HomeMy WebLinkAbout06672Reception 1379032
04/19/2001
ORDINANCE NO. 6672
AN ORDINANCE APPROVING THE PLAT OF OAKSHIRE HILLS
SUBDIVISION FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
All of Blocks 1, 2, 3, 4, 5, 6, and 7 both inclusive, AND all of Lots 1 through 4, both
inclusive, Block 8 AND all of Parcels A, E, and F in Oakshire Hills, according to the
recorded plat thereof, filed for record September 22, 2000.
AND
All of vacated Chelton Lane, Cicada Drive, Calderwood Place, Calvert Place, Cambria
Drive, 20 Street, Carver Place, Beaumont Avenue, Colton Court and Colton Place
adjacent thereto.
containing 50.793 acres,
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.
gFC"TTON 2_
The acceptance of such dedicated streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
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.
No person, firm, corporation or other entity shall have any private right of action, claim or
demand against the City or its officers, employees or agents, for any injury, damage or liability
arising out of or in any way connected with the adoption, enforcement, or nonenforcement of
this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering,
surveying, drainage improvement or other work or improvements required thereby. Nothing
in this ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers, employees
or agents, or to waive any of the immunities, limitations on liability, or other provisions of the
Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes,
or to waive any immunities or limitations on liability otherwise available to the City or its
officers, employees or agents.
SF,C",TTON 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.
ATT+E
1 �
City Clerk
INTRODUCED March 26, 2001
B Patrick Aval
APPROVED
of
PASSED AND APPROVED: April 9, 2001
Reception 1379034
04/19/2001
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on April 11, 2001 , between the CITY
OF PUEBLO, a Municipal Corporation ( "City "), and EL CENTRO PUEBLO
DEVELOPMENT CORPORATION, INC., a Colorado Non - Profit Corporation and
OAKSHIRE HILLS, LLLP, a Limited Liability Limited Partnership
( "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
OAKSHIRE HI LLS, FILING NO. 2, A SPECIAL AREA PLAN
( "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 judgement 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:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of
Finance, or with any bank or trust company licensed in the State of Colorado, subject
to an escrow agreement approved by the City Attorney. The holder of such cash or
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1379034 04/19/2001 01:21P SUBD AS Chris
2 of 23 R 115.00 D 0.00 Pueblo C!y Clerk & Rec
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 nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer, to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of
all uncompleted Required Public Improvements in at least one half ('/2) of such
block, and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public
Works is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most 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 construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the
amount of such deposit as a debt due the City from the Subdivider or subsequent
owner, which debt shall be a lien upon all the land in the Subdivision and notice of
lien may be filed for record in the office of the County Clerk and Recorder at any
time after such default. Action upon such debt may be instituted by the City within
six (6) years from the date of filing such lien for record. All remedies provided for
in this agreement are cumulative and the use of one shall not prohibit the use of
another.
DPW 101 2
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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 sole responsibility of the
Subdivider or any subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval
and acceptance of the Required Public Improvements within the required time and
the payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to
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 Works shall cause all collateral or monies in escrow to
DPW 101 3
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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 the Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots, and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and /or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
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 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.
12. Subdivider agrees to provide the City with a current title insurance commitment at
the time of final platting evidencing that fee simple title of all lands in the
Subdivision is totally vested with the Subdivider free and clear of all liens and
encumbrances. If such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and all is terms,
conditions and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the
authority to bring an action in any Court of competent jurisdiction to compel the
enforcement of this agreement or any amendment hereto. Such authority shall
include the right to compel rescission of any sale, conveyance or transfer of any
DPW 101 4
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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.
14. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and be 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.
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.,
a Colorado Non - Profit Corporation
Subdivider
By:
President
By: ma'&u _v�
e retary
STATE OF COLORADO
COUNTY OF PUEBLO
) ss.
The foregoin � � strument was ac wledged before me on Wjti rr &_ 11-� a- /S �il� � L Sov► , President and
.2001 '
by �`�► �
G.t im L m y mr , Secretary of EL CENTRO PUEBLO
DEV OPMENT CORPORATION, INC., a Colorado Non - Profit Corporation,
Subdivider.
My commission expires:
j, //9i`O"pOr 5�;e' 4'
Notary Public
OAKSHIRE HILLS, LLLP,
a Limited Liability Limited Partnership
by EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.,
a Colorado Non - Profit Corporation,
as managing partner
Su bdivide r
By: VUZ
P r e si de nt
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was a knowledged before me on ma 1rej^.. ,
a ' -�Wl , by 0 1j 4eA0& fY& IS . 6O t L So h , President and
M a -Z 4cr , Secretary of EL CENTRO PUEBLO
DEV OPMENT CORPORATION, INC., a Colorado Non - Profit Corporation, as
managing partner of OAKSHIRE HILLS, LLLP, a Limited Liability Limited Partnership,
Subdivider.
. My. commission expires:
Notary Public Ca
It
5a
City Jerk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on Apri 1 16 , 2001
Al Gurul e , as President of City Council, and
Y . ,na Dutcher as City Clerk of the City of Pueblo,
s - Ws":'� ission expires:
i!
r
r
e ��.� rSl✓)y r r
8 -21 -2003
Public
My G"! -mn< " r A � ff AS TO FORM:
City Attorn
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
All of Blocks 1, 2, 3, 4, 5, 6 and 7, both inclusive, AND all of Lots I through 4, both
inclusive, Block 8 AND all of Parcels A, E and F in Oakshire Hills, according to the
recorded plat thereof, filed for record September 22, 2000
WE D
All of vacated Chelton Lane, Cicada Drive, Calderwood Place, Calvert Place, Cambria
Drive, 20 Street, Carver Place, Clover Place, Beaumont Avenue, Colton Court and
Colton Place adjacent thereto.
Containing 50.793 acres.
7
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREET LC LANE - PARCEL "I"
Asphalt (3" Asphalt on 10" Base)
5,754 SY
@
$20.00 /SY =
$115,080
Curb and Gutter
3,039 LF
@
$10.00 /LF =
$30,390
Square Pan Radius
361 SF
@
$4.25 /SF =
$1,534
7" Conc. Pan
539 SF
@
$3.80 /SF =
$2,048
Handicap Ramps
660 SF
@
$3.50 /SF =
$2,310
WATER
10 EA
@
$10.00 /EA =
$100
PVC Water Main
789 LF
@
$35.00 /LF =
$27,615
Fire Hydrant Ass'y.
1 EA
@
$2,500.00 /EA =
$2,500
Services
23 EA
@
$500.00 /EA =
$11,500
Remove Ex. Service Line
1 EA
@
$10.00 /EA =
$10
SANITARY SEWER:
8" PVC Sewer Main
178 LF
@
$29.00 /LF =
$5,162
10" PVC Sewer Main
400 LF
@
$32.00 /LF =
$12,800
48" Manholes
1 EA
@
$2,170.00 /EA =
$2,170
Modify Manhole
2 EA
@
$500.00 /EA =
$1,000
Services
13 EA
@
$775.00 /EA =
$10,075
Remove Ex. Service Line
10 EA
@
$10.00 /EA =
$100
Remove Ex. Sewer Main
400 LF
@
$5.00 /LF =
$2,000
Verify and Mark Ex. Service Line
20 EA
@
$50.00 /EA =
$1,000
STORM M SEWER
24" HDPE Pipe
507 LF
@
$48.00 /LF =
$24,336
18" HDPE Pipe
8 LF
@
$36.00 /LF =
$288
15" HDPE Pipe
68 LF
@
$30.00 /LF =
$2,040
Type "W" Inlet L =6'
2 EA
@
$2,800.00 /EA =
$5,600
Type "W" Inlet L =8'
2 EA
@
$3,400.00 /EA =
$6,800
Type I- B Manhole
3 EA
@
$2,000.00 /EA =
$6,000
8' Sidewalk Drain
1 EA
@
$2,000.00 /EA =
$2,000
8' Concrete Channel
8 LF
@
$30.00 /LF =
$240
STREET LIGHTS
4 EA
@
$1,300.00 /EA =
$5,200
MONUMENT BOX
5 EA
@
$575.00 /EA =
$2,875
BARRICADE
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA @ $825.00 /EA = $825
1 EA @ $200.00 /EA =
CHELTON LANE
$200
;283,698
8
9
1379
��� I!!loz
Puebl o CtY Clerk 8 Roe
10of230R/11°5.001D 0.00
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME:
OAKSHIRE HILLS
DEVELOPER:
EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREETS (CICADA DRIVE - PARCEL "I ")
Asphalt (3" Asphalt on 10" Base)
831 SY @
$20.00 /SY =
$16,620
Curb and Gutter
430 LF @
$10.00 /LF =
$4,300
WATER
PVC Water Main
251 LF @
$35.00 /LF =
$8,785
Services
5 EA @
$500.00 /EA =
$2,500
Remove Ex. Service Line
6 EA @
$10.00 /EA =
$60
Remove Ex. Water Main
125 LF @
$5.00 /LF =
$625
SANITARY SEWER:
8" PVC Sewer Main
248 LF @
$29.00 /LF =
$7,192
Cleanout
1 EA @
$500.00 /EA =
$500
Services
5 EA @
$775.00 /EA =
$3,875
Remove Ex. Service Line
6 EA @
$10.00 /EA =
$60
Remove Ex. Sewer Main
120 LF @
$5.00 /LF =
$600
Remove Ex. 48" Manhole
1 EA @
$500.00 /EA =
$500
STREET LIGHTS
1 EA @
$1,300.00 /EA =
$1,300
MONUMENT BOX
2 EA @
$575.00 /EA =
$1,150
BARRICADE
1 EA @
$825.00 /EA =
$825
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA @
$200.00 /EA =
$200
CICADA
DRIVE $49,092
9
1 11111111111111111 it 11 1111111 11111 11111 iii 111111 III 1111
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
11 of 23 R 113.00 D 0.00 Pueblo C!y Clerk & Roe
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREETS (CALDERU OOOD - P ARC E L "7"
Asphalt (3" Asphalt on 7" Base)
3,015 SY
@
$17.00 /SY =
$51,255
Curb and Gutter
1,521 LF
@
$10.00 /LF =
$15,210
Square Pan Radius
169 SF
@
$4.25 /SF =
$718
7" Conc. Pan
269 SF
@
$3.80 /SF =
$1,022
Handicap Ramps
330 SF
@
$3.50 /SF =
$1,155
Remove and Replace Curb Return
46 LF
@
$12.00 /LF =
$552
WATER
Services 3 EA @ $500.00 /EA = $1,500
Remove Ex. Service Line 3 EA @ $10.00 /EA = $30
SANITARY SEWER:
8" PVC Sewer Main
239 LF
@
$29.00 /LF =
$6,931
Modify Manhole
2 EA
@
$500.00 /EA =
$1,000
Services
5 EA
@
$775.00 /EA =
$3,875
Remove Ex. Service Line
5 EA
@
$10.00 /EA =
$50
Remove Ex. Sewer Main
240 LF
@
$5.00 /LF =
$1,200
Verify and mark Ex. Service Line
14 EA
@
$50.00 /EA =
$700
STORM SEWER:
24" HDPE Pipe
288 LF
@
$48.00 /LF =
$13,824
18" HDPE Pipe
238 LF
@
$36.00 /LF =
$8,568
15" HDPE Pipe
34 LF
@
$30.00 /LF =
$1,020
Type "S" Inlet L =7'
1 EA
@
$3,100.00 /EA =
$3,100
Type "S" Inlet L =8'
1 EA
@
$3,400.00 /EA =
$3,400
Type "W" Inlet L =6'
1 EA
@
$2,800.00 /EA =
$2,800
Type "W" Inlet L =8'
1 EA
@
$3,400.00 /EA =
$3,400
Type 1 -B Manhole
2 EA
@
$2,000.00 /EA =
$4,000
STREET LIGHTS
2 EA
@
$1,300.00 /EA =
$2,600
MONUMENT BOX
5 EA
@
$575.00 /EA =
$2,875
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
$200
CALDERWOOD PLACE 130,985
10
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
12 of 23 R 113.00 D 0.00 Pueblo Cty Clerk 8 Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREETS (CALVERT PLACE - PARCEL "7 ")
Asphalt (3" Asphalt on 6" Base) 1,192 SY @ $16.00 /SY =
Curb and Gutter 547 LF @ $10.00 /LF =
SANITARY SEWER:
8" PVC Sewer Main
255 LF
@
$29.00 /LF =
Services
9 EA
@
$775.00 /EA =
Remove Ex. Service Line
9 EA
@
$10.00 /EA =
Remove Ex. Sewer Main
255 LF
@
$5.00 /LF =
STREET LIGHTS
1 EA
@
$1,300.00 /EA =
MONUMENT BOX
1 EA
@
$575.00 /EA =
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
CALVERT PLACE
$19,072
$5,470
$7,395
$6,975
$90
$1,275
$1,300
$575
$200
$42,352
11
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1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
13 of 23 R 115.00 D 0.00 Pueblo Cty Clerk & Roe
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREETS (CAMBRIA D RIVE - PARCEL "I ")
Asphalt (3" Asphalt on 7" Base)
2,102 SY
@
$17.00 /SY =
$35,734
Curb and Gutter
1,108 LF
@
$10.00 /LF =
$11,080
WATER
PVC Water Main
196 LF
@
$35.00 /LF =
$6,860
Remove Ex. Service Line
6 EA
@
$10.00 /EA =
$60
Services
5 EA
@
$500.00 /EA =
$2,500
Remove Ex. Water Main
241 LF
@
$5.00 /LF =
$1,205
SANITARY SEWER:
8" PVC Sewer Main
200 LF
@
$29.00 /LF =
$5,800
Remove Ex. Service
6 EA
@
$10.00 /EA =
$60
Services
5 EA
@
$775.00 /EA =
$3,875
Verify and mark Ex. Service Line
10 EA
@
$50.00 /EA =
$500
STREET LIGHTS
1 EA
@
$1,300.00 /EA =
$1,300
MONUMENT BOX
1 EA
@
$575.00 /EA =
$575
STREET SIGNS
60' R.O.W. (T- Intersection)
2 EA
@
$200.00 /EA =
$400
a
CAMBRIA DRIVE
$69,949
12
11111111111 111111 IN 1111111 1111111111 iii 111111 iii IN
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
14 of 23 R 113.00 D 0.00 Pueblo Cty Clerk & Ree
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
STREETS (20TH STREET - PARCEL "I ")
526 LF
@
Asphalt (3" Asphalt on 8" Base)
1,939 SY
@
$18.00 /SY =
Curb and Gutter
979 LF
@
$10.00 /LF =
Handicap Ramps
330 SF
@
$3.50 /SF =
WATER
Remove Ex. Service Line
9 EA
@
PVC Water Main
502 LF
@
$35.00 /LF =
Services
7 EA
@
$500.00 /EA =
Remove Ex. Service Lines
6 EA
@
$10.00 /EA =
Remove Ex. Water Main
279 LF
@
$5.00 /LF =
SANITARY SEWER:
8" PVC Sewer Main
526 LF
@
$29.00 /LF =
48" Manholes
2 EA
@
$2,170.00 /EA =
Services
10 EA
@
$775.00 /EA =
Remove Ex. 48" Manhole
1 EA
@
$500.00 /EA =
Remove Ex. Service Line
9 EA
@
$10.00 /EA =
Remove Ex. 8" Sewer Main
359 LF
@
$5.00 /LF =
Verify and Mark Ex. Service Line
2 EA
@
$50.00 /EA =
STORM SEWER:
24" HDPE Pipe
503 LF
@
$48.00 /LF =
18" HDPE Pipe
60 LF
@
$36.00 /LF =
15" HDPE Pipe
72 LF
@
$30.00 /LF =
Type 1 -B Mahhole
3 EA
@
$2,000.00 /EA =
Type "S" Inlet L =6'
1 EA
@
$2,800.00 /EA =
Type "S" Inlet L =7'
1 EA
@
$3,100.00 /EA =
Type "S" Inlet L =15'
1 EA
@
$5,500.00 /EA =
Type "W" Inlet L =8'
2 EA
@
$3,400.00 /EA =
STREET LIGHTS
2 EA
@
$1,300.00 /EA =
MONUMENT BOX
5 EA
@
$575.00 /EA =
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
20TH STREET
$34,902
$9,790
$1,155
$17,570
$3,500
$60
$1,395
$15,254
$4,340
$7,750
$500
$90
$1,795
$100
$24,144
$2,160
$2,160
$6,000
$2,800
$3,100
$5,500
$6,800
$2,600
$2,875
$200
$156,540
13
I 1 1111 1111111 1111111111 iii 111111 iii 1111
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
15 of 23 R 115.00 D 0.00 Pueblo C!y Clerk 8 Roe
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I
MISCELLANEOUS IMPROVEMENTS
WATER
Services (Block 8) 3 EA @ $640.00 /EA = $1,920
SANITARY S
10" PVC Sewer Main (Outfall)
459 LF @
$32.00 /LF =
$14,688
48" Manholes (Outfall)
1 EA @
$2,170.00 /EA =
$2,170
D.I.P. Services (Block 8)
3 EA @
$1,000.00 /EA =
$3,000
Remove Ex. 10" Sewer Main
459 LF @
$5.00 /LF =
$2,295
DETENTION POND
4" Thick -4' Wide Conc. Trickle Par
2040 SF @
$2.50 /SF =
$5,100
Conc. Retaining Wall
983 LF @
$55.00 /LF =
$54,065
Outlet Structure
1 EA @
$9,000.00 /EA =
$9,000
Type "L" Rip Rap
4 CY @
$50.00 /CY =
$200
DETENTION POND
4" Thick -4' Wide Conc. Trickle Par
704 SF
@
$2.50 /SF =
$1,760
Outlet Structure
1 EA
@
$5,000.00 /EA =
$5,000
18" HDPE Pipe
74 LF
@
$36.00 /LF =
$2,664
Type "L" Rip Rap
17 CY
@
$50.00 /CY =
$850
Overflow Spillway
1 EA
@
$4,000.00 /EA =
$4,000
EAST DRY CREEK CHANNEL IMPROVEMENTS
2:1 Concrete' Slope Protection
840 LF
@
$85.00 /LF =
$71,400
8:1 Riprap Slope Protection
443 LF
@
$90.00 /LF =
$39,870
Cutoff Wall with drop
64 LF
@
$30.00 /LF =
$1,920
Cutoff Wall without drop
243 LF
@
$22.00 /LF =
$5,346
Cutoff Wall at westerly toe of slop
745 LF
@
$22.00 /LF =
$16,390
Pyramat in channel bottom
2250 SY
@
$10.00 /SY =
$22,500
Pyramat on channel sides
683 SY
@
$10.00 /SY =
$6,830
EARTHWORK
Earthwork 99777 CY @ $2.00 /CY = $199,554
MISC. IMPROVEMENTS X470,522
TOTAL PHASE I ¢1,203,138
The City of Pueblo will not accept maintenance responsiblities for East Dry Creek Channel
Improvements until all channel improvements are complete. The two year warranty period will
not begin until all channel improvements have been accepted by the City of Pueblo.
14
111111111111111111 IN IIIII1111 IIIII11111 iii 111111 iii 1111
1379034 04/19/2001 01:21P SUED AG Chris C. Munoz
16 of 23 R 119.00 D 0.00 Pueblo Cty Clerk 8 Rec
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS ( CHELTON LANE - PARCEL "K")
Asphalt (3" Asphalt on 10" Base) 1,169 SY @ $20.00 /SY =
Curb and Gutter 609 LF @ $10.00 /LF =
' 1
PVC Water Main
330 LF
@
$35.00 /LF =
Fire Hydrant Ass'y.
1 EA
@
$2,500.00 /EA =
Services
8 EA
@
$500.00 /EA =
SANITARY SEWER:
8" PVC Sewer Main
303 LF
@
$29.00 /LF =
48" Manholes
1 EA
@
$2,170.00 /EA =
Services
8 EA
@
$775.00 /EA =
STREET LIGHTS
2 EA
@
$1,300.00 /EA =
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
CHELTON LANE
$23,380
$6,090
$11,550
$2,500
$4,000
$8,787
$2,170
$6,200
$2,600
$200
$67,477
15
1 111111 11111 111111 IN 1111111 IIIII 11111 iii 111111 iii 1111
1379034 04/19/2001 01:21P SUED AG Chris C. Munoz
17 of 23 R 115.00 D 0.00 Pueblo Cty Clerk & Ree
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS (20TH STREET PARCEL "K"
Asphalt (3" Asphalt on 8" Base)
1,346 SY
@
$18.00 /SY =
$24,228
Curb and Gutter
798 LF
@
$10.00 /LF =
$7,980
Square Pan Radius
339 SF
@
$4.25 /SF =
$1,441
7" Conc. Pan
539 SF
@
$3.80 /SF =
$2,048
Handicap Ramps
660 SF
@
$3.50 /SF =
$2,310
WATER
1 EA
@
$2,800.00 /EA =
$2,800
PVC Water Main
819 LF
@
$35.00 /LF =
$28,665
Fire Hydrant Ass'y.
2 EA
@
$2,500.00 /EA =
$5,000
Services
3 EA
@
$500.00 /EA =
$1,500
SANITARY SEWER:
8" PVC Sewer Main
813 LF
@
$29.00 /LF =
$23,577
48" Manholes
3 EA
@
$2,170.00 /EA =
$6,510
Services
3 EA
@
$775.00 /EA =
$2,325
Cleanout
1 EA
@
$500.00 /EA =
$500
STORM SEWER:
36" HDPE Pipe
275 LF
@
$72.00 /LF =
$19,800
18" HDPE Pipe
38 LF
@
$36.00 /LF =
$1,368
15" HDPE Pipe
24 LF
@
$30.00 /LF =
$720
Type 1 -B Manhole
1 EA
@
$2,000.00 /EA =
$2,000
Type 1 -C Manhole
1 EA
@
$2,500.00 /EA =
$2,500
Type "S" Inlet L =6'
1 EA
@
$2,800.00 /EA =
$2,800
Type "S" Inlet L =10'
1 EA
@
$4,000.00 /EA =
$4,000
STREET LIGHTS
3 EA
@
$1,300.00 /EA =
$3,900
MONUMENT BOX
4 EA
@
$575.00 /EA =
$2,300
RELOCATE BARRICADE
1 EA
@
$100.00 /EA =
$100
STREET SIGNS
60' R.O.W. (4- Way - Intersection)
2 EA
@
$300.00 /EA =
$600
20TH STREET $146,172
16
11111111111111111 IN iimii i
1379034 04/19/2001 01:21P SUBD AS Chris C. Munoz
P
17
18 of
23 R 115.00
D 0.00 Pueblo C1.y Clerk 8 Rec
SUBDIVISION IMPROVEMENTS
AGREEMENT
EXHIBIT "B"
SUBDMSION NAME:
OAKSHIRE HILLS
DEVELOPER:
EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS (CARVER PLACE - PARCEL
"K")
Asphalt (3" Asphalt on 6" Base)
1,098 SY @
$16.00 /SY =
$17,568
Curb and Gutter
499 LF @
$10.00 /LF =
$4,990
WATER
PVC Water Main
214 LF @
$35.00 /LF =
$7,490
Fire Hydrant Ass'y.
1 EA @
$2,500.00 /EA =
$2,500
Services
8 EA @
$500.00 /EA =
$4,000
SANITARY SEWER:
8" PVC Sewer Main
226 LF @
$29.00 /LF =
$6,554
48" Manholes
1 EA @
$2,170.00 /EA =
$2,170
Services
8 EA @
$775.00 /EA =
$6,200
STREET LIGHTS
1 EA @
$1,300.00 /EA =
$1,300
MONUMENT BOX
3 EA @
$575.00 /EA =
$1,725
STREET SIGNS
69 R.O.W. (T- Intersection)
1 EA @
$200.00 /EA =
$200
CARVER PLACE
$54
P
17
e
1 IN 11111111111111111 IN
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
19 of 23 R 115.00 D 0.00 Pueblo C1.y Clerk & Ree
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS (COLTON CO URT - PARCEL"
Asphalt (3" Asphalt on 6" Base)
2,078 SY
@
$16.00 /SY =
$33,248
Curb and Gutter
1,037 LF
@
$10.00 /LF =
$10,370
WATER
PVC Water Main
498 LF
@
$35.00 /LF =
$17,430
Fire Hydrant Ass'y.
1 EA
@
$2,500.00 /EA =
$2,500
Services
17 EA
@
$500.00 /EA =
$8,500
SANITARY SEWER:
8" PVC Sewer Main
510 LF
@
$29.00 /LF =
$14,790
48" Manholes
2 EA
@
$2,170.00 /EA =
$4,340
Services
17 EA
@
$775.00 /EA =
$13,175
STORM SEWER
36" HDPE Pipe
447 LF
@
$72.00 /LF =
$32,184
30" HDPE Pipe
210 LF
@
$60.00 /LF =
$12,600
18" HDPE Pipe
139 LF
@
$36.00 /LF =
$5,004
15" HDPE Pipe
28 LF
@
$30.00 /LF =
$840
Type 'W' Inlet L =6'
1 EA
@
$2,800.00 /EA =
$2,800
Type I- B Manhole
2 EA
@
$2,000.00 /EA =
$4,000
STREET LIGHTS
2 EA
@
$1,300.00 /EA =
$2,600
MONUMENT�BOX
1 EA
@
$575.00 /EA =
$575
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
$200
COLTON COURT $165,156
18
1 111111 11111 111111 IN 1111111 1111111111 iii 111111111 IN
1379034 04/19/2001 01:21P SUED AG Chris C. Munoz
20 of 23 R 113.00 D 0.00 Pueblo C!y Clerk $ Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS (COLT PLACE - PARCEL "K"
Asphalt (3" Asphalt on 6" Base) 683 SY @
Curb and Gutter 291 LF @
. WATER
PVC Water Main 127 LF @
Services 6 EA @
$16.00 /SY = $10,928
$10.00 /LF = $2,910
$35.00 /LF =
$500.00 /EA =
W tli1: &7t ;mL4A
8 ewer Main
115 LF
@
$29.00 /LF =
48" Manholes
1 EA
@
$2,170.00 /EA =
Services
6 EA
0
$775.00 /EA =
MONUMENT BOX
1 EA
@
$575.00 /EA =
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
COLTON PLACE
19
$4,445
$3,000
$3,335
$2,170
$4,650
$575
$200
$32,213
9E
111111111111HE IN 111111111111111111111111111111111
1379034 04/19/2001 01:21P SUBD AG Chris C. Munoz
21 of 23 R 115.00
D 0.00 Pueblo Cty Clerk & Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDMSION NAME:
OAKSHIRE HILLS
DEVELOPER:
EL CENTRO
PUEBLO DEVELOPMENT
CORPORATION, INC.
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING,
INC.
PHASE II
STREETS (CLOVER PLACE - PARCEL "L ")
Asphalt (3" Asphalt on 6" Base)
1657 SY
@
$16.00 /SY =
$26,512
Curb and Gutter
817 LF
@
$10.00 /LF =
$8,170
Remove Ex. Curb and Gutter
50 LF
@
$1.00 /LF =
$50
Handicap Ramps
241 SF
@
$3.50 /SF =
$844
WATER
PVC Water Main
324 LF
@
$35.00 /LF =
$11,340
Fire Hydrant Ass'y.
1 EA
@
$2,500.00 /EA =
$2,500
Services
11 EA
@
$500.00 /EA =
$5,500
SANITARY SEWER:
8" PVC Sewer Main
317 LF
@
$29.00 /LF =
$9,193
48" Manholes
1 EA
@
$2,170.00 /EA =
$2,170
Services
11 EA
@
$775.00 /EA =
$8,525
STORM SEWER:
Type "S" Inlet L =4'
1 EA
@
$2,200.00 /EA =
$2,200
18" HDPE Pipe
166 LF
@
$36.00 /LF =
$5,976
Type I- B Manhole
1 EA
@
$2,000.00 /EA =
$2,000
STREET LIGHTS
1 EA
@
$1,300.00 /EA =
$1,300
MONUMENT BOX
3 EA
@
$575.00 /EA =
$1,725
STREET SIGNS
60' R.O.W. (T- Intersection)
1 EA
@
$200.00 /EA =
$200
CLOVER
PLACE
"1205
9E
11111111111111111111111111 IN 1 Munoz
1379034 R 0.00PPuebla Chris C. &Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
STREETS f MUMONT AVENUE - PARCEL "K")
1,159 LF
@
Asphalt (3" Asphalt on 10" Base)
4,651 SY
@
$20.00 /SY =
$93,020
Curb and Gutter
2,366 LF
@
$10.00 /LF =
$23,660
Square Pan Radius
847 SF
@
$4.25 /SF =
$3,600
7" Conc. Pan
1,347 SF
@
$3.80 /SF =
$5,119
Remove and Replace Curb Retum
23 LF
@
$12.00 /LF =
$276
WATER
$1,200
Type "S" Inlet L =12'
1 EA
@
PVC Water Main
1,294 LF
@
$35.00 /LF =
$45,290
Fire Hydrant Ass'y.
2 EA
@
$2,500.00 /EA =
$5,000
Services
25 EA
@
$500.00 /EA =
$12,500
SANITARY SEWER:
8" PVC Sewer Main
1,159 LF
@
$29.00 /LF =
$33,611
48" Manholes
4 EA
@
$2,170.00 /EA =
$8,680
Services
25 EA
@
$775.00 /EA =
$19,375
Cleanout
1 EA
@
$500.00 /EA =
$500
STORM SEWER:
48" RCP
559 LF
@
$110.00 /LF =
$61,490
21" HDPE Pipe
43 LF
@
$42.00 /LF =
$1,806
18" HDPE Pipe
6 LF
@
$36.00 /LF =
$216
15" HDPE Pipe
66 LF
@
$30.00 /LF =
$1,980
Type 1 -C Manhole
3 EA
@
$2,500.00 /EA =
$7,500
Type II Manhole
1 EA
@
$1,200.00 /EA =
$1,200
Type "S" Inlet L =12'
1 EA
@
$4,600.00 /EA =
$4,600
Type "S" Inlet L =13'
1 EA
@
$4,900.00 /EA =
$4,900
Type "W "Inlet Inlet L =6'
1 EA
@
$2,800.00 /EA =
$2,800
Type "W" Inlet L =10'
1 EA
@
$4,300.00 /EA =
$4,300
Type "W" Inlet L =12'
2 EA
@
$4,600.00 /EA =
$9,200
STREET LIGHTS
3 EA
@
$1,300.00 /EA =
$3,900
MONUMENT BOX
2 EA
@
$575.00 /EA =
$1,150
RELOCATE BARRICADE
1 EA
@
$100.00 /EA =
$100
STREET SIGNS
60' R.O.W. (T- Intersection)
2 EA
@
$200.00 /EA =
$400
60' R.O.W. (4- Way - Intersection)
1 EA
@
$300.00 /EA =
$300
BEAUMONT AVENUE
$356,472
21
13749 iiiiiii
1379034 04/19/2001 01:21P SUED AG Chris C. Munoz
23 of 23 R 115.00 D 0.00 Pueblo Cl.y Clerk & Ree
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: OAKSHIRE HILLS
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE II
MISCELLANEOUS IMPROVEMENTS
7" Full Depth Asphalt 178 SY @ $18.50 /SY =
Asphalt (1" PMS Overlay) 10 TN @ $36.00 /TN =
WATER
Water Line Lowering 1 EA @ $3,000.00 /EA =
STORM SEWER
60" Class III RCP
48 "x84" Concrete Box
30" HDPE Pipe
Type II Manhole
Type III Manhole
Type "S" Inlet, L =14'
DETENTION POND 1
Type "12' Rip Rap
EARTHWORK
Earthwork
PARK
With Irrigation System
$3,293
$360
$3,000
619 LF
@
$160.00 /LF =
$99,040
124 LF
@
$200.00 /LF =
$24,800
20 LF
@
$60.00 /LF =
$1,200
2 EA
@
$1,200.00 /EA =
$2,400
2 EA
@
$4,000.00 /EA =
$8,000
1 EA
@
$5,200.00 /EA =
$5,200
4 CY
@
$50.00 /CY =
$200
125483 CY
@
$2.00 /CY =
$250,966
3.78 AC. @ $16,200.00 /AC = $61,236
MIX. IMPROVEMENTS $459,695
TOTAL PHASE 37 X1,370,087
TOTAL ALL PHASES $2,573,225
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: AH /PWT
FIRM: NORTHSTA ENGINEERING AND SURVEYING, INC.
REVIEWED BY: C��'�1/
MY OF PUEBLO
22
Reception 1379035
04/19/2001
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
THIS ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT ( "Addendum ") entered
into as of — April 11 , 2001 between Pueblo, a municipal corporation ( "City "), El
Centro Pueblo Development Corporation, Inc., a Colorado nonprofit corporation and Oakshire Hills, LLLP,
a Colorado limited liability limited partnership (collectively the "Subdivider ") and Housing Authority of the
City of Pueblo, Colorado, a Colorado housing authority ( "Authority "), WITNESSETH:
WHEREAS, Subdivider is the owner and subdivider of the real property within Oakshire Hills, Filing
No. 2, a Special Area Plan, a resubdivision of a portion of Oakshire Hills (the "Subdivision "), and
WHEREAS, Subdivider has entered into a Subdivision Improvements Agreement dated
April 11 , 2001 with respect to the Subdivision pursuant to section 12 -4 -7 of the
Pueblo Municipal Code ( "Subdivision Improvements Agreement "), and
WHEREAS, Authority is the developer of the Subdivision pursuant to Development Agreement dated
November 21, 2000 between Authority and Oakshire Hills, LLLP, and
WHEREAS, Subdivider and Authority as a condition to the approval of the Subdivision by City has
requested that certain public streets be vacated in Oakshire Hills which streets will be thereafter incorporated
in the Subdivision as ingress and egress, storm drainage, and utility easements granted to the public for
perpetual use, and
WHEREAS, City is willing to accept the grant of such easements in lieu of public streets upon the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City,
Subdivider and Authority agree as follows:
1. Upon adoption of the Ordinance approving the Subdivision by the City Council of City, (a) the
parcels shown on the Subdivision plat as Parcels I, J, K and L shall be and become perpetual easements for
ingress and egress and utility purposes ( "Street Easements ") and (b) the parcels shown on the Subdivision plat
as Parcels A, E and F shall be and become perpetual easements for storm drainage purposes ( "Storm Drainage
Easements ").
2. Neither the Street Easements nor the Storm Drainage Easements may be transferred or assigned,
either voluntarily or involuntarily.
3. Subdivider grants to City the exclusive right and option, exercisable beginning on the termination
of the applicable 15 -year tax credit compliance period and ending 50 years thereafter, to require the dedication
of the Street Easements as public streets. Subdivider and Authority shall, at their sole cost and expense, within
thirty (30) days after City's exercise of such option, do and perform all acts and execute all documents
required by City to dedicate the Street Easements as public streets and for the purpose of such dedication
Subdivider and Authority irrevocably appoint City as their true and lawful attorney in fact to perform all acts
and execute all documents on their behalf and in their name required for such dedication.
4. Upon construction and installation of streets within the Street Easement in accordance with the
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Chris
C.
Munoz
2 of 4 R 20.00 D 0.00 Pueblo Cty
Clerk
&
Ree
City's standards and specifications and acceptance thereof in writing by the City's Director of Public Works,
the City will thereafter accept the ordinary maintenance of such streets subject to the guaranty set forth in
paragraph 7 hereof. Subdivider and Authority retain the obligation to replace, at their sole cost and expense,
such streets at such time as they require replacement.
5. Upon construction, installation and repair of the sanitary sewers and appurtenances located in the
Street Easements and Storm Drainage Easements, if any, in accordance with the City's standards and
specifications and acceptance thereof in writing by the City's Director of Public Works, the City will thereafter
accept the ordinary maintenance of such sanitary sewers subject to the guaranty set forth in paragraph 7 hereof.
Subdivision and Authority retain the obligation to replace, at their sole cost and expense, such sanitary sewers
at such time as they require replacement.
6. Upon construction and installation of all improvements to Parcel A, including both sides of the
drainage channel, in accordance with the City's standards and specifications and acceptance thereof in writing
by the City's Director of Public Works, the City will thereafter accept the ordinary maintenance of Parcel A
subject to the guaranty set forth in paragraph 7 hereof. Subdivider and Authority shall repair, replace and
maintain in perpetuity all stormwater detention facilities located in Parcels E and F, including but not limited
to, vegetation, outlet structures, outlet piping, headwalls, retaining walls, and fences.
7. Subdivider and Authority, jointly and severally and unconditionally guarantee all workmanship
and materials on the streets, sanitary sewers, storm sewer pipe, and appurtenances located in the Street
Easements and Storm Drainage Easements for a period of two (2) years from the date of their acceptance by
the City's Director of Public Works. If City gives notice to either Subdivider or Authority of any defect or
deficiency in the said streets, sanitary sewers, storm sewer pipes, or appurtenances which occurred before or
during the two (2) year warranty period, Subdivider and Authority shall, at their sole cost and expense,
commence or cause to be commenced all work and actions necessary and required to correct such defect or
deficiency within fifteen (15) days after the date of City's notice, or immediately in the event of an emergency,
and shall diligently pursue such corrective work and action to completion to the satisfaction of the City's
Director of Public Works. City's inspection and /or approval of the streets, sanitary sewers, or storm sewer
pipe and appurtenances shall not diminish, release, waive or discharge either Subdivider or Authority from
their obligations under this Addendum.
8. Neither Subdivider nor Authority nor any of their respective successors or assigns shall exercise
any control over traffic or traffic signage in or near the Street Easements; all control over traffic signage is
hereby vested in the City's Director of Transportation who shall have complete and exclusive control over
traffic signage and its installation in or near the Street Easements.
9. Subdivider and Authority shall install, repair, replace and maintain in perpetuity all street lighting
within the Subdivision in accordance with City's standards and specifications for street lighting to the
satisfaction of the City's Director of Public Works.
10. All traffic and use of the streets installed in the Street Easements are subject to City's traffic and
offense ordinances. All streets installed in the Street Easements are subject to City's ordinances relating to
public streets including but not limited to Chapter 6 of Title XII of the Pueblo Municipal Code.
11. If either Subdivider or Authority, or both, fail to timely commence and diligently complete any
corrective work, replacement, or maintenance or any other action or obligation required by Subdivider and /or
Authority under this Addendum, City may (without any obligation on its part to do so) perform such work,
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Chris
C.
IN
Munoz
3 of 4 R 20.00 D 0.00 Pueblo Cty
Clerk
&
Reo
maintenance, replacement, or action, and Subdivider and Authority shall reimburse City for all its costs
incurred in the performance of such work, maintenance, replacement, or action plus ten (10) percent
administration fee and charge within ten (10) days after notice thereof is given by City to either Subdivider or
Authority.
12. The obligations of Subdivider and Authority hereunder are joint and several, unconditional and
irrevocable, and City may proceed against either Subdivider or Authority, or both. In the event City institutes
any action to enforce this Addendum or any provision hereof, the City shall be entitled to recover its
reasonable costs and attorney fees. Venue for any action under this Addendum shall be in Pueblo County,
Colorado.
13. Authority does hereby acknowledge, warrant and represent to the City that Authority will derive
or expects to derive financial and other benefits, directly or indirectly, from the Subdivision and this
Addendum.
14. Subdivider and Authority and the persons signing on their behalf, represent and warrant to City
that all action required to be taken by their governing documents has been taken to approve and authorize the
execution and delivery of this Addendum and this Addendum and its provisions are valid binding legal
obligations of Subdivider and Authority, enforceable against Subdivider and Authority in accordance with their
terms.
15. This Addendum shall be binding upon and inure to the benefit of City, Subdivider and Authority
and their respective successors and assigns, provided that Subdivider and Authority may not assign or transfer
the Street Easements or the Storm Drainage Easements nor any of their duties or obligations under this
Addendum.
16. This Addendum expresses the entire understanding of the parties with respect to the subject matter
hereof and supersedes all prior agreements and negotiations, oral or written. This Addendum shall be
interpreted and enforced in accordance with the laws of the State of Colorado and Ordinances of the City.
17. Any notice or other communication required or permitted to be given under this Addendum shall
be in writing and delivered personally, or delivered by first class mail or by certified mail, postage prepaid,
addressed as follows:
(a) If to City: City of Pueblo, Department of Public Works, 211 East "D" Street, Pueblo,
Colorado, 81003, Attention: Director of Public Works.
(b) If to Subdivider or Authority: Housing Authority of the City of Pueblo, Colorado, 1414
North Santa Fe Drive, Pueblo, Colorado, 81003, Attention: Executive Director; or such other address as either
party may designate in writing given as above provided.
If notice is given by mail, it shall be deemed to be delivered three (3) days after mailing.
18. Time is of the essence of each and all of the agreements, covenants and conditions of this
Addendum.
19. If any provision contained in this Addendum is for any reason held to be invalid, illegal or
unenforceable, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this
-3-
Addendum will be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
20. This Addendum shall be incorporated in and become a part of the Subdivision Improvements
Agreement. In the event of any conflict between any provision of this Addendum and any provision of the
Subdivision Improvements Agreement, the provisions of this Addendum shall control to the extent of such
conflict.
;u4o.
.)YIN' IT iESS`WHEREOF, the parties have signed and executed this Addendum as of the day and year
ah6v •1 } {�� "
PUEBLO, A U CIPAL CORPORATION
ti "city-
�WTR• PUEBLO DEVELOPMENT
% ;? 2T' * TION, INC.
By s
Elizab . Wilson, President
Attest:
Secre
IC
HOUSING AUTHORITY OF
PUEBLO, COLORADO
APPROVED AS TO FORM:
City Attorney
By /
Name: �O •C . 4.�C� !h3
Title:-C Irma K.
Attest:
Vice- Chairman
OAKSHIRE HILLS, LLLP.
By EL CENTRO PUEBLO
DEVELOPMENT CORPORATIOW' -*-:..
Its: G neral Partner . - ^.
By
Eliza et B. Wilson, President
Attest:
Sec e a
P: \CITY\ PUBLIC- W\SUBDI V\OAKSHIRE \ADDNDM2. W PD -4-
•�
'Ch
�`
P$ Alt
.
J
t +' ry'
APPROVED AS TO FORM:
City Attorney
By /
Name: �O •C . 4.�C� !h3
Title:-C Irma K.
Attest:
Vice- Chairman
OAKSHIRE HILLS, LLLP.
By EL CENTRO PUEBLO
DEVELOPMENT CORPORATIOW' -*-:..
Its: G neral Partner . - ^.
By
Eliza et B. Wilson, President
Attest:
Sec e a
P: \CITY\ PUBLIC- W\SUBDI V\OAKSHIRE \ADDNDM2. W PD -4-