HomeMy WebLinkAbout7118RESOLUTION NO. 7113
A RESOLUTION APPROVING THE AMENDMENT TO
SUBDIVISION IMPROVEMENTS AGREEMENTS FOR
BELMONT 82ND AND 83RD FILINGS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
Section 1.
The amendment to the Subdivision Improvements Agreements for
Belmont 82nd and 83rd Filings, between the City of Pueblo and Ed
Robinson & Associates, Inc., a copy of which is attached, 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 Amendment for and on behalf of the City
of Pueblo and the City Clerk is directed to attest same and affix
the seal of the City thereto.
Section 3.
This Resolution shall become effective upon final passage and
approval.
ATTEST:
INTRODUCED: April 26
, 1993
By: JOHN CALIFANO
Councilperson
APPROVED:
Pres' ent o City Council
Cit Clerk
Reception #: 1005800 Date: 05/07/1993 Time: 850 Book: 2654 Page: 669 Chris C. Munoz
Inst.: AM SUB Rec Fee: 25.00 Doc Fee: 0.00 Page: 1 of 5 Pueblo Co.Clk.&Rec.
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENTS FOR
BELMONT 82ND AND 83RD FILINGS
Notwithstanding anything to the contrary in the attached
Subdivision Improvements Agreement for two abutting subdivisions
known as Belmont 82nd Filing and Belmont 83rd Filing
( "Subdivisions "), Pueblo, a Municipal Corporation ( "City ") and Ed
Robinson & Associates, Inc. ( "Subdivider ") agree as follows:
1. The lots described in paragraphs 2, 3 and 4 will be
developed in three separate and distinct phases.
2. Phase 1 (17 Lots) shall consist of Lots 54 through 70,
Block 103.
3. Phase 2 (17 Lots) shall consist of Lots 71 through 87,
Block 103.
4. Phase 3 (17 Lots) shall consist of Lots 88 through 104,
Block 103.
5. The Subdivider shall construct and install all of the
public improvements in and needed to serve the lots
within each phase as described in the Subdivision
Improvements Agreement. The term "Subdivision
Improvements Agreement" shall mean the Subdivision
Improvements Agreement for Belmont 82nd Filing recorded
in Book 1996 at pages 801 -805, the Subdivision
Improvements Agreement for Belmont 83rd Filing recorded
in Book 1996 at pages 833 -841 and the agreement adopted
by Resolution No. 4409 and recorded in Book 2006 at pages
758 -766 of the records of the Pueblo County Clerk and
Recorder.
6. When the Subdivider completes the subdivision
requirements and public improvements for each Phase, the
City will release the Lots in that Phase from this
agreement as if each Phase was a separate and distinct
subdivision.
7. The requirements for Phase 1 are as follows:
(a) Subdivider shall construct and install White Dove
Court as required by City specifications in the
Subdivision Improvements Agreement.
(b) Chinook Lane shall be constructed and installed from
the north line of Lot 54 to the south line of Lot
70.
(c) Chinook Lane shall also be constructed as an
emergency access road from the south line of Lot 70
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Book: 2654 Page: 670 Chris C. Munoz
Page: 2 of 5 Pueblo Co.C1k.&Rec.
in a southerly direction to where it is now improved
at the north line of Belmont 85th Filing
Subdivision. The emergency access road shall be
constructed as follows:
(i) A twenty foot (20 wide road shall be built
to the final specifications for Chinook Lane,
except for the last one inch (1 of asphalt
pavement which will be deferred until Chinook
Lane is completed as provided in Phase 3.
(ii) A temporary gravel shoulder shall be installed
on both sides of the pavement.
(iii) The road will be so constructed to allow its
future completion and incorporation into
Chinook Lane.
(iv) The emergency access road shall be maintained
by the Subdivider.
(d) The Subdivider shall deposit $22,100 within 180 days
after the first building permit is issued or before
a certificate of occupancy is issued, whichever
occurs first, into an escrow fund. A separate
escrow agreement between the City and the
Subdivider, in the form attached as Exhibit "A,"
will be used to place these funds in escrow. The
total amount to be escrowed is $22,100 for this
Phase.
(e) All public improvement requirements in Phase 1 shall
be completed within 180 days after a building permit
is issued for any building or structure in Phase 1
or before a certificate of occupancy is issued,
whichever occurs first.
(f) When the Subdivider has constructed and installed,
to the satisfaction of the City Director of Public
Works, all Phase 1 public improvements including the
emergency access road, the escrowed funds, less any
fees payable to the escrow agent, will be refunded
to the Subdivider.
8. The requirements for Phase 2 shall be as follows:
(a) The Subdivider shall construct and install Brave
Eagle Court to City specifications in the
Subdivision Improvements Agreement.
(b) The Subdivider shall completely construct and
install Chinook Lane to City specifications from the
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Book: 2654 Page: 671 Chris C. Munoz
Page: 3 of 5 Pueblo Co.Clk. &Rec.
south line of Lot 70 to the south line of Lot 87.
(c) The Subdivider shall immediately deposit $22,100
into an escrow fund with the City and the
Subdivider, in the form attached as Exhibit " A "
($22,100 total for this Phase), and all public
improvement requirements in Phase 2 shall be
completed within 180 days after a building permit
is issued for any building or structure in Phase 2
or before a certificate of occupancy is issued,
whichever occurs first.
9. The requirements for Phase 3 shall be as follows:
(a) The Subdivider shall construct and install Blue Sky
Court according to City specifications in the
Subdivision Improvements Agreement.
(b) The Subdivider shall construct, install and complete
to City specifications the Subdivision Improvements
Agreement Chinook Lane from the south line of Lot
87 to the north line of Belmont 85th Subdivision
Filing.
(c) The Subdivider shall immediately deposit $22,100
into an escrow fund with the City and the
Subdivider, in the form attached as Exhibit " A "
($22,100 total for this Phase), and all public
improvement requirements in Phase 3 shall be
completed within 180 days after a building permit
is issued for any building or structure in Phase 3
or before a certificate of occupancy is issued,
whichever occurs first.
10. The Subdivider shall construct, install, complete and
connect Iroquois Road from Chinook Lane to the west line
of Jerry Murphy Road according to plans and profiles on
file with the City Director of Public Works within 180
days after a building permit is issued for any building
or structure or before a certificate of occupancy is
issued, whichever occurs first, for any of the following
Lots: Lots 7 or 8, Block 141, Belmont 82nd Filing, or
Lot 105, Block 103 Belmont 83rd Filing.
11. The balance of the escrowed funds will be refunded to the
Subdivider when all public requirements for Chinook Lane
and all three (single family) Phases are completed and
accepted by the City Director of Public Works. If the
Subdivider does not timely complete all public
improvement requirements for all 3 Phases of the
Subdivisions, the City, to the extent the escrowed funds
are adequate, will use the escrowed funds to complete and
install the public improvement requirements for the
Subdivisions. If the escrowed funds are inadequate for
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Book: 2654 Page: 672 Chris C. Munoz
Page: 4 of 5 Pueblo Co.Clk. &Rec.
such purpose, the Subdivider shall be liable for the
difference.
12. This amendment shall be a part of the subdivision
improvements agreements for the Belmont 82nd and 83rd
Subdivisions, which Subdivider ratifies and agrees to be
bound by, shall constitute a covenant running with the
property, shall extend to, be binding upon and inure to
the benefit of the successors and assigns of the City
and the Subdivider. If there is a conflict between the
provisions of this amendment and the subdivision
improvements agreements, the provisions of this amendment
shall control.
13. If any provision of this amendment of the subdivision
improvements agreements is determined to be invalid or
unenforceable, such determination shall not affect the
validity of the other provisions.
14. The City may specifically enforce this agreement. All
rights and remedies of the City under this amendment and
the subdivision improvements agreements shall be
cumulative and in addition to any right or remedy
existing at law or at equity. Neither delay nor failure
by the City to exercise any right or remedy shall impair
any such right or remedy or constitute a waiver.
Whenever the Subdivider is in default of any provision
under this amendment or either of the original
subdivision improvements agreements, no additional
building permits will be issued until the default is
corrected.
15. If litigation is filed concerning the subdivision
improvements agreements or this amendment, the prevailing
party shall receive reasonable attorneys' fees and expert
witness fees from the other party.
SUBDIVIDER:
ED ROBINSON & ASSOCIATES, INC.
001 1.111111f11f t
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ATTEST
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retary
4
Book: 2654 Page: 673 Chris C. Munoz
Page: 5 of 5 Pueblo Co.C1k.&Rec.
PUEBLO, A MUNICIPAL CORPORATION
By:
LC. " Pres ' dent of Ci y Council
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C'ty Clerk
APPTiOV,ED AS TO FORM:
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