The Board of Directors may, without the vote or consent of the Owners or of
any other person, grant or create, on such terms as it deems advisable, permits, easements, licenses
and rights -of -way over, across and through the Common Areas for utilities and other purposes
reasonably necessary or useful for the proper maintenance or operation of the Subdivision.
4.7 Irrigation System for Common Landscaped Area. The Association shall have the right to install,
operate and maintain an irrigation system on the Common Areas. The Association shall also have
the right to attach irrigation system control panels to the exterior of Homes and to connect to the
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electrical system of said Homes for the sole purpose of providing a nominal amount of electricity
to operate the irrigation system control panels for the landscaped areas. The Owner of any Home
which has such a control panel attached to it shall be entitled to a reimbursement from the
Association for the estimated cost of electricity to operate said control panel used in irrigating the
Common Areas. To the extent water service for the irrigation system is connected a Lot Owners
water service the Association will reimburse the Lot Owner for any water used in irrigation of the
Common Areas. Any water or electricity used to irrigate and maintain landscaped areas on a Lot
will be at the Lot Owners expense.
4.7 Implied Rights The Association may exercise any right, power or privilege given to it expressly
by this Declaration or by law, and every other right or privilege reasonably implied from the
existence of any right or privilege given to it herein or reasonably necessary to effectuate any such
right or privilege.
4.8 Power of Attorney and Amendments Each Owner makes, constitutes and appoints the
Association its true and lawful attorney in its name, place and stead to make, execute, sign,
acknowledge and file with respect to the Subdivision such amendments to this Declaration and the
Map as may be required by law or by vote taken pursuant to the provisions of this Declaration.
ARTICLE V
ASSESSMENTS
5.1 Agreement to Pay Assessments Each Lot with a Home shall be assessed equally , with equivalent
allocations of common expenses for both annual assessments and special assessments, as set forth
herein. Declarant shall have no obligation to pay the assessments on Lots owned by Declarant,
imposed by the Board to meet the Common Expenses; but Declarant agrees to pay to the
Association a sum equal to the difference between the monthly cost of operating an maintaining
the Association, exclusive of reserves, and the amount of funds payable by other Owners to the
Association. This obligation of the Declarant to subsidize the operations of the Association shall
terminate when Declarant relinquishes its right to appoint the Association's Board. Subsequent to
such relinquishment, Declarant shall be obligated as any other Owner in reference to Lots then
owned by Declarant to pay the estimated Common Expense assessments imposed by the Board to
meet Common Expenses. Each Owner of any Lot by the acceptance of instruments of conveyance
and transfer therefor, whether or not it be so expressed in said instruments, shall be deemed to
covenant and agree with each other and with the Association to pay to the Association all
assessments made by the Association as set forth herein.
5.2 Annual Assessments Annual Assessments shall be computed and assessed against all Lots in the
Subdivision as follows:
5.2.1 Common Expenses Annual assessments shall be based upon advance estimates of the
Association's cash requirements to provide for payment of all estimated expenses arising
out of or connected with the maintenance and operation of the Common Areas. Such
estimated expenses may include, without limitation, the following: Expenses of
management; premiums for all insurance that the Association is required or permitted to
maintain hereunder; repairs and maintenance, including, but not limited to, streets,
sidewalks, and water and sewer mains; wages of Association employees; utility charges;
legal and accounting fees; any deficit remaining from a previous period; creation of an
adequate contingency reserve for major maintenance repairs, and replacement of those
Common Facilities that must be replaced on a periodic basis; and any other expenses and
liabilities which may be incurred by the Association for the benefit of the Owners under
or by reason of this Declaration. Such shall constitute the Common Expense, and all
funds received from assessments under this Section 5.2.1 shall be part of the Common
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Expense Fund. Two separate and distinct funds shall be created and maintained
hereunder, one for operating expenses and one for capital expenses which together shall
constitute the Common Expense Fund.
5.2.2 Apportionment Common Expenses will be apportioned among, and assessed to, all Lots
and their Owners equally. The Declarant will be liable for the amount of any assessments
against Lots owned by it, subject to the provisions of Article 5. 1, above.
5.2.3 Annual Budget Annual assessments will be determined on the basis of a fiscal year
beginning January 1 and ending December 31 next following, provided the first fiscal
year shall begin on the date of this Declaration, and, on or before December 1 of each
year thereafter, the Board of Directors will prepare and furnish to each Owner or cause to
be prepared and furnished to each Owner, an operating budget for the upcoming fiscal
year. The budget shall itemize the estimated Common Expenses for such fiscal year,
anticipated receipts (if any) and any deficit or surplus from the prior operating period.
The budget shall serve as the supporting document for the annual assessment for the
upcoming fiscal year and as the major guideline under which the Subdivision shall be
operated during such annual period.
5.2.4 Maximum Annual Assessment. Until January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment shall be
$480.00 per Lot. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment my be
increased each year not more than 20% above the maximum allowable assessment for the
previous year without a vote of the membership. From and after January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased above 20% by a vote of two - thirds (2/3) of the Owners who
are voting in person or by proxy, at a meeting called for this purpose. The Board may fix
the annual assessment at an amount not in excess of the maximum.
5.2.5 Notice and Pant Except with respect to the first fiscal year, the Board of Directors
will notify each Owner in writing as to the amount of the annual assessment against its
Lot on or before December 1 each year for the fiscal year beginning on January 1 next
following. Except as otherwise provided by the Board, each annual assessment shall be
payable in monthly installments, the first such installment due on the first day of the first
full calendar month following the date of the notice of annual assessment, and the
remaining due on the I" day of every month thereafter. The Association shall have the
right to charge a late fee equal to a minimum of ten percent (10 %) of any assessment not
paid within five (5) days of the due date thereof. In addition, all unpaid installments of
any assessment shall bear interest at the rate established by the Board of Directors not to
exceed eighteen percent (18 %) per annum from five (5) days after the date each such
installment became due until paid. The failure of the Board of Directors to give timely
notice of any annual assessment as provided herein shall not be deemed a waiver or
modification in any respect of the provisions of this Declaration, or a release of any
Owner from the obligation to pay such assessment.
5.2.6 Inadequate Funds. In the event the Common Expense Fund proves inadequate at any
time for whatever reason, including nonpayment of any Owner's assessment, the Board
of Directors may, on behalf of the Association, levy additional assessments in accordance
with the procedure set forth in Section 5.3, below, except that the vote therein specified
shall be unnecessary.
5.3 Special Assessments In addition to the annual assessments authorized by this Article, the Board
of Directors may, on behalf of the Association, levy, at any time and from time to time, on the
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conditions set forth below, special assessments, payable over such periods as the Board of
Directors may determine, for the purpose of paying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of all or any portion of the
Common Areas, or for any other expenses incurred or to be incurred as provided in this
Declaration (including, without limitation, Common Expenses).
5.3.1 Vote Required Any special assessment shall require the affirmative vote of two thirds
(2/3) of the votes of each class of Owners who are voting in person or by proxy at a
meeting called for such purpose. Notice of the meeting shall be sent to all Owners no
less than thirty (30) nor more than sixty (60) days before the meeting. At the meeting,
the presence of Owners, in person or by proxy, entitled to cast sixty percent (60 %) of all
the votes (exclusive of suspended voting rights) of Owners shall constitute a quorum. If
the required quorum is not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent meeting shall be Owners
entitled to cast thirty percent (30 %) of all the votes (exclusive of suspended voting rights)
of the Owners.
5.3.2 Not an Independent Source of Authority This section will not be construed as an
independent source of authority for the Association to incur expenses but will be
construed to prescribe the manner of assessing for expenses authorized by other sections
or articles of this Declaration. Special Assessments shall be apportioned among and
assessed to the Lots and their Owners equally. Notice in writing of the amount of each
special assessment and the time by which payment is due shall be given promptly to the
Owners; no payment shall be due less than thirty (30) days after such notice shall have
been given. All unpaid portions of any special assessment shall bear interest at the rate
established by the Board of Directors not to exceed eighteen percent (18 %) per annum
from the date such portions become due until paid. All funds received from assessments
under this section shall be part of the Common Expense Fund.
5.4 Lien for Assessments All sums assessed to Owners of any Lot within the Subdivision pursuant to
the provisions of this Article, together with late charges, costs of collection including legal fees
and interest thereon as provided herein, shall be secured by a lien on such Lot, superior to any
homestead exemption, in favor of the Association. To evidence such a lien, the Board of
Directors may prepare a written notice of lien setting forth the amount of the assessment, the date
due, the amount remaining unpaid, the name of the Owner of the Lot and a description of the Lot.
Such a notice shall be signed and acknowledged by a duly authorized officer of the Association
and may be recorded in the office of the County Recorder of Pueblo County, State of Colorado.
No notice of lien shall be recorded until there is a delinquency in payment of the assessment.
Such lien may be enforced by sale or foreclosure conducted in accordance with the provisions of
law applicable to the exercise of powers of sale or judicial foreclosure of deeds of trust or
mortgages or in any other manner permitted by law. In any exercise of a power of sale remedy,
the Association may appoint its attorney or any title insurance company to act as the trustee in
connection with such sale and said trustee shall have all of the rights and powers necessary to
convey title to the Lot to the purchaser at any foreclosure sale. In any such foreclosure, the Owner
shall be required to pay the costs and expenses of such proceeding (including reasonable
attorney's fees), and such costs and expenses shall be secured by the lien being foreclosed. The
Owner shall also be required to pay to the Association any assessments against the Lot which shall
become due during the period of foreclosure, and all such assessments shall be secured by the lien
being foreclosed. The Board of Directors shall have the right and power on behalf of the
Association to bid in at any foreclosure sale and to hold, lease, mortgage or convey the subject Lot
in the name of the Association. The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage or first deed of trust of record and to any executory
land sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is
seller, whether such contract is owned by the Veterans Administration or its assigns, and whether
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such contract is recorded or not. Sale or transfer of any Lot shall not affect the lien for said
assessment charges except that sale or transfer of any Lot pursuant to foreclosure of any such first
mortgage or deed of trust or any such executory land sales contract or any proceeding in lieu
thereof, including deed in lieu of foreclosure, or cancellation or forfeiture of nay such executory
land sales contract shall extinguish the lien of assessment charges which became due prior to any
such sale or transfer or foreclosure or any proceeding in lieu thereof, including deed in lieu of
foreclosure, or cancellation or forfeiture of any such executory land sales contract. No such sales,
transfer, foreclosure or any proceed in lieu thereof, including deed in lieu of foreclosure, nor
cancellation or forfeiture of any such executory land sales contract shall relieve any Lot from
liability for any assessment charges thereafter becoming due nor from the lien thereof.
5.5 Personal Obligation of the Owner The amount of any annual or special assessment against any
Lot shall be the personal obligation of the Owner of such Lot to the Association. Suit to recover a
money judgment for such personal obligation shall be maintainable by the Association without
foreclosing or waiving the lien securing the same. No Owner may avoid or diminish any such
personal obligation by waiver of the use and enjoyment of any of the Common Areas or by
abandonment of its Lot or by waiving any services or amenities provided for in this Declaration.
In the event of any suit to recover a money judgment of unpaid assessments hereunder, the
involved Owner shall pay the costs and expenses incurred by the Association in connection
therewith, including reasonable attorney's fees.
5.6 Personal Liability of Purchaser The personal obligation of an Owner to pay unpaid assessments
against its Lot as described herein shall not pass to successors in title unless assumed by them.
Provided, however, a lien to secure unpaid assessments shall not be affected by the sale or transfer
of the Lot unless by foreclosure of a first mortgage recorded before the delinquent assessment was
due, in which case the foreclosure will extinguish the lien for any assessments that were payable
before the foreclosure sale, but shall not relieve any subsequent Owner from paying further
assessments.
5.7 Reserve Fund The Association shall establish and maintain an adequate reserve fund for the
periodic maintenance, repair and replacement of all or any portion of the Common areas the
Association might be obligated to maintain, repair or replace. The reserve fund shall be
maintained out of regular assessments for Common Expenses. The Declarant shall establish an
initial working capital fund equal to two months assessments for each Lot. Declarant will be
entitled on closing of the sale of a Lot to recoup and recover the two month working capital
payment from the purchaser of the Lot. To the extent that Declarant develops the Lots in phases
the working capital payment may be made in connection with the development of each phase.
5.8 Evidence of Payment of Annual and Special Assessments Upon receipt of a written request by an
Owner or any other person, the Association within a reasonable period of time thereafter shall
issue to such Owner or other person a written certificate stating (a) that all annual and special
assessments (including interest, costs and attorney's fees, if any) have been paid with respect to
any specified Lot as of the date of such certificate, or (b) if all annual and special assessments
have not been paid, the amount of such annual and special assessments (including interest, costs
and attorney's fees, if any) due and payable as of such date. The Association may make a
reasonable charge for the issuance of such certificates, which charges must be paid at the time the
request for any such certificate is made. Any such certificate, when duly issued as herein
provided, shall be conclusive and binding with respect to any matter therein stated as against any
bona fide purchaser of, or mortgagee on, the Lot in question.
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ARTICLE VI
RESIDENTIAL COVENANTS
6.1 Land Use and Building Type No Lot will be used except for single family, residential purposes,
except for common amenities and facilities. No building will be placed or permitted to remain on
any Lot other than one single family dwelling not to exceed two stories in height except for
common recreation facilities, community buildings and clubhouses which may not exceed thirty -
five (35) feet in height. All land use and buildings will be in compliance with all zoning and land
use ordinances and regulations of the municipalities and agencies governing the Subdivision and
all landscaping, grading and drainage of the land of each Lot will be completed so to comply with
the applicable grading and draining plan, as approved by the City of Pueblo for the Subdivision
and the Lots therein.
6.2 Construction Requirements All homes will be single family residential use with a minimum of
864 square feet of enclosed heated living area, exclusive of carports, garages and open porches or
patios. All construction upon a Lot must be new construction, which includes manufactured
homes. In the event an Owner desires to include additional storage space, said storage space will
be in the form of a storage shed, a basement, or a garage. All construction requirements
contained in this section with regard to the construction of homes will apply equally to the
construction of storage sheds and garages. Except with prior written approval of the Architectural
Control Committee no homes may have metal trim roofs or aluminum exterior siding and the roof
pitch on all homes will be at least 3/12. Exteriors on all homes will be finished with brick, stucco,
masonite, hardboard, wood or vinyl siding or the equivalent as approved by the Architectural
Control Committee. Driveways are required and will be paved or concrete. All front and back
porches must be approved by the Architectural Control Committee prior to construction.
6.3 Landscaping Within six (6) months after occupancy or completion of a home, whichever occurs
first, or, for homes completed or occupied after September -) x , by June 30 of the following year,
the Owner of such home will have completed preliminary landscaping of the Lot, which
preliminary landscaping will include (i) establishing a lawn by seeding or by laying sod, and (ii)
planting at least one deciduous tree with a caliper of at least two (2) inches in the front portion of
the Lot, or as established and approved by the Architectural Control Committee. An Owner who
sells a home before completing the landscaping will remain responsible to cause the Lot to be
properly landscaped within the original time frame. The selling Owner's obligation in this section
is not transferable or assignable. An Owner has an ongoing obligation to maintain the Landscaping
on the Lot.
6.4 Building Location Homes will be set back from any street or Lot lines in accordance with those
shown on the Plat or the Special Area Plan.
6.5 Utility Easements Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the Subdivision Plat. Within these easements, no structure,
planting or other materials will be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the direction or flow of
drainage channels in the easements. The easement area of each Lot and all improvements in it will
be maintained continuously by the Owner of the Lot, except for those improvements for which a
public authority or utility companies are responsible. Lot Owner assumes the responsibility for
damage, repair and replacement of items encroaching on the easement.
6.6 No Redivision of Lots No Lot or Lots may be redivided for the purpose of creating any
additional building sites.
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6.7 Nuisances No noxious or offensive activity will be carried on upon any Lot nor will anything be
done thereon which may be or may become an annoyance or nuisance to the neighborhood. No
rubbish or debris of any kind will be placed or permitted upon any Lot, and no odors will be
permitted to arise from such rubbish or debris, which would render any part of the Lot unsanitary
or unsightly or which would be offensive or detrimental to any other part of the Subdivision, or to
the occupants thereof. All automobiles exposed to view from the front of a home, or any other
Lot, or any street or road, will be maintained in good running condition, properly licensed, and
will be regularly used. Parking of automobiles or other vehicles on the streets within the
Subdivision is prohibited. No commercial or industrial type vehicles, larger than a one ton truck
will be stored or parked on any Lot in the Subdivision except during actual use for construction
on a Lot or maintenance of the Subdivision.
6.8 Oil and Mining Operations No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind will be permitted upon or in any Lot no will oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other
equipment designed for use in boring for oil, natural gas or other minerals will be erected,
maintained or permitted upon any Lot.
6.9 Livestock, Poultry and Pets No animals, livestock, or poultry of any kind will be raised, bred or
kept on any Lot, except for a maximum of two (2) dogs, cats or other household pets, provided
they are not kept, bred or maintained for any commercial purpose and that they are strictly
controlled pursuant to local ordinances. No more that two(2) such pets will be allowed per Lot.
No outside pens, runs or pet dwelling places may be maintained upon any Lot, nor may pets be
chained outside of the Home. Pets outside of a Home must be on a leash and accompanied by the
Owner. Fierce, dangerous or vicious animals will not be permitted. The Owner of any pet will be
responsible for the cleanup of the pet's waste, and will conduct such cleanup promptly.
6.10 Fireplaces and Wood Burning Devices All fireplaces and wood burning devices will meet all
Federal, State and local environmental laws and guidelines.
6.11 No Hazardous Activities No activities will be conducted on the Subdivision and no improvement
constructed on the Subdivision which are or might be unsafe or hazardous to any person or
property. Without limiting the generality of this restriction, no firearms will be discharged upon
the Subdivision and no open fires nor incinerators will be lighted or permitted in the Subdivision
except in a contained barbeque unit while attended and in use for cooking purposes or within a
safe and well - designed fireplace.
6.12 Antennae and Satellite Dishes Television or other antennae will be located or screened so as not
to be visible from the nearest street(s) or roadway(s). If it can be demonstrated that it is not
possible to receive signals from such a location the Architectural Committee may grant a variance.
No satellite dish shall exceed one (1) meter in diameter. No broadcast antenna mast may exceed
the height of the center ridge of the roofline. No MMDS antenna mast may exceed the height of
twelve feet (12') above the center ridge of the roofline. This section shall be interpreted as
restrictively as possible but without violating the Telecommunications Act of 1996.
6.13 Motorbikes and Similar Vehicles All motorcycles, trail bikes, three or four wheel powered
devices, automobiles, and two or four -wheel drive recreational type vehicles are to be operated
only on established roads and streets and are specifically prohibited from all Common Areas,
footpaths and walkways.
6.14 Recreational Vehicles, Boats, Campers, Etc Recreational vehicles, trailers, boats, tractors,
vehicles other than automobiles, campers not on a truck, snowmobiles, snow removal equipment
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and garden or maintenance equipment will be kept at all times, except when in actual use, in a
location not visible from an adjoining Lot or from the street or roadway which runs adjacent to
the Lot.
6.15 Garbage and Refuse Disposal No Lot will be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste materials will not be kept except in closed sanitary
containers. All equipment for the storage or disposal of such material will be kept in a clean and
sanitary condition and away from public view except on those days specified as garbage pickup
days, in which case they will be removed from the public view within twelve (12) hours following
the time said garbage is picked up.
6.16 Owner's Upkeep of General Appearance of Subdivision and Lots Each Owner of a Lot (whether
vacant or otherwise), in the Subdivision, will be responsible for maintaining his Lot clear of
rubbish and unsightly debris and will keep said Lot free from weeds or any other unsightly
growth, condition or hazard. Each Owner shall be responsible for maintaining and keeping in good
repair driveways, sidewalks and underground utilities that exclusively serve their Lot. Such
responsibility, for underground utilities, commences at the point of connection to the main. No
improvement on the Lot will be permitted to fall into disrepair, and each improvement will at all
times be kept in good condition and repair and adequately painted or otherwise finished by its
Owner. Should an Owner permit the improvements upon a Lot to fall into disrepair the
Association may, but is not required to, have the necessary maintenance performed and bill the
Owner for all costs incidental thereto. Such costs, if not paid by the Owner within ten days, shall
become a lien upon the Lot which may be enforced as otherwise provided herein for the
enforcement of liens.
6.17 Unsightly Articles No unsightly articles will be permitted to remain on a Lot so as to be visible
from any other Lot. Without limiting the generality of the foregoing, refuse, garbage and trash
will be kept at all times in a covered, noiseless container and any such container will be kept
within an enclosed structure or appropriately screened from view. Service areas, storage piles,
compost piles and facilities for hanging, drying or airing clothing or household fabrics will be
appropriately screened from view. No lumber, grass, shrub or tree clippings or plant waste,
metals, bulk materials or scrap or refuse or trash will be kept, stored or allowed to accumulate on
any Lot except within an enclosed structure or when appropriately screened from view.
6.18 Temporary or Other Structures No structures of a temporary nature, recreational vehicle, trailer,
basement home, tent, shack, garage, barn or other outbuildings will be used at any time as a
residence either temporarily or permanently, nor will said structures be permitted on the Lot at any
time. No old or secondhand structures will be moved onto any Lot, it being the intention hereof
that all homes erected on Lots or within the Subdivision will be new construction of good quality,
workmanship and material. Notwithstanding any provision herein contained to the contrary, it
will be expressly permissible for the Declarant or home builders building or setting up homes
within the Subdivision to maintain during the period of construction and sale of homes, such
facilities as may be reasonable required, convenient or incidental to the construction and sale of
the homes, including, without limitation, a business office, storage area(s), construction yards,
signs, model units and sales office.
6.19 M . No sign of any kind will be displayed to the public view without the approval of the
Architectural Control Committee, except (i) such signs as may be used by Declarant in connection
with the development of the Subdivision and the sale of homes or Lots; (ii) signs in support of an
ongoing political campaign, which signs will be promptly removed at the end of the campaign;
and (iii) residential identification signs not to exceed one (1) square foot in surface area. Numbers
on residences will be located in a position clearly legible from the street. One for sale sign per lot,
not to exceed two feet by three feet in size, may displayed subsequent to Declarants having sold
95% of the Lots to Home Owners.
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6.20 Auto Repair No major repairing or overhauling of cars, trucks or recreational vehicles will be
permitted on the streets, roadways, driveways, or parking areas of the Subdivision.
6.21 Rental of Home. In the event a home is rented to third parties other than the Owners, each Owner
will nevertheless be responsible for the compliance with all the terms and provisions of this
Declaration and for requiring any tenant to comply with the terms and conditions hereof. Any
such lease must be in writing and a copy furnished to Declarant and the Association prior to the
commencement of the lease.
6.22 Garage Doors. Garage doors shall be kept closed when not in use.
6.23 No Violation of Law. No Owner nor Owner's guest shall do anything or keep anything in or on
the Subdivision which would be immoral, improper, offensive or in violation of any statute, rule,
ordinance, regulation, permit or other validly imposed requirement of any governmental body.
6.24 No Business Use. No Lot or Home shall ever be used or caused, allowed, or authorized in any
way, directly or indirectly, to be used for any business, commercial, manufacturing, industrial,
mercantile, storing, vending , or other purpose, except for a home office which does not generate
visitor traffic; provided, however, that Declarant, its successors or assigns, may use a Lot or Lots
or Home or Homes owned by Declarant for such facilities as in Declarant's sole opinion may be
reasonably required, convenient or incidental to the construction and sale of Homes, including a
business office, storage area, construction yard, signs, and display and sales office during the
construction and sales period.
6.25 Exemption for Declarant Nothing in this Declaration will limit the right of Declarant to complete
excavation, grading and construction of improvements on or to any Lot owned by Declarant, or to
alter such improvements, or to construct such additional improvements on a Lot as Declarant
deems advisable so long as such Lot remains unsold.
ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE
7.1 Formation An Architectural Control Committee, hereinafter referred to as the "Committee ", is
hereby established and will be comprised of three (3) persons to serve for a period of five (5) years
of the hereof and until their successors will be appointed and qualified. The Committee is initially
composed of Robert L. Drabkin, Stuart Turner and Dominic M. Maimone. At such time as the
Declarant owns no more Lots in the Subdivision, then the Committee Members by the Declarant
will be conclusively deemed to have resigned from the Committee. Vacancies occurring as a
result thereof and at the expiration of each five (5) year term thereafter will be appointed by a
majority of the Owners who are present at a special meeting called for the purpose of filling such
vacancy(ies).
7.2 No Compensation No member of the Committee will be entitled to any compensation for service
performed on said Committee, unless approved by the Board of Directors. A majority of the
Committee may designate a representative to act for it.
7.3 Plans to be Submitted Before the commencement of the construction, remodeling, addition to, or
alteration of or removal of any building, swimming pool, front or back porches, wall, fence, out
building or any other structure whatsoever, on any Lot, and further to include landscaping
construction including ponds, water walls, statues, retaining walls or other structural component,
which is visible from any street, they will apply to the Committee for approval. There will be
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submitted to the Committee: (a) a complete set of plans, including but not limited to, foundations,
floor plans, elevations, details, specifications which identify construction material, exterior color
scheme, and a site plan showing the location of the structure on the Lot identifying all construction
including but not limited to roof overhang lines, all setbacks at point of minimum distance to each
property boundary, dimension of Lots, all walks, drives, patios, decks, and walls and /or fences and
their construction materials, which set of plans and specifications upon approval will be retained
by the Committee to remain on file; (b) if deemed necessary by the Committee, the following may
be required: (1) colors and samples of exterior materials, (2) wall sections, (3) roof plan, (4)
details of furnishings, (5) the Owner's proposed construction schedule, and (6) an architect's
rendering showing the perspective view of the proposed construction. These renderings may be in
pencil or ink line drawings.
7.4 Approval in Writing No building, structure, or improvements of any kind, including walls and
landscaping, will be erected, altered, placed or maintained upon any Lot unless, and until the
complete set of final plans and specifications have been approved in writing by the Committee as
to quality of workmanship and materials, harmony of external design with existing structures, and
as to location with respect to topography and finish grade elevation. Any resurfacing or painting
of the exterior wall areas will be completed in a color texture as close to the original as possible,
unless the consent of the Committee is obtained in writing as to a different color and /or texture
and except as hereafter provided.
7.5 Committee's Rights and Duties The Committee will have the right to disapprove any plans,
specifications or details submitted to it aforesaid, in the event such plans and specifications are not
in accord with all the provisions of these restrictions, or if a design or color scheme in the
proposed structure is not in harmony with the general surroundings or in harmony with the Lot or
adjacent structure, or if the Committee deems the plans and specifications to be contrary to the
spirit and intent of this Declaration, or contrary to the interest and the welfare and rights of all or
any part or the Subdivision. In approving or rejecting plans, the Committee will have the right to
take into consideration the impact of the proposed home upon the views from other Lots.
However, no Owner or Lot is assured of the preservation of their views, and no Owner will have a
right to compel the Committee to approve or reject plans based upon view preservation.
7.6 Time for Action In the event the Committee will fail to approve or disapprove the plans,
specifications and other such information as may be required within thirty (30) days after
submission, then such approval will not be required, provided that no building or structure will be
erected which violates the terms of this Declaration.
7.7 No Personal or Committee Responsibility Neither the Committee, its members, nor the Declarant
will be responsible in any manner whatsoever for any defect in any plans or specifications
submitted or as revised by said Committee or the Declarant, or for work done pursuant to the
requested changes by said plans and specifications.
7.8 Grant of Variances A majority of the Committee may, from time to time, grant exceptions or
variances not in substantial conflict with this Declaration, without the consent of the Owners.
7.9 Work to be Completed in Timely Manner Except for Declarant, the work of constructing any
building on any part of the Subdivision will be completed within six (6) months from the
commencement thereof.
7.10 Committee to Keep Studies and Reports The Committee will keep on file copies of all drainage
and grading studies and reports performed for the benefit of and relating to the Subdivision.
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ARTICLE VIII
WALLS AND FENCES
8.1 If outside perimeter walls are built by an Owner, it will be six foot concrete masonry block
construction, stuccoed or painted on the adjoining property side of the wall in a uniform color
approved by the Committee. The Committee may approve a variance from this standard so long
as the Committee determines that the appearance will be compatible with the area. The yard
fencing will be a minimum of forty -eight inches (48 ") and a maximum of seventy -two inches
(72 ") measured from the higher of the finished grades and will be constructed of cedar or
equivalent wood or of other materials approved by the Architectural Control Committee. No side
yard wall or return may be constructed forward beyond the front of adjacent structures except for
necessary retaining walls, or as approved by the Committee.
8.2 Each Owner agrees to share equally with the abutting Lot Owner the cost of side or rear yard walls
and/or fencing. In the event an adjoining Lot Owner agrees to build a fence or wall with a
neighbor and fails to pay its portion of same, the defaulting Lot Owner may be sued for the costs
thereof, and any such damage award shall include costs and reasonable attorney's fees.
8.3 Where there is a grade difference of more than 18 inches between two Lots, a retaining wall may
be required which will extend to a point where the grade difference becomes less than 12 inches.
8.4 No chain -link, barbed wire, welded wire, or welded pipe fence will be permitted on any Lot unless
the design is approved prior to construction by the Architectural Control Committee. In addition,
wrought iron and cedar may be permitted as determined by the Committee.
8.5 Owners will promptly remove all graffiti from all walls, fences, structures and vehicles on their
Lots.
8.6 Destruction by Fire or Other Casualty, If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it; and if the other Owners thereafter make
use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use
without prejudice, however, to the right of any such Owners to call for a larger contribution from
the others under any rule of law regarding liability for negligent or willful acts or omissions.
8.7 Easements for Encroachments. It is the intent that the Homes shall be placed and constructed on
the Lots so that the common Lot line separating two Homes, or the garages for those Homes, shall
be located between the two adjacent structures along the center of the party wall and shall separate
said adjacent structures. However, Easements for Encroachments are hereby dedicated and granted
along and adjacent to said common Lot lines so that, if any part of any such structure encroaches
across said common Lot line and onto the adjacent Lot, an easement for such encroachment and
for the maintenance of the same shall and does exist. Encroachments referred to herein include
encroachments caused by minor errors in placement of the original construction on the Lots, minor
jogs in foundations or structure walls, and minor deviations between the dimensions shown on the
recorded plat and the actual location of the Lot lines in the field.
ARTICLE IX
DRAINAGE AND EROSION CONTROL
9.1 Each Owner will be responsible for the construction and maintenance of and the handling and
disposal of all surface water drainage and storm runoff from their Lot.
9.2 Each Lot Owner is responsible for complying with all applicable drainage and grading plans and
reports applicable to the Subdivision and for release or retentions of surface water drainage in
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accordance with said plans and each Owner will hold harmless the City of Pueblo and Declarant
from any expense, maintenance and liability connected thereto, including all reasonable attorneys'
fees and costs associated therewith.
ARTICLE X
ENFORCEMENT
10.1 Enforcement of Covenants If any Owner of any Lot in said Subdivision or his/her guests, tenants,
heirs, or assigns violates or attempts to violate any of the conditions, restrictions, declarations or
covenants herein, it will be lawful for the Association or any other person or persons owning any
other Lots in said Subdivision to prosecute any proceeding at law or in equity against the person or
persons (and the Owner of the Lot which is in violation) so violating or attempting to violate any
such conditions, restrictions, declarations or covenants and either to prevent him /her or them from
so doing or to recover damages or other dues for such violations. Any such recovery will include
reasonable attorneys' fees and associated costs.
10.2 Reservation to Declarant In order to enhance and protect the value of the Lots described herein,
the right to prosecute any proceeding at law or in equity against any person or persons violating or
attempting to violate any conditions, restrictions, declarations or covenants set forth herein, either
to prevent such violations or to recover damages or other dues for each violation is also expressly
reserved to the Declarant, whether or not Declarant is a Lot Owner. This reservation will
terminate when improvements have been erected in conformance with these conditions on 100%
of the Lots in the Subdivision.
10.3 No Affect on Valid Mortgages Provided, however, that a breach of any of the foregoing
conditions, restrictions, declarations or covenants will not in any wise affect any valid mortgage or
lien made in good faith and for value and not made for the purpose of defeating the purposes of
such conditions, restrictions, declarations and covenants.
10.4 Declarant's Right to Non - Interference. In addition to the other provisions set forth herein, in order
that the Declarant's work may be completed as rapidly as possible neither any Owner nor the
Association shall do anything to interfere with the Declarant's development of the Subdivision and
construction of Homes thereon.
ARTICLE XI
INSURANCE
11.1 Liability Insurance The Association shall at all times maintain in force, and pay the premium for
a policy providing comprehensive general liability insurance coverage covering all of the
Common Areas, public ways in the Subdivision, if any, all other areas of the Subdivision that are
under the Association's supervision. Such initial coverage shall be at least $1,000,000.00 for
bodily injury, including deaths of persons, and property damage arising out of a single occurrence.
Coverage under such policy shall include, without limitation, legal liability of the insured for
property damage, bodily injuries and deaths of persons with the operation, maintenance, or use of
the Common Areas and legal liability arising out of lawsuits related to employment contracts of
the Association. If such policy does not include "severability of interest" in its terms, the policy
shall include a special endorsement to preclude an insurer's denial of any Owner's claim because
of negligent acts of the Association or any other Owner. Such policy shall provide that it may not
be canceled or substantially modified, by any party, without at least ten (10) days' prior written
notice to the Association and to each First Mortgagee on an individual Lot in the Subdivision.
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11.2 Hazard Insurance A "master" or "blanket" policy of property insurance will be maintained
covering the Common Areas and Facilities to the extent that the items of real, personal and mixed
property constituting such Common Areas and Facilities is of the type normally covered by such
insurance. Such insurance will provide protection against loss or damage by all perils
customarily covered with respect to an amount not less than one hundred percent (100 %) of
current replacement costs of all elements of the Subdivision covered by the policy, exclusive of
land, foundations, excavation, and other items normally excluded from coverage.
11.3 Additional Coverage The provisions of this Declaration will not be construed to limit the power
or authority of the Association to obtain and maintain insurance coverage in addition to any
insurance coverage required by this Declaration, in such amounts and in such forms as the
Association may deem appropriate from time to time.
11.4 Owner's Own Insurance Each Owner, at its own expense, will be responsible for obtaining and
maintaining in force fire, hazard and extended coverage insurance upon its Home and Lot, its
personal property, for its personal liability and covering such other risks as it may deem
appropriate, provided that each such policy shall provide that it does not diminish the insurance
carrier's coverage for liability arising under insurance policies obtained by the Association
pursuant to this article. If obtainable under industry practice without an unreasonable additional
charge for such waiver, all such insurance shall contain a waiver of the insurance company's right
of subrogation against the Association, the Declarant, the Manager, other Owners and their
respective servants, agents and guests.
ARTICLE XII
CONDEMNATION
12.1 Condemnation If at any time or times all or any part of the Common Areas shall be taken or
condemned by any public authority under power of eminent domain, the provisions of this article
shall apply. A voluntary sale or conveyance of all or any part of the Subdivision in lieu of
condemnation, but under threat of condemnation, shall be deemed to be a taking by power of
eminent domain. The Association shall represent the Owners in any condemnation proceedings or
in negotiations, settlements, and agreements with the condemning authority for acquisition of the
Common Areas, or any part thereof, and each Owner hereby appoints the Association as such
Owner's attorney -in -fact for the purposes of such representation.
12.2 Proceeds All compensation, damages and other proceeds from any such taking of Common
Areas by power of eminent domain (hereinafter the "condemnation award ") will be made payable
to the Association and shall be allocated and distributed to the Owners by the Board of Directors,
on behalf of the Association, as provided below.
12.3 Complete Taking In the event the entire project is taken by power of eminent domain, ownership
pursuant to this Declaration shall terminate, and the condemnation award shall be allocated and
distributed to the Owners and the Owners shall divide the condemnation award based upon the
relative value of the Lots and Homes immediately prior to the condemnation. Such distribution
shall be made by check payable jointly to the Owners and their respective mortgagees, as
appropriate.
12.4 Partial Taking In the event that less than the entire Subdivision is taken by power of eminent
domain, then:
12.4.1 Allocation of Proceeds As soon as practicable, the Board of Directors on behalf of the
Association, shall (i) if apportionment or allocation is already established by negotiation,
judicial decree, statute, or otherwise, employ such apportionment or allocation to the
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extent that it is relevant and applicable; or (ii) if apportionment or allocation has not been
established or is not applicable to the entire condemnation award, reasonably and in good
faith apportion the condemnation award or the portion thereof not already apportioned
between compensation, severance damages or other proceeds and shall allocate and pay
the proceeds to the Owners as follows:
(a) The total amount apportioned to taking of or injury to the Common Areas shall be
allocated among and distributed to all Owners (including Owners whose entire Lots have
been taken) equally.
(b) The total amount apportioned to severance damages will be allocated among and
distributed equally to the Owners whose Lots have not been taken.
(c) The respective amounts apportioned to the taking of or injury to a particular Lot shall be
distributed to the Owner or mortgagee on that Lot, as appropriate.
(d) The total amount apportioned to consequential damages and any other takings or injuries
shall be allocated and distributed as the Board determines to be equitable under the
circumstances.
(e) Distribution of allocated proceeds shall be made by check payable jointly to individual
Owners and their respective mortgagees, as their interests may appear.
12.4.2 Reorganization of the Subdivision After a partial taking, ownership pursuant to this
Declaration shall continue, and the Subdivision shall be reorganized as follows:
(a) If an entire Lot is taken, the Owner of that Lot will no longer be a member of the
Association and all voting rights appertaining to that Lot shall terminate.
(b) If a portion of a Lot is taken, the voting rights appertaining to that Lot shall continue,
unless the Board of Directors, after considering any recommendations from the Owners,
determine that the portion of the Lot not taken cannot be practically used as a Lot, in
which case the voting rights shall terminate and the remaining portion of such Lot shall
thenceforth be part of the Common Areas.
(c) The Board of Directors shall have the duty and authority to take all actions necessary or
appropriate to effectuate reorganization of the Subdivision.
ARTICLE XIII
DAMAGE OR DESTRUCTION
13.1 Association as Attorney -in -Fact Each of the Owners irrevocably appoint the Association as its
true and lawful attorney -in -fact for the purpose of dealing with damage or destruction of the
Common Areas, as provided for herein. Acceptance by any grantee of a deed from the Declarant
or from any Owner shall constitute an appointment by that grantee of the Association as the
grantee' attorney -in -fact for the purpose set forth above. As attorney -in -fact, the Association shall
have full and complete authorization to make, execute and deliver any contract, deed or other
instrument with respect to the Common Areas which may be necessary or appropriate to exercise
the powers granted in this Article.
13.2 Procedure In the event that all or any part of the Common Areas should be damaged or
destroyed, the Association shall proceed as follows:
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(a) As soon as practicable, the Association shall obtain estimates of the costs to repair and
reconstruct the part of the Common Areas damaged or destroyed.
(b) If the proceeds of the insurance maintained by the Association equal or exceed the
estimated costs of repair or reconstruction, the Association shall effect such repair or
reconstruction with such proceeds. If insurance proceeds are less than the estimated costs
of repair or reconstruction, the Association shall levy a special assessment sufficient to
provide the additional funds needed to pay the actual costs of repair or reconstruction,
without the necessity of the vote normally required under this Declaration for special
assessments. Such insurance proceeds and funds from assessments shall constitute a
Repair Fund.
(c) As soon as practicable, the Association shall commence and diligently pursue to
completion the repair and reconstruction of the Common Areas damaged or destroyed.
The Association may take all actions necessary or appropriate to effect such repair or
reconstruction, as attorney -in -fact for the Owners, and no consent or other action by any
Owner shall be necessary in connection therewith, except as otherwise expressly
provided in this Declaration. The Common Areas shall be restored to substantially the
same condition in which they existed prior to the damage or destruction.
(d) After repair or reconstruction, if a balance remains in the Repair Fund, it shall be
distributed to the Owners equally.
ARTICLE XIV
MORTGAGEE PROTECTION
14.1 Notice of Action Upon written request made to the Association by a First Mortgagee, which
written request shall identify the name and address of such First Mortgagee, and the number and
address of the Lot, any such First Mortgagee, shall be entitled to timely written notice of
(a) Any delinquency in the payment of assessments or charges owned by an Owner, whose
Lot is subject to a First Mortgage held by such First Mortgagee, which default remains
uncured for a period of sixty (60) days;
14.2 Availability of Project Documents and Financial Statements The Association shall maintain and
have current copies of the Declaration, Articles, Bylaws, and other rules concerning the
Subdivision as well as its own books, records, and financial statements available for inspection,
upon reasonable notice and at reasonable hours, by Owners or by holders of First Mortgages that
are secured by Lots in the Subdivision.
ARTICLE XV
MISCELLANEOUS
15.1 Notice to Prospective Purchasers Prospective purchasers of a Lot(s) in the Subdivision should,
before purchasing, become familiar with the area in which the Subdivision is located, including
the land uses, activities, etc., in the area.
15.2 Term This Declaration will be effective upon the date of recordation hereof and, as amended
from time to time, will continue in full force and effect for a term of fifty (50) years from the date
this Declaration is recorded. From and after said date, this Declaration, as amended, will be
automatically extended for successive periods of twenty (20) years each, unless there is an
affirmative vote to terminate this Declaration by sixty -seven percent (67 %) of the Owners of Lots
in the Subdivision (one (1) vote per Lot) cast at an election held for such purpose or
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otherwise approved in writing by such Owners within six (6) months prior to the expiration of the
initial effective period hereof or any twenty (20) year extension.
15.3 Notices Any notice required or permitted by this Declaration to be given any Owner will be
deemed to have been given if mailed, postage prepaid, to the person who appears as an Owner, at
the latest address for such person appearing in the applicable public records.
15.4 Severability. Invalidation of any one of these covenants by court decree will in no wise affect any
of the other provisions, which will remain in full force and effect.
15.5 Amendment This Declaration may be amended by the written approval of not less than Sixty-
seven percent (67 %) of the Owners of the Lots within the Subdivision (one (1) vote per Lot).
15.6 Certification of Fee Simple Ownership The Declarant hereby certifies that it is the fee simple
Owner of the Lots within the Subdivision.
15.7 Master Association. Declarant intends to develop the Subdivision into an eastern and a western
community, separated by Scott Avenue. Declarant retains the right to designate a Master
Association for both the eastern and western communities and to designate the eastern and western
communities as separate associations, subject to the Master Association. The Board of the Master
Association would be comprised of members from both communites and would be selected by the
executive board of each of the associations, as specified in documents to be adopted by the
Declarant. As an alternative, Declarant may designate the eastern and western communities as
separate associations, not subject to any Master Association.
15.8 Declarant's Rights Assignable The rights of Declarant under this Declaration or in any way
relating to the Subdivision may be assigned, whereupon the assignee of Declarant will have all the
rights of Declarant hereunder.
15.9 Covenants Run With the Land This Declaration and all of the provisions hereof will constitute
covenants to run with the land or equitable servitudes, as the case may be, and will be binding
upon and inure to the benefit of the Declarant, all parties who hereafter acquire any interest in a
Lot, and their respective grantees, transferees, heirs, devisees, personal representatives, successors
and assigns. Each Owner or occupant of a Lot or Home will comply with, and all interest in all
Lots will be subject to, the terms of this Declaration and the provisions of any rules, regulations,
agreements, instruments and determinations contemplated by this Declaration. By acquiring any
interest in a Lot, the party acquiring such interest consents to, and agrees to be bound by, each and
every provision of this Declaration.
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IN WITNESS WHEREOF, the undersigned has executed this Declaration the day
and year first above written.
DECLARANT:
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STATE OF COLORADO )
COUNTY OF PUEBLO )
1.1.1
Foothills Pueblo East LLC
Foothills Pueblo West LLC
Colorado liw ted liabit#y a
anager
PJ
On this, the 31st day of August, 2000, the undersigned person, Robert L. Drabkin, personally appeared
before me and acknowledged himself to be the Manager of Foothills Pueblo East LLC, and Foothills Pueblo West
LLC, both Colorado limited liability companies, and as such Manager was authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing in the name of the limited liability company by
himself as manager.
IN WITNESS WHEREOF, I have hereunto set may hand and official seal.
Notary Public for the State of Colorado
My commission expires: CP 1'7 1 g6O -j
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