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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
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At Pa IDER, ASSISTAN SECRETARY
STATE OF COLORADO )
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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
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Notary P is
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CITY OF PUEBLO
Pr6bfdent
ATTEST,:
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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(
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