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HomeMy WebLinkAbout07872Reception 1798378 02/10/2009 ORDINANCE NO. 7872 AN ORDINANCE APPROVING THE PLAT OF PINION RIDGE COMMERCIAL SUBDIVISION AND REPEALING ORDINANCE NO. 7567 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Pinion Ridge Commercial Subdivision, being a subdivision of land legally described as: PARCEL "A" A tract of land in the NW /4 NW /4 and NE /4 NW /4 of Section 1, Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: BEGINNING at the southwest corner of the NW /4 NW /4; thence northerly along west boundary of NW /4 NW /4, 1328 feet, more or less to a point 50 feet south of the northwest comer of the NW /4 NW 14; thence easterly parallel to said north line of NW /4 NW 14, 1585 feet, more or less to a point on westerly right of way line Highway 58 -87th southwesterly along said right of way at angle of 104 right from last corner if extended easterly 513.60 feet; thence westerly to south line of NW /4 NW /4 719.37 feet; thence southerly at angle of 90 left 784.62 feet to a point on south line of NW 14 NW /4; thence westerly along southerly line of NW /4 NW /4 855.J4 feet to the POINT OF BEGINNING. PARCEL "B" A tract of land in the NW /4 NW 14 of Section " Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: BEGINNING at a point on the south line of NW /4 NW /4, said point being 855.34 feet east of the southwest corner; thence northerly right angle with said south line of NW /4 NW /4 784.62 feet; thence easterly parallel with the south line of NW /4 NW /4 719.32 feet to a point on westerly right of way line of Highway 85-87; thence southwesterly along said right of way line 105 right from last course if extended 341.30 feet; thence parallel southerly angle 16 left & along said right of way 158.7 feet; thence westerly parallel to south line of said NW /4 NW 14 237.20 feet; thence southerly angle 88 left 297.60 feet to a point on south line NW /4 NW /4; thence westerly along said south line 382.04 feet to the POINT OF BEGINNING. All in the County of Pueblo, State of Colorado. Said parcel contains 41.81 acres, more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- 1795378 ORD 02/10/2009 09:23:04 AM Page: 2 of 3 R 16.00 D 0.00 T 15.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement 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. 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 Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, 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 124-5 (B) (2) of the Pueblo Municipal Code, 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 becomes effective. SECTION 5. 1795378 ORD 02/10/2009 09:23:04 AM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111KIVY440,1400141101 14RAIV 411 III Ordinance No. 7567 is hereby repealed. ,.,, , .::ij•.. VRs:r. INTRODUCED: August 11, 2008 BY: Vera Ortegon COUNCIL PERSON APPROV PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: August 25, 2008 Di?;Z> 7$7Z D p . . E Background Paper for Proposed ORDINANCE AGENDA ITEM f„f'36 DATE: AUGUST 11, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PLAT OF PINION RIDGE COMMERCIAL SUBDIVISION AND REPEALING ORDINANCE NO. 7567 ISS UE Shall City Council approve a request to subdivide 41.81 acres into 19 commercial lots to create commercial development adjoining Interstate 25? RECOMMENDATION The Planning and Zoning Commission, at their August 13, 2008 Regular Meeting, voted 7-0 to recommend approval. On January 22, 2007, City Council approved the Pinion Ridge Subdivision on the condition that Deferred Filings be completed. According to the applicant changes in sanitary sewer design and placement have delayed the approval of the Deferred Filings. Due to the fact that the required Deferred Filings of plans and documents have not been approved to date the effective date of the subdivision's approval will expire resulting in the plat being rescinded and repealed. With this request the applicant proposes repealing the original approval of the subdivision and have the subdivision re- approved. This re- approval does not change the dimensional characteristics of the subdivision or increase density. As resubmitted this is a subdivision of 41.81 acres into 19 commercial lots, dedicate rights -of -way for Elizabeth Street and Platteville Boulevard, along with a right -of -way dedication for the future improvements to the 1 -25 Interchange. FINANCIAL IMPACT None. Reception 1795386 02/10/2009 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 23rd day of January 2009 b SUMMO, Inc., a , Grantor, to PUEBLO, a Municipal Corporation, Grantee: Colorado Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of a temporary, turn around in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Pinion Ridge and described as follows: (the "Property ") Commercial Center See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 23rd day of January 1 2009 . WIT 11 4717 SUMMO c., a Colorado Corporation By: le: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this r day of Tnyr� cQ 0QQ , b ZS C . rn us s o President, SUMMO, Inc., a Colorado Corporation Witness my hand and official seal. My commission expires: Sic r �• d,p^ (SEAL) Not Pu 'c G: EXHIBIT "A" An easement for the purpose of a temporary turn around in the NE1 /4 of Section 2, Township 20 South Range 65 West of the 6 th P.M., Pueblo County, Colorado, being more particularly described as follows: Beginning at a point on the East line of the said NE I /4 of Section 2, 805.06 feet South of the NE corner of said Section 2, thence N 88 °43'49" W a distance of 13.15 feet; Thence along the arc of a curve to the left having a central angle of 180 °00'00" and a radius of 70.00 feet, a distance of 219.91 feet a chord of S 01 °16' 11" W a distance of 140.00 feet to the East line of the said NE1 /4 of Section 2; Thence N 06 °38'09" W on said East line, a distance of 140.62 feet to the point of beginning. 1795386 EASE 02/10/2009 09:23:04 AM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Co 1111 r+W hliAN WY WLME%l0 h 11111 Reception 1795380 02/10/2009 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded June 4 1 2007 , in Book at Page , Reception Number 1728637 ,does hereby ratify and consent to the subdivision of the land platted as Pinion Ridge Commercial Center shown on the Subdivision Plat recorded by Reception Number f - 11 'Jim" in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this I day of .Tc, k vti v - a oc 7 F ✓'o til7/E r 8G N.� Company Name OW N .) L 11L�/ Title: Banking Center President STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a i sr day of JCWa ?ycl) by 1 B rn&VCIAs as � Pat A fL OAif Of �Yl�n _ClC1/P1 My Commission Expires: 0 3, - OR- t D MICHELE M CORREA i DPW 00 NOTARY PUBLIC I 02/05/02 STATE OF COLORADO My commission explres..Q :. ...1.0..... �'l,t,c,VLC Qr� . �iohn PlA7 Notary Public Reception 1795381 02/10/2009 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded April 4 2 0 0 8 , in Book at Page , Reception Number 1765071 , does hereby ratify and consent to the subdivision of the land platted as Pinion Ridge Commercial Center shown on the Subdivision Plat recorded by Reception Number I J R53 J in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this day of , Imo„ a2l , R000, V ra'r ?)any, Company Name Title: Banking Center President STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this &t,+? day of 'Aor)q by ?rarQ 1'Jnn AS as nnKinn �e1�1�rpSldev of Fret i er �nnl< My Commission Expires: Oa, - OR- I O MICHELE M CORREA ROTARY PUBLIC Notary Public DPW 107 c n� COLORADO ,',....,,�._. »- ...- ..�. -. 02/05/02 My oommisslon expires.Q;Dt.Q.S- ..1f2... 1795382 RAT PL 02/10/2009 09:23:04 AM Page: 1 of I R 6.00 D 0.00 T 6.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co Bill K 11 INAKWIA X111 INI V'Nq lowAttl 11111 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded JULY 16 2008 , in Book at Page , Reception Number 1775909 does hereby ratify and consent to the subdivision of the land platted as Pinion Ridge Co Ce shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signedthis 26 th dayof January 2009 Frontier Bank Company Name B y : �/Lc��� STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Title: Banking Center President The foregoing instrument was acknowledged before me this 2 6 t h January 2009 by Brad Woods Banking Center Pres.of My Commission Expires: Frontier Bank 02 -08 -10 +____- -----_.—°_. MICHELE M CORREA - DPW 107 NOTARY PUBLIC 02/05/02 STA o'" (n!_ORADO M commission expires ... C -67. - ?_�.... day of . as �YVV t�1a9p YYI . Q'oo`csap Notary Public Reception 1795383 02/10/2009 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on January 23 2009 between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and SUMMO, Inc., a Colorado Corporation ( "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 Pinion Ridge Commercial Center ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: I. 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 DPW 101 Dec. 2007 179 SUBD_RG 02/1012009 09:23:04 AM G 1I6ert 25 1erk /Recorder• Pu Pueblo cou §111 KNI1 Ih h IffN,,1mVW? #�L�I�+L 11111 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 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 cost 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 (1/2) 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 recent 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 Dec.2007 1795383 SUBD - AG 02/10/2009 09:23:04 AM Page: 3 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®IIIVj. ff. 11440%1+#. 11111 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. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, 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 the 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 fast 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 compete 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 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 DPW 101 Dec.2007 1795383 SUBD AG 02/10/2009 09:23:04 RR Page: 4 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®IIIKM11 Works, Subdivider and the subdivided land shall remain liable and responsible for all 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 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its 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 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing parry its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 Dec.2007 1795383 Sl1BD AG 02/10/2009 09:23:04 AM Pagge: 5 of 25 R 126.00 D 0.00 T 126.00 Gifbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III M.KriP UN AA ELWWWAV,tN,I 111III installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit "B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit "B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. DPW 101 Dec.2007 17 SUBD_AG 02/10/2009 09:23:04 AM G116e o rtOrtiz Clerk/Recorder der, Pueblo Cou ■III PA PM11 P NNATI VIO I TVA M11®1 111 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. 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. (SEAL) The foregoing instrument was acknowledged before me on Tplltxary a3 : ''` ,,,,, �Odb •.. � , by �nl,n G. 1 tluasc� Suti�blde� President, SUMMO Inc., a Colorado Corporation cc My commission expires: I 5- C 2011 a c Q 6044 ublic CITY OF U BLO, a Municipal Corporation By: �e President of City 65uncil STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO } The foregoing instrument was acknowledged before me this / Arzta ry I Z 002 by VC re Or f r tic President of City 0ouncil, and Pueblo, Colorado. Witness my hand and official seal. 9 day of as as City Clerk of the City of DPW tot Dec.2007 SUMMO, Inc., a Colorado Corporation =mi O •,' �. cd11➢riission expires: APPROVED AS TO FORM: k ////Z-O/ � N Pu J City Attorney 1795383 SUED AG 02/10/2009 09:23:04 AM Page: 7 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk;Reoorder, Pueblo County, Co ■ 111P.6FMIUMANNIV, WNW 1 M11 ®1111 DPW 101 Dec. 2007 EXHIBIT "A" PARCEL "A" A TRACT OF LAND IN THE NW /4 NW/4 AND NE /4 NWA OF SECTION 1, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE N'VV /4 NW 14; THENCE NORTHERLY ALONG WEST BOUNDARY OF NWA NW /4, 1328 FEET, MORE OR LESS TO A POIN T' 50 FEET SOUTH OF THE NORTHWEST CORNER OF THE NNV14 NW /4; THENCE EASTERLY PARALLEL TO SAID NORTH LINE OF NW /4 NW/4,15 85 FEET, MORE OR LESS TO A POINT ON WESTERLY RIGHT OF WAY LINE HIGHWAY 58- 87TH SOUTHWESTERLY ALONG SAID RIGHT OF WAY AT ANGLE OF 104 DEGREES 25 MINUTES RIGHT FROM LAST CORNER IF EXTENDED EASTERLY 513.60 FEET; THENCE WESTERLY TO SOUTH LINE OF NW/4 NW /4 719.37 FEET; THENCE SOUTHERLY AT ANGLE OF 90 DEGREES LEFT 754.62 FEET TO A POINT ON SOUTH LINE OF NW/4 NW14; THENCE WESTERLY ALONG SOUTHERLY LINE OF NW14 NW /4 855.34 FEET TO THE PONT OF BEGINNING. COUNTY OF PUEBLO, STATE OF COLORADO PARCEL "B" A TRACT OF LAND IN THE NW" /4 NW /4 AND NE /4 NW/4 OF SECTION 1, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M.., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE SOUTH LINE OF NW /4 NW/4, SAID POINT BEING 855.34 FEET EAST OF THE SOUTHWEST CORNER; THENCE NORTHERLY RIGHT ANGLE WITH SAID SOUTH LINE OF NW /4 NW /4 784.62 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF NW /4 NWA 719.32 FEET TO A POINT ON WESTERLY RIGHT OF WAY LINE OF HIGHWAY 85 -87; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE 105 DEGREES 46 MINUTES RIGHT FROM LAST COURSE IF EXTENDED 341.30 FEET; THENCE PARALLEL SOUTHERLY ANGLE 16 DEGREES 20 \IINUTES LEFT & ALONG SAID RIGHT OF WAY 155.7 FEET; THENCE WESTERLY PARALLEL TO SOUTH LINE OF SAID N VA NTW /4 237.20 FEET; THENCE SOUTHERLY ANGLE 88 DEGREES 16 MINUTES 30 SECONDS LEFT 297.60 FEET TO A PONT ON SOUTH LINNE NW /4 NW1'4; THENCE WESTERLY ALONG SAID SOUTH LINE 382.04 FEET TO THE PONT OF BEGINNING; COUNTY OF PUEBLO, STATE OF COLORADO - 179 SU9D_AG 02/10/2009 09:23:04 AM 8 G116ertOrt z2ClerAk /RecorderD Pueblo T C ounty. c ■ui�w�a��i�8rnria,�rr+ri�r r��i�� M11 milli 1795383 SUBD_RG 02/10/2009 09:23:04 AM Pagge: 9 of 25 R 126.00 D 0.00 T 126.00 G l6erl Ortiz Clerk /Recorder, Pueblo County, Cc Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 1211108 Platteville Phase One Phase I: Values as per unit Price List for Exhibit 'B " prices through Dec. 2008 Streets 1,469 LF 21" 100 LF 6 inches bitum. Hot mix 6000 S.Y. $27.50 $165,000.00 Mechanical Stabilization 5 ea. $10,000.00 $38,000.00 Curb & Gutter 2,200 L.F. $12.00 $26,400.00 Sidewalks ( six feet) 13,200 S /F. $3.00 $39,600.00 Handicap ramps 1000 S/F $4.00 $4,000.00 $273,000.00 Sanitary Sewer 8" SDR -35 1,469 LF 21" 100 LF 48" Manholes 4 ea 60" Manhole 1 ea. 4" SDR -35 san. Sew. service 5 ea. $47.00 1 ea. $69,043.00 $3,800.00 $47.00 1265 L.F. $4,700.00 $72,105.00 $2,500.00 320 L.F. $10,000.00 $18,240.00 $3,000.00 104 LF $3,000.00 $5,928.00 $1,400.00 125 L.F. $7,000.00 $7,125.00 $93,743.00 Water 16" tie in 1 ea. $3,800.00 $3,800.00 16" water line 1265 L.F. $57.00 $72,105.00 12" water line 320 L.F. $57.00 $18,240.00 8" water line 104 LF $57.00 $5,928.00 6" water line 125 L.F. $57.00 $7,125.00 Service line 8 ea. $1,000.00 $8,000.00 Fire Hydrant 4 ea. $3,250.00 $13,000.00 $128,198.00 1795383 SURD AG 02/10/2009 09:23:04 AM Page: 10 of 25 R 126.00 D 0.00 T 125.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill r,F rJlL�'*ri+W#1,41U,N lot MAH 11111 Storm Sewer 27" SDR -35 157 LF $59.00 $9,263.00 Detention Pond #1 24" SDR -35 1,238 L.F. $44.00 $54,472.00 1,806 LF 15" SDR -35 240 L.F. $38.00 $9,120.00 $18,165.00 4' Inlets Type S 4 ea. $2,740.00 $10,960.00 5' Manholes 4 ea. $2,465.00 $9,860.00 6' Manhole 1 ea. $3,000.00 $3,000.00 Sediment raps 4 ea. $800.00 $3,200.00 Establish vegetation 14 acre $1,200.00 $16,800.00 Check Dams 8 ea. $200.00 $1,600.00 Water, vehicle control $27,500.00 tire wash and dust mitigation sweeping & signage RIP RAP 62 CY $55.00 $3,410.00 $149,185.00 Monument Boxes Monuments 12 ea. $655.00 $7,860.00 $7,860.00 Street Lighting 12 ea. $1,450.00 $17,400.00 $17,400.00 Street name signs & Stop signs Four way intersection signage 1 ea. $435.00 $435.00 Barricades 24' 8 ea. $1,280.00 $10,240.00 $10,675.00 Pavement Marking Epoxy Marking 3,400 LF $1.35 $4,590.00 Arrows 8 ea. $85.00 $680.00 $5,270.00 Detention Facilit Outlet Structure Pond #1 4 ea. $3,300.00 $13,200.00 Detention Pond #1 .87 AC. $18,165.00 $15,803.55 18" SDR -35 outlet pipe 1,806 LF $30.00 $54,180.00 Detention Pond #2 1.03 AC. $18,165.00 $18,709.95 $101,893.50 B.M.P.'s Silt Fence 1,800 LF $3.00 $5,400.00 Straw Bales 50 ea. $14.00 $700.00 Inlet Protection 5 ea. $220.00 $1,100.00 Establish Vegetation 13 AC. $1,300.00 $16,900.00 $24,100.00 General Excavation Cut & Fill, Grading $68,000.00 Grade Road Sub Base $28,400.00 Replace top soil & grade $42,650.00 $139,050.00 Black Hills Energy Underground $126,611.00 $126,611.00 Total Cost of Improvements Platteville Phase One. $1,076,985.50 17 SUBD AG 02/10/2009 09:23:04 AM Gii 11 of 25 R Clerk/Recorder, D orderr, Pueblo County, Cc Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 12/1/08 Elizabeth Phase One Phase I: Values as per unit Price List for Exhibit 'B" prices through Dec. 2008 Streets 135 L.F. $57.00 $7,695.00 7.5 inches bitum. Hot mix 2778 S.Y. $42.25 $117,370.50 16" ABC 2778 S.Y. $57.00 $0.00 Curb & Gutter 1,510 L.F. $12.00 $18,120.00 Sidewalks ( six feet) 4,320 S /F. $3.00 $12,960.00 Handicap ramps 240 S/F $4.00 $960.00 $149,410.50 Sanitary Sewer 8" SDR -35 549 LF 48" Manholes 2 ea 4" SDR -35 san. Sew. service 2 ea. $47.00 $25,803.00 $2,500.00 $5,000.00 $1,400.00 $2,800.00 Water 6" water line 135 L.F. $57.00 $7,695.00 12' water line 460 L.F. $57.00 $26,220.00 16" water line 872 L.F. $57.00 $49,704.00 Service line 5 ea. $1,000.00 $5,000.00 Fire Hydrant 2 ea. $3,250.00 $6,500.00 Storm Sewer 18" SDR -35 842 LF. $41.00 $34,522.00 15' SDR -35 110 L.F. $38.00 $4,180.00 $33,603.00 $95,119.00 18" RCP 741 LF 4' Inlets Type S 1 ea. 8' Inlets Type S 2 ea. T Wall 1 ea. 5' Manholes 3 ea. Water, vehicle control 25 ea. tire wash and dust mitigation 2 ea. sweeping & signage 5 AC. $41.00 8 ea. $30,381.00 $1,450.00 $2,740.00 8200 LF $2,740.00 $10,240.00 $2,740.00 580 LF $5,480.00 25 ea. $2,740.00 2 ea. $2,740.00 5 AC. $2,465.00 $7,395.00 $440.00 $52,916.00 Monument Boxes Monuments 4 ea Street Liahtina 4 ea Street name sians & Stop sians Barricades 24' 8 ea. Pavement Marking $1,450.00 Epoxy Marking 8200 LF B.M.P.'s $10,240.00 Silt Fence 580 LF Straw Bales 25 ea. Inlet Protection 2 ea. Establish Vegetation 5 AC. Genera! Excavation Cut & Fill, Grading Grade Road Sub Base Replace top soil & grade $655.00 $2,620.00 $2,620.00 $1,450.00 $5,800.00 $5,800.00 $1,280.00 $10,240.00 $10,240.00 $1.35 $11,070.00 $11,070.00 $3.00 $1,740.00 $14.00 $350.00 $220.00 $440.00 $1,300.00 $6,500.00 $9,030.00 $27,480.00 $14,850.00 $7,690.00 $50,020.00 Total Cost of Improvements Elizabeth Phase One. $419,828.50 1795363 SUBD AG 02/10/2009 09:23:04 AM Pa e: 12 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 ri,FINIL` XlhgAl IAWL W,IWCY114 11111 Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 1211108 Summo Court Phase One Phase I: Values as per unit Price List for Exhibit 'B" prices through Dec. 2008 Water 8" water line 1050 L.F. $57.00 $59,850.00 Service line 8 ea. $1,000.00 $8,000.00 Fire Hydrant 2 ea. $3,250.00 $6,500.00 $74,350.00 B.M.P.'s Silt Fence 850 LF $3.00 $2,550.00 Straw Bales 25 ea. $14.00 $350.00 Establish Vegetation 5 AC. $1,300.00 $6,500.00 $9,400.00 Total Cost of Improvements Summo Court Phase One. $83,750.00 1795383 Sl1BD AG 02/10/2009 09:23:04 AM Page: 13 of 25 R 125.00 D 0.00 T 126.00 Gilbert Ortiz Cl I erk /Reoorder Pueblo CountY. Co ®u1 Pe�ai� i�e 1'1 �i 1 1T1, " Mq 11111 1795383 SUBD PG 02/10/2009 09:23:04 AM Pa 14 of 25 R 126.00 0 0.00 T 125.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Co ®III hW�Pl� l�i�'I�+dWhG nnl KKKK X1411111 Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 1211108 Elizabeth Phase Two Phase 11: Values as per unit Price List for Exhibit 'B" prices through Dec. 2008 Streets 570 LF $47.00 $26,790.00 7.5" HMA 10618 S.Y. $42.25 $448,610.50 16" ABC 10618 S.Y. $0.00 Curb 8 Gutter 2,180 L.F. $12.00 $26,160.00 Sidewalks ( six feet) 9,000 S /F. $3.00 $27,000.00 Handicap ramps 480 S/F $4.00 $1,920.00 $503,690.50 Sanitary Sewer 8" SDR -35 570 LF $47.00 $26,790.00 48" Manholes 2 ea $2,500.00 $5,000.00 4" SDR -35 san. Sew. service 3 ea. $1,400.00 $4,200.00 $35,990.00 Storm Sewer 18" SDR -35 247 L.F. $41.00 $10,127.00 15" SDR -35 153 L.F. $38.00 $5,814.00 4' Inlets Type S 4 ea. $2,740.00 $10,960.00 4' Manholes 3 ea. $2,465.00 $7,395.00 Inlet Protection 4 ea. $220.00 $880.00 $35,176.00 Monument Boxes Monuments 7 ea. $655.00 $4,585.00 $4,585.00 Street Liahtino 9 ea. $1,450.00 $13,050.00 $13,050.00 a Street name signs & StoD signs Warning Signs 4 ea. Barricades 24' 8 ea. Pavement Marking $12,600.00 Epoxy Marking 3,240 LF Arrows 7 ea. Inlay Tape 1,600 LF. Detention Facility Outlet Structure Pond # 3 2 ea. Detention Pond # 3 1.03 AC 18" SDR -35 outlet pipe 420 LF 18" SDR -35 outlet pipe 320 LF B.M.P.'s Silt Fence 800 LF Straw Bales 50 ea. Establish Vegetation 10 AC. General Excavation Cut & Fill, Grading Grade Road Sub Base Replace top soil & grade $115.00 $460.00 $1,280.00 $10,240.00 $10,700.00 $1.35 $4,374.00 $85.00 $595.00 $7.00 $11,200.00 $16,169.00 $3,300.00 $6,600.00 $18,165.00 $18,709.95 $30.00 $12,600.00 $30.00 $9,600.00 $47,509.95 $3.00 $2,400.00 $14.00 $700.00 $1,300.00 $13,000.00 $16,100.00 $52,400.00 $36,850.00 $18,820.00 $108,070.00 Total Cost of Improvements Elizabeth Phase Two $791,040.45 1795383 SUBD RC 02/1012009 09:23:04 AN Pan 15 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1795383 SUED AG 02/10/2009 09:23:04 AM Page: I6 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 K YZf P`ti',W?V Pii+,W A KN MR h 11111 Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 12/1108 Platteville Phase Three Phase III: Values as per unit Price List for Exhibit "B" prices through Dec. 2008 Streets 6 inches bitum. Hot mix 6000 S.Y. $27.50 $165,000.00 Mechanical Stabilization 6000 S.Y. $6.33 $37,980.00 Curb & Gutter 760 L.F. $12.00 $9,120.00 $212,100.00 Pavement Markin Epoxy Marking 1,800 LF $1.35 $8,400.00 $2,430.00 Inlay Tape 5400 LF $7.00 Inlet Protection $37,800.00 Arrows 12 ea. $85.00 5 AC. $1,020.00 Cross walks 3,200 SF $3.00 $9,600.00 $50,850.00 B.M.P.'s Silt Fence 2,800 LF $3.00 $8,400.00 Straw Bales 75 ea. $14.00 $1,050.00 Inlet Protection 5 ea. $220.00 $1,100.00 Establish Vegetation 5 AC. $1,300.00 $6,500.00 $17,050.00 General Excavation Cut & Fill, Grading $47,480.00 Grade Road Sub Base $32,000.00 Replace top soil & grade $18,450.00 $97,930.00 Total Cost of Improvements Platteville Phase Three. $377,930.00 1795383 SUBD AG 02/10/2009 09:23:04 AM Page: 17 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Cierk /Recorder, Pueblo County, Co Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinion Ridge Commercial Center Developer: Summo Corp. Engineer: Stillwater Engineering 12/1/08 Summo Court Phase Three Phase III: Values as per unit Price List for Exhibit 'B" prices through Dec. 2008 Streets 1,068 LF $47.00 $50,196.00 4" HMA 1,750 S.Y. $21.50 $37,625.00 8" ABC 1,750 S.Y. $2,500.00 $0.00 Curb & Gutter 1,440 L.F. $12.00 $17,280.00 Sidewalks ( six feet) 7,800 S /F. $3.00 $23,400.00 Handicap ramps 600 S/F $4.00 $2,400.00 $80,706.00 Sanitary Sewer 8" SDR -35 1,068 LF $47.00 $50,196.00 21" SDR =35 244 LF $47.00 $11,468.00 48" Manholes 3 ea $2,500.00 $7,500.00 4" SDR -35 san. Sew. service 8 ea. $1,400.00 $11,200.00 $80,364.00 Storm Sewer 24" SDR -35 451 LF. $44.00 $19,844.00 18" SDR -35 608 L.F. $41.00 $24,928.00 15" SDR -35 26 L.F. $38.00 $988.00 4' Inlets Type S 2 ea. $2,740.00 $5,480.00 8' Inlet Type S 1 LF $2,740.00 $2,740.00 4' Manholes 3 ea. $2,465.00 $7,395.00 5' Manhole 1 ea. $2,465.00 $2,465.00 6' Manhole 1 ea. $3,000.00 $3,000.00 Inlet Protection 2 ea. $220.00 $440.00 $47,436.00 , • 17 SURD AG 02/10/2009 09:23:04 AM G, .rt l0r c z Cser k/Reoorde0 D Puebl o Coun 0 CD r �Ni� mill il`���+�`i��R�+���� Monument Boxes Monuments 9 ea. $655.00 $5,895.00 $5,895.00 S treet Llght 4 ea. $1,450.00 $5,800.00 $5,800.00 Pavement Markin Epoxy Marking 1,500 LF $1.35 $2,025.00 $2,025.00 B.M.P.'.s Silt Fence 850 LF $3.00 $2,550.00 Straw Bales 25 ea. $14.00 $350.00 Establish Vegetation 5 AC. $1,300.00 $6,500.00 $9,400.00 General Excavation Cut & Fill, Grading $47,650.00 Grade Road Sub Base $21,475.00 tee soil & grade $8,760.00 $77,885.00 Total Cost of Improvements Summo Court Phase Three. $309,510.00 / 1795383 SUBD AG 02/10/2009 09:23:04 RM Page: 19 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III FW�PL'4 `t;ki1 +CI�W Lh�,N�4� AifLhi�+,®1 111 Total Cost of Improvements Pinon Ridae Commercial Center: PHASE PHASE II PHASE II GRAND TOTA $1,580,564.00 $791,040.45 $687,440.00 $3.059.044.45 The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XI of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required .Public I ments and (ii) the unit prices shown hereon are the most current unit prices orovd of Pueblo. [P.E. SE REVI ngi ring Div. Wastewater Dept. wgter Dept. Tra ortation Div. APPROVED BY: Direc r of P I Wor Date 1795383 Sl1BD AG 02/10/2009 09:23:04 A0 Pa 20 of 25 R 126.00 D 0.00 T 125.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®iii awe Nip i1` ru�r �'tW1 W, r+��� M h 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Pinon Ridge Commercial Center DEVELOPER: Summo Inc. ENGINEER: Gagliano Engineering Inc Itemization of Required Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") This is an estimate only. AcWal construction costs may vary. PREPARED BY: FIRM: Gagliano Engineering Inc. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code <and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improved (ii) the unit prices shown hereon are the most current unit prices provided by V. [P.E. SEAL] REVIEWED BY: 37210 L'Ik V. �5 9' P fessional Engineer r5ate N I N Engineering Div. Stormwater Dept. Wastewater Dept. N11 Transportation Div. Board of Water Works APPROVED BY: � DPW 101 Dec. 2007 • 1795383 SUBD AG 02/10/2009 09:23:04 9g HM Gi 9. ZSerk//Reoorde D rr, Puebla Co ntt6, 0 Co ®III lei 11111 11 r,�,,Wl w 01w mmf IMM k 11111 Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Gagliano Engineering Sheets:SS 1 of 4; SS 2of 4:SS 3 of 4;SS 4 of 4 12/28/08 Frontage Road Sanitary & 1 -25 Bore Phase 1: Values as per unit Price List for Exhibit "B" prices through Dec. 2008 Sanitary Sewer Station 0 +00 thru 2 +35 550 LF Bore 1 -25 ( value based on City costs for most recent bores) $150,000.00 21" SDR -35 235 LF included 42" steel casing 235 LF included 60" Manholes tea $5,000.00 $10,000.00 Restoration $10,000.00 $170,000.00 Station 2 +35 thru 9 +00 21" sdr -35 (Average of excavation 20') Trench & Bedding Restoration of abandoned Frontage Road 665 LF 60" Man Hale tea Station 9 +00 Thru 14 +50 21" SD R-35 550 LF (Average depth of excavation 16') 60" Man Hole 3ea. Restoration $41.00 1. Culvert @ Dillon 24" SDR -35 60 LF 2 Concrete Pan 400 SF 3 18" Driveway culvert 40 LF 4. Pavement patch 180 SY 5. Additional cost narrow ROW & intense utilities 6. Grade & seed .5 AC $150.00 $99,750.00 , $5,000.00 $10,000.00 $109,750.00 $100.00 $55,000.00 $5,000.00 $15,000.00 $44.00 $2,640.00 $4.00 $1,600.00 $41.00 $1,640.00 $16.00 $2,880.00 $50,000.00 $1,300.00 $650.00 $129,410.00 J' Station 14 +50 Thru 29 +00 $16,000.00 21" SID R-35 1,450 LF ( Average depth of excavation 12.5') 60" Man Hole 4 ea. Restoration Culvert Drive # 1 120 LF Restoration Culvert Drive # 2 50 LF Restoration Culvert Drive # 1 50 LF Grade & seed disturbed areas 2 AC Station 29 +00 Thru 38 +53.7 21" SDR- 35 1,153.7 LF ( Average depth of excavation 8') 60" Manhole 3 ea. Grade & seed disturbed areas 2 AC $87.00 $126,150.00 $4,000.00 $16,000.00 $41.00 $4,920.00 $41.00 $2,050.00 $41.00 $2,050.00 $1,300.00 $2,600.00 $153,770.00 $75.00 $86,528.00 $3,000.00 $9,000.00 $1,300.00 $2,600.00 $98,128.00 Total Cost $661,058.00 1795383 SUBD AG 02/10/2009 09:23:04 AM Page e D0h C 0o ounty, brt Ortiz CerktReorde Cc 1111 r,6PIU IM'VN11111 .l 1795383 SUBD AG 02/10/2009 09:23:04 AM Page: 23 of 25 R 126.00 D 0.00 T 126.00 Gilbert Ortiz Clerkf Recorder, Pueblo County, Co ®III WJD 1 1 1 1 1W1WR A IN IMA1 4 11111 Pinon Ridge Subdivision Agreement Exhibit "B" Subdivision Name: Pinon Ridge Commercial Center Developer: Summo Corp. Engineer: Gagliano Engineering Sheets:SS 1 of 4; SS 2of 4:SS 3 of 4;SS 4 of 4 12/28108 Frontage Road Sanitary & 1 -25 Bore Phase I: Values as per unit Price List for Exhibit 'B" prices through Dec. 2008 Sanitary Sewer Station 0 +00 thru 2 +35 Bore I -25 ( value based on City costs for most recent bores) $150,000.00 21" SDR -35 235 LF included 42" steel casing 235 LF included 60" Manholes tea $5,000.00 $10,000.00 Restoration $10,000.00 $170,000.00 Station 2 +35 thru 9 +00 21" sdr -35 (Average of excavation 20') Trench & Bedding Restoration of abandoned Frontage Road 665 LF 60" Man Hole 2ea Station 9 +00 Thru 14 +50 21" SID R-35 550 LF (Average depth of excavation 16) 60" Man Hole 3ea. Restoration 1. Culvert @ Dillon 24" SDR -35 60 LF 2 Concrete Pan 400 SF 3 18" Driveway culvert 40 LF 4. Pavement patch 180 SY 5. Additional cost narrow ROW & intense utilities $150.00 $99,750.00 $5,000.00 $10,000.00 $109,750.00 $100.00 $55,000.00 $5,000.00 $15,000.00 $44.00 $2,640.00 $4.00 $1,600.00 $41.00 $1,640.00 $16.00 $2,880.00 $50,000.00 6. Grade & seed .5 AC Station 14+50 Thru 29 +00 21" SDR -35 1,450 LF ( Average depth of excavation 12.5') 60" Man Hole 4 ea. Restoration Culvert Drive # 1 120 LF Restoration Culvert Drive # 2 50 LF Restoration Culvert Drive # 1 50 LF Grade & seed disturbed areas 2 AC Station 29 +00 Thru 38 +53.7 $1,300.00 $650.00 $129,410.00 $87.00 $126,150.00 $4,000.00 $16,000.00 $41.00 $4,920.00 $41.00 $2,050.00 $41.00 $2,050.00 $1,300.00 $2,600.00 $153,770.00 21" SDR- 35 1,153.7 LF $75.00 $86,528.00 ( Average depth of excavation 8') 60" Manhole 3 ea. $3,000.00 $9,000.00 Grade & seed disturbed areas 2 AC $1,300.00 $2,600.00 Offsite Sanitary Sewer (see "Eaglecross Business Park Back Lot Sanitary Sewer Line" estimate) Total Cost $98,128.00 $692,294.00 $1,353,352.00 1795383 SUBD AG 02/10/2009 09 :23:04 AM Page: 24 of 25 R 126.00 D 0.00 T 126.00 G ert Ortiz Clerk /Recorder, Pueblo County, Co EAGLE CROSS BUSINESS PARK Back Lot Sanitary Sewer Line Exhibit "B" .�da QTY UNIT ESTIMATED n'` i k ITEM IMPROVEMENTS ecross Business Park "BACK LOT SANITARY SEWER LINE" STA. 0 +00 to 32 +00 n ini Reeves, Inc. Sheets 12 & 13) ARY SEWER R -35 Main 3260 LF $87.00 $283,620.00 meter Manhole 10 EA $5,000.00 $50,000.00 lines [TAL 4 EA $1,400.00 $5,600.00 or const. staking 1 LS $5,000.00 $5,000.00 $344,220.00 NG FOR SAN. SEWER & Backfill 99920 CY $2.20 $219 ,824.00 No shrink or swell factors Fill 42750 CY $3.00 $128,250.00 No shrink or swell factors NOTE: Im ort fill to provide 4' cover above desi ned i S UBTOTAL $348,074.00 T OTAL $692,294.00 RAND TOTAL $692,294.00 Gagliano Engineering, Inc. provides no warranty, guaranty, or certification of the engineered public improvement plans as provided by Mangini Reeves, Inc. Certification is for this cost estimate only. 1795383 SUBS AG 02/10/2009 09:23:04 AM Gi ert C Clerk/Recorder, P 0 .00 bio County Cc ®ui I '�PL4 61�h�tUP�4 IN * W N ' " " °1 iii Page 1 of 1 Reception 1858930 11/12/2010 ADDENDUM NO 1 TO SUBDIVISION IMPROVEMENTS AGREEMENT THIS ADDENDUM NO 1 to Subdiv s on Improvements Agreement ( "Addendum No 1 ") is made and entered into as of this 5 day of November, 2010, between the City of Pueblo, a Municipal Corporation ( "City "), Summo Inc., a Colorado Corporation ( "Subdivider ") and Frontier Bank, a branch of First National Bank in Lamar, a national bank ( "Lender ") WHEREAS, Subdivider has subdivided a certain tract of land in connection with the plat of Pinion Ridge Commercial Center (the "Subdivision "), and WHEREAS, as a condition of approval of the Subdivision, Subdivider entered into a Subdivision Improvements Agreement with City dated January 23, 2009 (the "SIA "), which was recorded on February 10, 2009 in the Records of the Pueblo County Clerk and Recorder at Reception No 1795383, and WHEREAS, in order to expedite development of the area within the Subdivision, the City is willing to initially pay for certain costs of materials for a sewer extension to the Subdivision, subject to recovery of such costs, as provided herein, from property within the Subdivision which will be benefitted by such sewer extension, and WHEREAS, subsequent to recording of the SIA, Lender has been granted an interest in all property within the Subdivision by virtue of Deed of Trust, Security Agreement, Fixture Filing and Financing Statement recorded in the records of the Pueblo County Clerk and Recorder on May 11, 2009 at Reception No 1804826 (the Deed of Trust), NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the City, Subdivision and Lender agree as follows A. A new Section 19 is hereby added to the SIA to read as follows 19 Material Cost Assistance — Off -Site Sanitary Sewer (a) At such time as Subdivider has constructed, in accordance with approved plans and drawings, and in accordance with City's Ordinances and latest version of the City's Standard Construction Specifications and Standard Details, the 21 — inch off -site sanitary sewer line as depicted in the "Eaglecross Business Center and Sanitary Sewer Parallel Main" improvement plans prepared by Gagliano Engineering Inc dated August 11, 2010, Subdivider may request payment from the City Sewer Enterprise for the materials cost of the 1858930 ADD_AGR 11/12/2010 04 08 49 PM Page 20 of R 36 00 0 00 T 36 00 Gilbert rtiz Clerk /Recorder Pueblo County Co M113 � � � �'� I . « L � P�I'� � III 1 Rev 001 pipe and pipe bedding for such sewer line, not to exceed $109,945 00 The request shall be accompanied by paid invoices with lien waivers executed by the material suppliers of the pipe and pipe bedding (b) If the Director of the Sewer Enterprise determines that the work appears to have been properly performed and the cost of such materials has been fully paid by Subdivider, the Director will authorize payment to Subdivider for the cost of such materials up to a maximum amount of $109,945 00 (c) Upon payment by City, City shall have a lien upon every lot and parcel within the Subdivision, except upon Lot 1, Block 1, superior to all other liens except the lien for general taxes, equal to the proportional amount of the sum paid by City under this section calculated by multiplying the costs paid by City by a fraction where the numerator is the size of the lot or parcel in acres and the denominator is 25 7408 By way of example, if the City pays the full $109,945 00 to the Subdivider, the lien on a one acre lot in the Subdivision shall be 1= 25 7408 x $109,945 = $4,271 23 The amount of the lien upon each lot and parcel shall be referred to herein as the "Per- Lot -Sewer Extension Fee" (d) The Per - Lot -Sewer Extension Fee shall be adjusted on the first day of January of each calendar year, commencing on January 1, 2013, by the annual percentage change, if any, during the preceding calendar year, in the construction cost index as prepared in the Engineering News Report (ENR) published by McGraw Hill Companies or its successor In the event such index ceases to be published, the Director of the Sewer Enterprise shall select, in his sole and absolute discretion, a comparable index upon which to adjust the Per - Lot -Sewer Extension Fee for inflation (e) No building permit shall be approved or issued for any building or structure within the Subdivision until and unless the Per - Lot -Sewer Extension Fee has been paid for such lot or parcel upon which the building or street is to be located Upon payment of the adjusted Per - Lot -Sewer Extension Fee for any lot or parcel, the lot or parcel will be released from the lien imposed by this Section 19 (f) The Per - Lot -Sewer Extension Fee shall be in addition to, and not in lieu of, the sanitary sewer connection fee and the plant 2 1858930 ADD_AGR 11/12/2010 04 08 49 PM Page 30 R360 Gilbe rt iz 6 Clerk /Recorder 00D Pueblo County Co III rEti ,1 NVAL ISM lid IN MI111 Rev 001 investment fee assessed to new connections pursuant to Chapter 11 of Title XVI of the Pueblo Municipal Code, as amended B Except as expressly modified by this Addendum No 1, the SIA shall remain in effect and be binding according to its terms upon the Subdivider, its successors in interest and upon all property with the Subdivision The provisions of this Addendum No 1 shall run with the land within the Subdivision, and may be specifically enforced against the Subdivider, its successors in interest, and against all subsequent owners of property within the Subdivision C Lender specifically agrees that the lien created upon all Tots and parcels within the Subdivision (except for Lot 1, Block 1) shall have priority over the lien secured by the Deed of Trust, and the lien of the Deed of Trust shall be junior and subordinate to the lien created under Section 19 of the SIA as amended by this Addendum No 1 D Notwithstanding any other provision of the SIA or this Addendum, unless the Lender requests that a building permit be approved or issued for any building or structure within the Subdivision, the Lender is neither responsible nor obligated to pay for the Per - Lot -Sewer Extension Fee [Remainder of page intentionally left blank] 3 1858930 ADD_AGR 11/12/2010 04 08 49 PM Page 4 6 R 36 00 D 0 00 T 36 00 Gilbert Ortizof zyClerk /Rec order ppPuueb Coun� ` III �P���'I I�bal� I�� �I���� I III Rev 001 SUBDIVIDER. SUMMO, Inc., a Colorado Corporation [SEAL] By %‘-1 r > hn C Musso, President V STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was duly acknowledged before me this/ day of /O Aid l" , 2010 by John C Musso, as President of SUMMO, Inc., a Color do corporation. Witness my hand and official seal. My commission expires en C) 1 U [SEAL] o 0:. O..)11A0o _ — N-- ..�.-- ..-- .._.�. Notary Public MIC HELE M CORREA NOTARY PUBLIC STATE OE COLORADO My commission expires ;�; ; l a 4 • 1858930 ADD_AGR 11/12/2010 04 08 49 PM Page 5 of 6 R 36 00 D 0 00 T 3 00 Rev 001 Gilbert Ortiz Clerk /Recorder Pueblo County Co III i �P��' M A 'wht !num, 11"1 11111 LENDER. Frontier Bank, a branch of First National Bank in Lamar, a national bank By i. y` S tSr., V\A r Name ca.,, , s - y 1 � Title V 1 C--� C STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) S` - The fore instrument was duly acknowledged before me this , L day of 1,a) 'imt_�.�Q.�i ) , 2010 by Ci a A t�l, a u `L . as \I( CP R - ES t di Q-111 - ofFrontterBank, a branch of First National I ank in Lamar, a national bank. Witness my hand and official seal. My commission expires. 0 (Y - I'-I- c [SEAL] ----- k .rjn �.Q L f 1 . C ) Ti 0 0 ..` Notary Public 1 MICHELE M CORREA NOTARY PUBLIC STATE O' COLORADO My commission expires, t ;E,,,;j„? ,,,, 5 1858930 ADD_AGR 11/12/2010 04 08 49 PM Page 6600D000T3 Gilbert Ort iz 6 Clerk / Pueblo C oun 0 ty Co III Pa, .P6\' I 'llaii rililii CC P CI 1ti I I '1' Pi MI111 Rev 001 0 4'' '' 1 '° .41. i ..r, , , \ #; 5 j '2'1 , :, A ,v I -.1. pa . rr�t. ..asos c' b .'. -�- A'$ / City of Pueblo, a Municipal Corporation at wry Attest: -_ ,— _ - C� 1 \ \. By 7R,w2ent,_ k) . 85L-' City jrk President of the City Council STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was duly acknowledged before me this day of /Vdden-e/ . 2010 by Lawrence W Atencio, as President of the City Council and Gina Dutcher as City Clerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires. c' /7 /zo /i ���F�P,f:° -1..m -A-- sic. '' . • c t �OTAFt y- R` Public '-�'� 6 Reception 1795384 02/10/2009 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become apart of the January 23, 200 ,9 Subdivision Improvements Agreement for Pinion Ridge Commercial Center (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. 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 the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of January 23, 2009 SUM O Inc., a Colorado Corporation bdivider DPW 103 1/6/04 STATE OF COLORADO COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me this 23 day of - liftNic u Y , ` by Ct�,rt C. (lluslsc] Subdivider. President, SUMMO, Inc., a Colorado Corporation Witness my hand and official seal. ... .. ....... :..:::.;; My commission expires: 6: F CD :N [SEAL] Notary Publ v .fi •.. E, CITY OF PUEBLO, a Municipal Corporatio / � B GfiG. President of the Council 1795384 ADD_AGR 02/10/2009 09:23:04 AM Page: 2 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc millK111 s r�WIM i� M V11 min 11014 milli DPW 103 1/6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Block 1 Lot # 1 Block 1 Lot # 2 Block 2 Lot # 10 Block 2 Lot # I I Block 2 Lot # 12 (b) Phase II shall consist of the following lots within the Subdivision: Block 2 Lot # 2 Block 2 Lot # 5 Block 2 Lot # 8 (c) Block 2 Lot # 3 Block 2 Lot # 6 Block 2 Lot # 9 Block 2 Lot # 4 Block 2 Lot # 7 Phase III shall consist of the following lots within the Subdivision: Block 2 Lot # 1 Block 3 Lot # 1 Block 4 Lot # 1 Block 3 Lot # 2 Block 3 Lot # 3 Block 4 Lot # 2 1795384 ADD RGR 02/10/2009 09:23:04 AM Page: 3 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz Clerkl Recorder, Pueblo County, Co ®III Wh1 W'Amlff W MWI KIWI Mmil 11111 DPW 103 1/6/04 17 ADD _AGR 02/10/2009 09:23:04 AM Galbe rtOrtiz Clerk /Reoor, er0 Pueblo County, Co Mill IdaiCAVIC1101WmImIlmalia'I li11III F F - a F r x II it 6 F Reception 1795385 02/10/2009 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PER ACRE FEE) This Addendum shall be incorporated in and become a part of the j/4& , 200q Subdivision Improvements Agreement for the Pinion Ridge Commercial Ce r (heein thee "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement, 1. Prior to issuance of a building permit to build or construct any building or structure on Lots 1 and 2, Block 1; Lots 1 through 12, Block 2; Lots 1 through 3, Block 3; and Lots 1 and 2, Block 4 within the Subdivision, the sum of $3,909.00 per acre shall be deposited (the "Deposit ") with the Director of Finance for the future completion of installation of a Traffic Signal located at the intersections of Platteville Boulevard and Elizabeth Street, per City of Pueblo specification ( "Improvements "). The above cost per acre amount shall be adjusted by the annual percentage change, if any, during the preceding calendar year, in the construction cost index as reported in the Engineering News Record (ENR) published by The McGraw Hill Companies. 2. The Deposit shall be held in an interest - bearing account identified as the Pinion Ridge Traffic Signal ( "Account "). The Deposit and interest thereon shall be expended solely for the completion of the Improvement within twelve (12) years of the date of the Deposit. If the improvements have not been installed within such twelve (12) year period, the twelve (12) year period shall be extended, if in the opinion of the City's Director of Public Works it appears likely the improvements will be needed, provided that such twelve (12) year period may not be extended for more than twelve additional years. Deposit not expended shall be refunded upon formal application by the Subdivider. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period, or as extended if applicable, following date of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment. 3. 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 / O 200' SUMMO Inc., a Colorado Corporation Subdivider By John C. 1 usso President, SUMMO Inc STATE OF COLORADO COUNTY OF PUEBLO he foregoing - strument 20041, y John C. Corp ation, as Subdivider. y My commission expires: - -- City At 1795385 ADD RGR 02/10/2009 09:23:04 All Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 111i KWhAViA AWM NA IJ'44 11111 ss. was acknowledged before me this .2 ay of Musso as President of SUMMO Inc., a Colorado ��. - CITY OF PUEBLO a Municipal Corporation By President of the City Council Q� C Approved as to Form: - -- City At 1795385 ADD RGR 02/10/2009 09:23:04 All Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 111i KWhAViA AWM NA IJ'44 11111 ss. was acknowledged before me this .2 ay of Musso as President of SUMMO Inc., a Colorado ��. - CITY OF PUEBLO a Municipal Corporation By President of the City Council