HomeMy WebLinkAbout11176Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
ORDINANCE NO. 11176
AN ORDINANCE APPROVING THE PELLECCHIA SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Pellecchia Subdivision, being a subdivision of land legally described
as:
LOT 20, BLOCK 5, SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT
THEREOF, FILED FOR RECORD JULY 14, 1887, COUNTY OF PUEBLO, STATE OF
COLORADO.
AND
THAT PARCEL OF LAND DESCRIBED IN THAT WARRANTY DEED FILED FOR RECORD
AUGUST 9, 2007 AS RECEPTION NO. 1737520 IN THE RECORDS OF THE PUEBLO
COUNTY CLERK AND RECORDER WHICH READS AS FOLLOWS: LOT 10, BLOCK 5,
SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR
RECORD JULY 14, 1887, AND ALL THAT PORTION OF VACATED JONES AVENUE AS
SHOWN ON STREET VACATION FILED FOR RECORD JULY 25, 2005 AT RECEPTION NO.
1630543. COUNTY OF PUEBLO, STATE OF COLORADO
attached hereto, is hereby approved. 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 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.
Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
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, and (b) the final subdivision plat is recorded in the
office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been
deferred pursuant to Section 12-4-5(b)(2) of the 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 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 11, 2026.
Final adoption of Ordinance by City Council on May 26, 2026. DocuSignedby:
President of City Council
Action by the Mayor:
Approved on 05/27/2026
❑ Disapproved on
based on the following objections:
Mayor
Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST FiD;0GISignedby:
City Clerk
Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
City Clerk's Office Item # R2
COUNCIL MEETING DATE: May 26, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE PELLECCHIA SUBDIVISION
SUMMARY:
A subdivision of 1.46 acres located north of Siena Dr. and east of Bandera Pkwy into 4
lots for future residential and commercial office development.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property was originally annexed into the City on January 4, 2005, as a
portion of the Bandera/Siena Annexation. The parcels that are being re -subdivided
were zoned O-1, Neighborhood Office District and were intended to be developed as
commercial offices along Siena Dr. One such commercial office building, addressed
5417 Siena Dr., was constructed in 2007, but the rest of the subject property has
remained undeveloped. The eastern portion of the property, where the developed
commercial site is located, will remain O-1, but now the applicants intend to rezone the
western portion to R-2 and re -subdivide in order to construct single-family residences
comparable to the homes in the surrounding Regency Ridge neighborhood. The
subdivision will split the property into four lots, with lots 1 &2 being designated for one
single-family home on each lot, lot 3 being reserved for future commercial office
development, and lot 4 is the site of the existing office addressed 5417 Siena Dr.
The proposed subdivision plat accounts for storm water detention and drainage
requirements with a 20' wide drainage easement that gradually widens across the
northern boundary of the three new undeveloped lots. The proposed subdivision
includes a 20' access easement dedicated to Xcel Energy to insure they can access
their lot located directly north of the proposed subdivision. This easement is placed
along the existing driveway for the 5417 Siena Dr. office's property (spanning Lots 3
and 4), so there is an existing curb cut. The easement must remain open to provide
Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
access to the northern property as the platted rights -of -way that abut Xcel's property
are not traversable by vehicle. Xcel Energy has underground infrastructure through
their property, so there are currently no plans to develop that land with any structures or
uses that would necessitate any further traffic access measures.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their January 14, 2026, Regular Meeting,
voted 7-0 to recommend approval.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
ALTERNATIVES:
If City Council does not approve this Ordinance, the existing subdivision of the site will
remain.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. S-25-06 Attachments
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Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 Candace Rivera Clerk/Recorder, Pueblo County, Co
mill " °�� I' � �;F� 'P�I�N III" r� '��I � 11111
ORDINANCE NO. 11176
AN ORDINANCE APPROVING THE PELLECCHIA SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Pellecchia Subdivision, being a subdivision of land legally described
as:
LOT 20, BLOCK 5, SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT
THEREOF, FILED FOR RECORD JULY 14, 1887, COUNTY OF PUEBLO, STATE OF
COLORADO.
THAT PARCEL OF LAND DESCRIBED IN THAT WARRANTY DEED FILED FOR RECORD
AUGUST 9, 2007 AS RECEPTION NO. 1737520 IN THE RECORDS OF THE PUEBLO
COUNTY CLERK AND RECORDER WHICH READS AS FOLLOWS: LOT 10, BLOCK 5,
SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR
RECORD JULY 14, 1887, AND ALL THAT PORTION OF VACATED JONES AVENUE AS
SHOWN ON STREET VACATION FILED FOR RECORD JULY 25, 2005 AT RECEPTION NO.
1630543. COUNTY OF PUEBLO, STATE OF COLORADO
attached hereto, is hereby approved. 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 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.
Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95
SECTION 4.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
mill F.� ' "t W� "1'I M� ", 1'5 w' I � iii
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
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, and (b) the final subdivision plat is recorded in the
office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been
deferred pursuant to Section 12-4-5(b)(2) of the 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 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council;
Introduced and initial adoption of Ordinance by City Council on May 11, 2026.
Final adoption of Ordinance by City Council on May 26, 2026. DoruS%taedby:
President of City Council
Action by the Mayor:
E Approved on 05/27/2026
❑ Disapproved on
based on the following objections:
Mayor
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Docusign EnvelopeID:4783B12E-2F4C-8D7E-803F-4B61A0009C95 Candace Rivera Clerk/Recorder, Pueblo County, Co
■III F� 'N' Y141 C �:��4�Dr "�4' A711l l � � 1111
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST DocuSigned by:
-_ YLIO?4fbl4
City Clerk
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 rfwrw I%*1111 III
SUBDIVISION IMPROVEMENTS AGREEMENT
..' w
THIS AGREEMENT is made on "�" q w � between the.m
CITY OF PUEBLO, a Municipal Corporatith ("City"), and
Lion Hart Investments LLC
("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
Pellecchia Subdivision
("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:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
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Candace Rivera Cae,rk/Reeorder, Pueblo County, Co
1111 11111
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.
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.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 1I II1
7. 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 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
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
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 i1 11 111
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
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
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Candace Rivera Clerk/Recorder, Pueblo County, Co
a!io Idr 11 iii
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-
7(j)(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.
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.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
..III I'7i ":d 'hr�'1r i�i�I CFA), III
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.
Subdivider
(SEAL) By:
The foregoing instrument was acknowledged before me on M .., by _-►.......____ Subdivider.
_
r
My commission expires:
STATE OF COLORADO
NOTARY ID 20054005209
My Comm bslon NOTARY PUBUC
ATTES"
_._. _..............
City Clerk
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO
Notary Public
CITY OF PUEBLO, a Municipal Corporation
By•
ayor of Pueblo, Colorado
g g snent vv,as ackno ld ged b1re
e this �� day of
The lore c�ll� intrul
µ eg' f�l� m by ".1ro.��'
Y as
Mayor of eblo. Colorado, and" '' as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expires
TAMMY A MARTINEZ
I. NOTARY
[r E A STA EOF COLORADO
NOTARY ID 20164028200
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August 2019
l Eotary Public
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G�ndac� Rier�a�°� C1�r°�tdl��card�r ry Pueblo � I�II III
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DPW 101
August 2019
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Candace Rivera Clark/Recorder, Pueblo County, Co
Bill NF MIU 1�"1Il01 1I"� 1"1 NO 14111111
EXHIBIT "A"
Legal Description:
Lots 1, 2, 3, and 4, Block 1 of Pellecchia Subdivision, Pueblo, Colorado.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 raLft i': i'' J! 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: PELLECCHIA SUBDIVISION
DEVELOPER: LION HART INVESTMENTS LLC
ENGINEER: DARLENE K. HORN, P.E.
PHASE I IMPROVEMENTS ASSOCIATED WITH LOT 4
Completed
TOTAL PHASE 1
PHASE 2 IMPROVEMENTS ASSOCIATED WITH LOTS 14
LOCATION: Siena. Drive - Pellecchia Subdivsion Lots 1, 2 and 3
1
CMU Wall with Footer
234.00
SF
$
25.00
$ 5,850.00
2
Concrete Micropool
25.00
CY
$
150.00
$ 3,750.00
3
3' Wide Concrete Trickle Pan
100.00
LF
$
45.00
$ 4,500.00
4
RirRap
60.00
Ton
$
40.00
$ 2,400.00
5
Grading
1.100.00
CY
$
3.00
$ 3,300.00
6
Seeding & Erosion Blanket
10,000.00
SF
$
2.10
$ 21,000.00
7
Erosion Control - Silt Fence
831.00
LF
$
5.50
$ 3,470.50
8
Erosion Control - Sediment Control Log
84,00
LF
$
15.00
$ 1,260.00
9
Erosion Control - Vehicle tracking control
1.00
EA
$
3,000.00
$ 3,000.00
TOTAL
$ 48,530.50
UTILITY SERVICES
1
4" Sanitary Sewer Stub —55-ft Including Fees
3.00
EA
$
10,000.00
$ 30,000.00
2
1" Water Stub -27-ft Including Tap Fees
3.00
EA
$
9,500.00
$ 28,500.00
TOTAL
S 58,500.00
TOTAL PHASE 2
$ 107,030.50
This is an estimate only. Actual construction costs may vary
PREPARED BY:
FIRM:
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 Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City
of Pueblo. �.
[P.E. SEAL]
Professional :gineer Date
REVIEWED BY: b J�
Director of Public Works Date
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Candace Rivera Clerta (Recorder „ Puebi rc County , Co
lfl WW' ' 11111
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This ' tornnwater Maintenance Agreement is entered into thisfl daffy of w w
20 "to, by and between Pueblo, a municipal corporation ("the City") and ,,,, Lion Hart Investments LLC
(the "Owner"), and collectively referred to
as the "Parties".
RECITALS
WHEREAS, Owner owns certain real property located in the City of Pueblo legally described as follows:
Lots 1 - 4, Block 1 of Pellecchia Subdivision (formerly Lots 10 and 20, Block 5 of Shulls Subdivision)
and more commonly known as Pellecchia Subdivision (the "Property"); and
WHEREAS, a Drainage Report and Plan ("Plan") for the Property has been approved by the City subject
to and conditioned upon faithful performance by Owner of all duties created by this Agreement; and
WHEREAS, said Plan provides for stormwater management facilities including such facilities intended to
reduce, detain, convey, and manage stormwater runoff and also water quality facilities (collectively referred to
as "Facilities"); and
WHEREAS, the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner;
and
WHEREAS, the City requires that the Owners submit an Operation and Maintenance Manual ("O & M
Manual") as specified by the City.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, the sufficiency
of which is mutually acknowledged, the Parties agree as follows:
AGREEMENT
The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and
will remain in proper working condition in accordance with the approved O & M Manual and other
applicable legal requirements. Maintenance shall include, but not be limited to, routine landscaping,
sediment removal, repair, reconstruction, or replacement of the Facilities as necessary to meet the
requirements of this Agreement.
2. The maintenance of the Facilities shall be performed in accordance with the O & M Manual
for the Facilities.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
liii k 11111
3. The Owner shall cause the inspections of the Facilities to be conducted as follows:
a. The Owner agrees to cause inspections of the Facilities, at the Owner's expense at least once
every calendar year.
b. An inspection report for the facilities shall be submitted in writing to the City for each calendar
year by no later than April 1St of the following year. The inspection report shall be in accordance
with the requirement set forth in the O & M Manual.
c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to
the City pursuant to the O & M Manual.
4. The Owner, hereby, grants, bargains and conveys to the City, officers, agents, and employees an easement
over the Property for access from public rights -of -way, abutting private roadways, and/or private
driveways, to the Facilities for the purpose of inspecting, operating, installing, constructing,
reconstructing, maintaining, repairing or replacing the Facilities to the extent that the Owner fails to do so
and as necessary to ensure their proper working condition as provided in paragraphs one and two above.
5. In the event the Owner fails to inspect, report, or properly maintain the Facilities within thirty (30) days
after written notice by the City of such deficiencies to the Owner, the City may enter upon the Property
and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner for such
expense plus an administrative charge of 15%. However, if the Owner's failure to properly maintain the
facilities could cause damage to property, loss of life or violation of a NPDES MS -4 Permit, the City may
take immediate action, without notice to the Owner, to maintain or repair the Facilities. It is expressly
understood and agreed that the City is under no obligation to maintain or repair the Facilities, and in no
event shall this Agreement be considered to impose any such obligation on the City.
6. The Owner agrees that it will not at any time dedicate the Facilities to the public, to public use or to the
City without the City's written consent, nor will it subdivide or convey the Property without a covenant
providing that a proportional share of the cost of maintenance and other costs associated with any other
of the obligations and duties contained herein runs with each subdivided or conveyed part of the original
Property.
In an event of emergency involving the Facilities, the City, its officers, agents, and employees may enter
immediately upon the Property and take whatever reasonable steps it deems necessary to meet the
emergency. The City shall notify the Owner of such emergency and entry as soon as possible but in no
event later than twenty-four (24) hours after such entry. Alternatively, the City may notify the Owner by
phone to take whatever reasonable action is necessary within a specified time period. Should the Owner
fail to respond, or should the Owner inform the City that it intends to not respond within the specified
period of time, the City, its officers, agents, and employees may enter immediately upon the emergency.
8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the
inspections and maintenance of the Facilities, including access to the Facilities.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
■111 11111
9. In the event the City, pursuant to this Agreement, performs work or expends any funds reasonably
necessary for the maintenance or repair of the Facilities, including labor, equipment, supplies and materials,
the Owner agrees to reimburse the City within thirty (30) days after the City gives the Owner written
notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required
herein, interest on such payment shall accrue at the rate of 1.5% per month until paid in full.
10. Any amount owed to the City and not paid within thirty (30) days of notification shall be the joint and
several obligation of any owner of record of the Property or any portions thereof served by the Facilities
and any successors in interest to such owner on the date such maintenance or repair was performed.
The City shall have the right to take any legal action necessary to collect said amounts, and any such
owner shall be responsible for all reasonable costs of collection, including attorney's fees, and accrued
interest. The City's rights and remedies hereunder shall be in addition to any rights, remedies or
enforcement authority under applicable law and City Ordinance including but not limited to §16-12-10,
PMC.
11. The Owner, its successors, and assigns shall indemnify and hold harmless the City, its officers, agents, and
employees for any and all damages, accidents, casualties, occurrences or claims which might arise or be
asserted against the City arising out of or resulting from the construction, presence, existence of
maintenance or use of the Facilities. The Owner shall notify the City when the Owner transfers its interest
in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed.
12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land, and
shall be binding upon all present and subsequent owners, their administrators, executors, assigns, heirs, and
any other successors in interest so long as they own an interest in the Property or any portion thereof served
by the Facilities.
13. The Owner acknowledges that any future site plan, master plan, drainage plan or other process determined
by the City to be a final plan, shall include the following language (or similar language approved in writing
by the City): "The property owner, its successors, and assigns shall be responsible for maintenance of the
Stormwater Facilities pursuant to the Operations and Maintenance (O & M) Manual and all permanent
Best Management Practices (BMPs). Requirements include, but are not limited to, installing the specified
BMPs contained in the Drainage Report and Plan and maintaining the Facilities as shown in the O & M
Manual as approved by the City. If the Facilities are not properly maintained, the City may provide
necessary maintenance and assess the cost to the Owner of the property in accordance with the Stormwater
Facility Maintenance Agreement approved by the City and recorded at the Pueblo County Clerk and
Recorder's Office."
14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office.
15. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement, the prevailing
party shall be entitled to its reasonable costs and attorney fees.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
mill iL'1«I�P ".' 1' Ir 11111
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the date set forth
above.
CITY:
By ,
Director of Stormwater, City of Pueblo, Colorado (§16-12-10(d), P.M.C.)
Appro ed as to For
ily Attorney, City of Pueblo, Colorado
O'4ER:
IjcshtteirIi , a D / fI/ L (corp/11c, indicate)
y.
as Et,V &3rAq A4'e-& Zia er
Or (if non corporate entity) �1
(The Acknowledgement (notarization) will vary for Owner depending on if Owner is an individual, corporation,
partnership, etc. Also, where there is a mortgage on the property, the mortgage holder must sign the Subordination
section of this Agreement) An Affidavit of Authority/Incumbency to execute shall be supplied for any entity.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
X11 " rI � ! 11111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF or J
ss.
COUNTY OF Pc
The foregoing instrument was acknowledged before me this "2 + by Ora ,(nanme
of manager(s)) as manager(s) of, " %nirra U.. (name of limited liability company) a
q_kpra ,,o (state of organization), limited liability company,
Witness my hand and official seal.
My commission expires i f 2. ,'
(SEAL)
Notary Public (or official title)
MELISSA MtARIE M HELICH
NOTARY PUBLIC - STATE OF COLORADO
NOTARYID 20244011775
MY COMMISSION EX?'lRES APR 8„ 2028
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