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HomeMy WebLinkAbout07978Reception 1805863 05/19/2009 Ordinance No. 7978 AN ORDINANCE APPROVING THE D.A.V. SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the D.A.V. Subdivision Plat being a subdivision of land legally described as: Block 113, Beulah Heights, First Filing, Except a right -of -way conveyed to Pueblo, a Municipal corporation, More particularly described as the Easterly 16 feet of Block 1B, Beulah Heights, First Filing, running Parallel and adjacent to Prairie Avenue, County of Pueblo, State of Colorado. Property contains 3.952 Acres more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The Subdivision is approved with the following conditions: Allow the waiver for overhead power lines to remain overhead along O'Neal Avenue if landscape improvements are made within the right -of -way along Prairie Avenue. All landscaping must conform with Municipal standards and be completed prior to the issuance of a Certificate of Occupancy for any building permit issued for Lots 1 or 2, Block 1B, D.A.V. Subdivision. 2. All electric feeds to the streetlights located on the northern and southern property lines of the subdivision (adjacent to O'Neal Avenue and Aster Street) must be buried. 3. Approval subject to a design review of the proposed structure on Lot 2 by the staff of the Planning Department to determine that the design is appropriate for the location both as it relates to Prairie Avenue and the adjacent neighborhood in order to continue to enhance the appearance of the neighborhood. SECTION 3. 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. 1805863 ORD 05/19/2009 03:19:27 PM Pe e: 2 of 2 R 11.00 D 0.00 T 13,00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co SECTION 4. 11111AMIVICHICIVIV MI ILK 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 5. 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, (b) the conditions of Section 2 have been met and complied with, and (c) 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 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. t ATTESTED BY. Y`CLERK INTRODUCED: February 9, 2009 BY: Randy Thurston COUNCIL PERSON APPROVED: LGs✓ PRESIDENT OF CIT COUNCIL PASSED AND APPROVED: February 23, 200 ON aim I ff. NO= Background Paper for Proposed ORDINANCE AGENDA ITEM # 16 DATE: FEBRUARY 9, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE D.A.V. SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide Block 1 B, Beulah Heights Subdivision into two lots to facilitate redevelopment on the southern portion of the parcel? The Planning and Zoning Commission, at their January 14, 2009 Regular Meeting, voted 6 -0 to recommend approval with the following conditions: 1. Allow the waiver for overhead power lines to remain overhead along O'Neal Avenue if landscape improvements are made within the right -of -way along Prairie Avenue. All landscaping must conform with Municipal standards and be completed prior to the issuance of a Certificate of Occupancy for any building permit issued for Lots 1 or 2, Block 1 B, D.A.V. Subdivision. 2. All electric feeds to the streetlights located on the northern and southern property lines of the subdivision (adjacent to O'Neal Avenue and Aster Street) must be buried. 3. Approval subject to a design review of the proposed structure on Lot 2 by the staff of the Planning Department to determine that the design is appropriate for the location both as it relates to Prairie Avenue and the adjacent neighborhood in order to continue to enhance the appearance of the neighborhood. BACKGROUND The applicants are proposing to resubdivide Block 1 B, Beulah Heights Subdivision into two lots to facilitate redevelopment on the southern portion of the parcel. The subdivision would create two large lots, Lot 1, 85,040 square feet and Lot 2, 87,120 square feet. Currently the DAV occupies the northern half of Block 1B with a lounge /hall. The southern portion of parcel is a vacant and vegetated with native grasses. The east and west property lines are fenced with chain -link and the power for the building and parking lot lighting is provided from overhead feeds. The applicants have requested a waiver to allow all power, along O'Neal and Prairie Avenues, to remain overhead. Staff supports the request for waiver, allowing the power lines to remain, with the condition that the right of way adjacent to Prairie Avenue and the proposed subdivision be landscaped. The electric feeds located on the northern and southern property lines adjacent to O'Neal Avenue and Aster Street will be buried. FINANCIAL IMPACT None. Reception 1805865 05/19/2009 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on _&a,4 17 between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Steel City Chapter 39 Disabled Americana Veterans 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 D.A.V. Subdivision Filing Nol ( "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 18 SUBO AG 05/19/2009 03:19:27 PM G116ert z /Recorde: Pueblo Courty, O r 0 , Cc ®III M16KPIKAk1MAr, MN 1���IMIMMil 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. 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 1805865 SU60_RG 05/19/2009 03:19:27 PM Page: 3 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III RAPMMKINH OMICKAltiAi A1014, 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. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (l) 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 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 Dee. 2007 18 SUED _RG 05/19/2009 03:19:27 PM GHlbert z Pueblo Coun Cc ®III N�' iNdri�ut�Iq t�I��ICI�h'bM�1�4'I�+�II�iY 1 ®I III 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 party 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 1805855 SUBD_RG 05/19/2009 03:19:27 PM Page: 5 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clark /Recorder Puebla County.. Cc 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 XI 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 XI 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 Xll 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 X11 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 1805355 SUBO_RG 05/19/2009 03:19:27 PM Giilbert Clerk/Recorde de P r 0 0 blo ounty Cc uF 1111M %MINM'��iw�rl�Tt�tir&W A Kii 11111 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. Steel City Chapter 39 Disabled American Veter Subdivider (SEAL) By: Lee Romer By: y - The foregoing instrument was acknowledged before me on Nsk a ? by Steel City Chapter 39 Disabled American Veterans Subdivider. pe10R111f q ' ' ion expires: �� �11{�}LEiomYss a j*4-o O ' C '•'� _ tt o :a Nota y Public Co 4 Y Y OF PUEBLO, a Municipal Corporation i� day�� 4yl�t` ; " / /GCS✓ top � r`` . B f City Council President of AT ST ra City rk KI ° N #� STATE OF COLORADO ) 1 2.� $ ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this f day of gAnl ' 2009 by Ve rat 01_jr as President of C ty Council, and &) )-\A - as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 Dec.2007 r. J , My c9mmission expires �.SEA� ,,A4RC�V .l� TO FORM: City // 719/ -mw i 1805865 SUBD AG 05/19/2009 03:19:27 PM Pa ge: 7 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz ClerkfRecortler, Pueblo County, Co ®IIIIrY'6 Plil ���� '11 4�R1 4��1 +tiMA14 ®1III DPW 101 Dec.2007 EXHIBIT "A" SCHEDULE NO: 1515111301 LOCATION ADDRESS: 2850 CNEAL AVE., PUEBLO, CO. 81005 OWNER: STEEL CITY CHAPTER 39 DISABLED AMERICAN VETERANS DATE: February 18, 2009 DESCRIPTION Block 113, Beulah Heights, First Filing, except right -of -way conveyed to Pueblo, a Municipal Corporation more particularly described as the Easterly 16 feet of Block 113, Beulah Heights, First Filing, running parallel and adjacent to Prairie Avenue, County of Pueblo, State of Colorado. 1805865 SUBD AG 05/19/2009 03:19:27 PM Page: 8 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ���� �W�PJ�illu l�4L��d' i,h�h 11 Uk+ti WI M"l 11111 1805865 SUBD AG 05/19/2009 03:19:27 PM Page: 9 of 10 R 51.00 D 0.00 T 51.00 F.MBIT'B" Gilbert Ortiz Clerk /Recerderrr, Puebla County, Cc DEVELOPMENT: D.A.V. SUBDIVISION ®III I�.6MI ��hM�h#�i3ff HTWM,1W6101 M "i 1 1111 DEVELOPER: GLORYA AND PHILIP SILVA, D.A V. ENGINEER: ABEL CONSULTING SERVICES, INC. PHASE 1 DevsahWaa Sawcul Asphalt yd' S1,408.00 610 LF @ $1.10 / LF = $671.00 Demo Asphalt SF = $2,346.00 2,410 SY @ $4.00 / SY = $9,640.00 Demo Concrete Curb & Gutter along Aster St. SF = $5,499.00 361 LF (a $8.00 / LF = $2,888.00 Demo Concrete Sidewalk along Aster St. LF = $4,332.00 1,444 SF @, $3.80 / SF = $5,487.20 Demo Concrete Sidewalk along Prairie Ave. SF = $408.00 541 SF @ $3.80 / SF = $2,055.80 'Remove Overhead Power and Burry (per Blackhills E.) = $6,230.00 EA @ / EA = S2,184.47 'Includes the war to convert OH street lights on Aster to an UG System and retirement of the overhead conductors IRIProYLIIKRrr Asphalt Patch in Streets 88 yd' @ $16.00 / yd' S1,408.00 4" Concrete Sidewalk along Prairie Avenue 782 SF @ $3.00 / SF = $2,346.00 4" Concrete Sidewalk along Aster Street 1,833 SF @ S3.00 / SF = $5,499.00 Concrete Curb &Gutter along Aster Street 361 LF @ S12.00 / LF = $4,332.00 Handicap Ramps 102 SF na $4.00 / SF = $408.00 7" Drive Cut 1,246 SF @ $5.00 / SF = $6,230.00 UClrtles Fire Hydrant Assembly 1 EA @ $3,250.00 / EA = $3,250.00 Water Service Line 1 EA @ $1,000.00 / EA = $1,000.00 Sanitary Sewer Service Line 1 EA @ $1,200.00 / EA = $1,200.00 Drainage IRryrovementr 6 Erosion Control Overlot Grading 4,274 CY @ 52.20 / CY = S9,402.80 Fine Grading (Pond & Channel) 0.84 AC @ $18,165.00 / AC = $15,258.60 Pond and Channel Planting and Vegetation . 0.84 AC @ $1,300.00 / AC = $1,092.00 Interim Soil Stabilization Fabric 10000 SF @ $0.65 / SF = $6,500.00 Retaining Wall Structure 86.00 LF @ S200.00/ LF = $17,200.00 E.U.R.V. Release Plate 1.00 EA @ $200.00 / EA = S200.00 Sidewalk Chase 1 EA @ $200.00 / EA = $200.00 Silt Fence 600 LF @ $3.00 4 /LF = $1,800.00 Straw Bales (Swale) 12 EA @ $13.00 / EA = $156.00 Vehicle Tracking Control 1 EA @ S800.00 / EA = $800.00 PHASE 1 TOTAL = $101,206.87 Page 1 1805865 SUBD PC 05/19/2009 03 PM E n Galbert l 0rt iz Cg rkRR pueblo C 51. Co XR7BTl "B" DEVELOPMENT: D.A.V. SUBDIVISION ®III jFlut"wilrEN lwj i8'Ii:W' Y71Lw'y 'Y®IIII DEVELOPER: GLORYA AND PHILIP SILVA, D.A.V. ENGINEER: ABEL CONSULTING SERVICES, INC. PHASE 2 Demaladon Demo Concrete Sidewalk along Prairie Ave. 1,533 SF A $3.80 / SF = S5,825.40 Removal of Water Meter and Decomission Service Line 1 EA (d $500.00 / EA = S500.00 'Rcmc•ro C ? :cad Power and Duiv, fpe: B ckYullr: E.i EA EA -Due to the Phase 2 taking place at some unkown future date, the pricing for burial of power lines will be assessed at that time Impovemeatr 4" Concrete Sidewalk along Prairie Avenue 1,860 SF A $3.00 / SF = $5,580.00 Handicap Ramps 102 SF A $4.00 / SF - $408.00 PHASE TOTAL = $12,313.40 NOTES: 1. This is an estimate only. Actual construction costs may vary. 2. Landacping costs are NOT included in this estimate with the exception of reseeding the pond and channels. These costa will be provided by Landscape Architect. PREPARED BY: Darlene K. Horn, P.E. FIRM: Abel Consulting Services, Inc. The undersigned hereby certifies that (i) the REQUIRED Public Improvements shown hereon and on the Plans and Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title XII of the Pueblo Municipal Code as amended and the currents standards and specifications as approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon arq the most current wit prices provided by the City of Pueblo. 11 F PK �AAJ REVIEWED BY. a r Board of Water Works APPROVED BY: _T-T Direc r Of Pub Date Page 2 Reception 1806687 05/28/2009 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the MA%zr 4 F7 , 20o9 , Subdivision Improvements Agreement for D.A. V. Subdivision Filing No 1 (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 I 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 17 11 d A y 0 F 'A r4 i 2 Steel City Chapter 39 Disabled American Veterans Subdivider DPW 103 1/6/03 By (7:� By Lee Romero STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this irk tL day of (V� 2oo9 by Steel City Chapter 39 Subdivider. Disabled American Veterans Witness my hand and official seal. commission expires: I vL 10 7 �3�C1.5 '• k S�A� ]� = Not *y Phblic CITY OF PUEBLO, a Municipal Corporation B �{�u President of the Council 1806687 ADD AGR 05/28/2009 10:25:49 AM Page: 2 of 3 R 36.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III NNLN IA51+ih144 {014 11111 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: Lot 2 Block 1B, D.A.V. Subdivision, Filing No. 1, Formerly block 1B, Beulah Heights Subdivision, Filing No. 1,:.Located within a Parcel of land located in the East one half of the NE Quarter, Section 15, Township 21 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado. (b) Phase II shall consist of the following lots within the Subdivision: Lot. 1,,. Block 1B, D.A.V. Subdivision, Filing No. 1, Formerly Block 1B, Beulah Heights Subdivision, Filing No. 1, Located within a Parcel of land located in the East one half of the NE Quarter. Section 15, Township 21 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado. 18 ADD_RGR 05/28/2009 10:25:49 AM Gllbe 3 of Pueblo l Cou 0 nty, Co ®III F� I�ithl�� �4�xh4a,N9N W M MLIM N 1111 DPW 103 1/6/04