Loading...
HomeMy WebLinkAbout6168Na 86091 , �,Ro e � �f� APR 2 5 1988 " ?u2 _t: ���r ;- R22 pU�eLQ RESOLUTION NO. 6168 A RESOLUTION APPROVING ADDENDUM NO. 2 TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR GATEWAY SUBDIVISION FIRST FILING AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Addendum No. 2 to Subdivision Improvements Agreement for Gateway Subdivision First Filing dated February 22, 1988, by and between Pueblo, a Municipal Corporation, and Otero Savings and Loan Association, Inc., having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Addendum on behalf of the City and the City Clerk is directed to affix the seal of the City thereto, attest the same and record said addendum and a certified copy of this resolution in the office of the Pueblo County Clerk and Recorder. SECTION 3. This Resolution shall become effective upon final passage and approval. INTRODUCED March 28 , 1988 By MIKE SALARDINO Counci person APPROVED: Pr i ent of the Council ATTEST: Ci Clerk �Dtlk 94 ADDENDUM NO. 2 TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR GATEWAY SUBDIVISION FIRST FILING The City of Pueblo, a Municipal Corporation (City), and Otero Savings and Loan Association, Inc. (Subdivider) agree as follows: 1. Subdivider shall, within one hundred eighty (180) days after approval by City of this addendum, construct and install in accordance with plans and specifications previously approved by the City's Director of Public Works, the following public improvements in Gateway Subdivision First Filing: a. Excavate and dispose of dirt for detention basin (6400 cubic yards plus or minus). b. Construct eight (8) foot wide low -flow concrete pan (215 l.f. plus or minus). C. Properly backfill existing low -flow pan on west end. d. Regrade and compact channel from the storm sewer outlet pipe to the detention basin. e. Furnish and place rock rip -rap (181.5 cubic yards plus or minus). f. Clean storm sewers. g. Complete asphalt curb radius and regrading of highway borrow ditch. 2. Subdivider shall neither be required to hydro- mulch, sod nor install a sprinkler system for the detention basin in this subdivision. 3. City agrees to accept the sum of $24,048.00 from Subdivider as money in lieu of improvements for the park dedicated in this subdivision. Upon receipt of such funds and timely construction and installation of the public improvements described in paragraph 1, the City will release the above - referenced Subdivision from the requirements of the original subdivision improvement agreement for the subdivision and the two addenda thereto. 4. City agrees that, upon completion of the above - referenced improvements and release of the Subdivision from the improvement agreement, Subdivider shall not be responsible for maintenance of any of said improvements. 5. Failure to timely and completely comply with the provisions of this addendum will cause the parties' original subdivision improvements agreement dated March 12, 1979, as amended on April 13, 1981, to be and remain enforceable, as if executed on the date of this addendum. 6. This addendum shall become a part of the parties' subdivision improvement agreement dated March 12, 1979, as amended on April 13, 1981, as if incorporated therein, shall constitute a covenant running with the land and shall extend to and be binding upon and inure to the benefit of the successors and assigns of the Subdivider and the City. Executed at Pueblo, Colorado, on February 2 , 1988. SUBDIVIDER: OTERO SAVINGS & LOAN ASSOCIATION, INC. By: CHARLES . S EN CUTIVE VICE ATTEST: PRESIDENT gs t ��— At Pa IDER, ASSISTAN SECRETARY STATE OF COLORADO ) r=1+P4 ) ss. COUNTY OF Fl ) The foregoing instrument was acknowledged before me this day of , 1988, by and .. ��„ , r G? � a✓ Witness my hand and official seal. My commission expires /i Ig 1515 n ( PG'9O' Notary P is ti. L4 0=21394 PmF805 CITY OF PUEBLO Pr6bfdent ATTEST,: i Sec ta'r't' STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing ' nstrument was acknowledg d before me this day of , 1988, by President and Secretary. f ,. <Witnest my hand and official seal. 4sy cQmmkssion expires may. /3, z, Notary Public APPROVED AS TO FORM: CITY ATTOR E 00OX2394 PAGF826 I, Marian D. Mead, City Clerk of the City of Pueblo, Colorado, do hereby certify that the attached is a true and correct copy of Resolu- tion No. 6168, adopted by the Council of Pueblo on March 28, 1988, and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Sea, Q' the ".Ci,ty of Pueblo, Colorado, this 7th day of April, 1988. City Clerk( L> �) 1 ,