Loading...
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 1 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 E 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 3 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 � � �l��r. By: A� { ATTEST h 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 ° l� A;4 z 7 , C'ty Clerk APPTiOV,ED AS TO FORM: City Att y 5 2 Z-1 z Z r O 3 ! Z � � I I i I ed ' •s , l r f II � 2 U z I • s 1 1 s 1 L tJ HAAFF s ELEMENTARY SCHOOL 49 8 I 9 2t 7 X 3 s� is s ss zT IN 25 13 37 7! 41 43 1 11 ti i • *'. 9 S4 §� sy 61 - E re \ W - r ,aa E 71 a7 a; 3 iof 23 < ' 1 99 93 93 II 21 C IJ to 101 99 j 9T i r 17 100 is t 111 A. 1 � Co 13 � 1 1 l N J 6 211 3 BOA 24 ` 1 � 4 2 r i i c 0 rl Z o . 22 17 T 7 13TH d c F