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HomeMy WebLinkAbout7626RESOLUTION NO. 7526 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO MEM- ORIAL AIRPORT INDUSTRIAL PARK SUBDIVI- SION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: gprTTnM 1 The Subdivision Improvements Agreement for Pueblo Memorial Air- port Industrial Park Subdivision, between Pueblo, a Municipal Corporation, and the Board of County Commissioners of Pueblo County, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. gPrTTnN 9 The President of the City Council is hereby authorized to execute the Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. INTRODUCED May 8 ,1995 By Charles Jones Councilperson APPROVE resident of the Council ATTEST: c.-nNg i ty Clerk SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION 1. Parties: The parties to this Subdivision Improvements Agreement (Agreement) are Pueblo, a Municipal Corporation (City), and the Board of County Commissioners of Pueblo County (County). 2. Effective Date: This Agreement is made as of , 1995. The effective date of this Agreement will be the da a final subdivision plat approval is granted by the County (Effective Date). RECITALS WHEREAS, the City seeks permission to subdivide a tract of property within Pueblo County to be known as Pueblo Memorial Airport Industrial Park Subdivision (Subdivision), which property (Property) is more particularly described in Exhibit "A ", which is attached hereto and incorporated herein; WHEREAS, the County seeks to protect the health, safety and general welfare of the community by requiring the completion of various improvements to the Subdivision; and WHEREAS, the purpose of this Agreement is to describe the City's obligation to construct and install Subdivision improve- ments, and is not executed to benefit materialmen, laborers or others providing work, services or material to the Subdivision or to benefit purchasers of the Property or lot buyers in the Subdivision; and WHEREAS, the mutual promises, covenants and obligations contained in this Agreement are authorized by state law and the County's subdivision regulations; THEREFORE, the parties agree as follows: GENERAL PROVISIONS 3. Developer: City is developing the land within the Sub- division and adjacent area as an industrial park for the economic development of the City and the County and is not in the usual sense a developer or subdivider of land. The City has spent and will spend substantial funds in developing the industrial park. The City has historically conveyed land within the Subdivision to prospective industries and business for nominal consideration as an inducement to attract new industries and businesses to the Subdivision and adjacent area thereby providing employment opportunities for the people of the City and the County. 4. Multijurisdictional Areas: The Subdivision and adjacent area includes land within the unincorporated area of the County and land within the jurisdiction of the City. This Agreement and provisions hereof relate only to the land located within the unincorporated areas of the County. If any part of the land now located within the unincorporated areas of the County is subse- quently annexed to the City, the provisions of this Agreement will no longer be applicable to or bind the land so annexed. 5. Park Or School Sites: The Subdivision is completely nonresidential and no conveyance of park or school sites or payment of a fee -in -lieu of conveyance is required. 6. Collateral or Security: The City is a Colorado home - rule municipality organized and existing under the Colorado constitution with the power to regulate and control land use, and collateral or other security with respect to City's performance of this Agreement required under County's subdivision regulations is hereby waived. 7. Transfer Responsibility: The City may transfer respon- sibility to construct required subdivision improvements to owners of lots in the Subdivision pursuant to a written agreement with the lot owners and the City which the City will enforce. CITY'S OBLIGATIONS 8. Improvements: The City will construct and install, or cause to be constructed or installed, at no cost or expense to the County, the on -site and off -site subdivision improvements required by the County's subdivision regulations which are listed on the attached Exhibit "B" (the "Improvements "). The City's obligations under this Agreement will ,arise on the Effective Date, provided, however, that the construction and installation of the Improve- ments may be deferred until the Improvements are needed and required to serve a building or structure to be constructed on a lot within the Subdivision. Improvements serving such building or structure will be completed within six (6) months after the issuance of a building permit for such building or structure. 9. Standards: All Improvements will be constructed to County's standards and specifications in effect when the Improve- ments are constructed. 10. Warranty: The City warrants that all Improvements will be free from material defects for one year from the date of final inspection and approval thereof by the County Director of Public Works. 11. Completion: No certificate of occupancy will be issued by the Pueblo Regional Building Department for any building or structure within the Subdivision until Improvements which are needed and required to serve such building or structure are completed. A temporary certificate of occupancy may be issued for a period not to exceed six (6) months with the written approval of the County Director of Public Works if the uncompleted Improve- -2- ments are minor in nature. If the uncompleted Improvements are not completed within six (6) months the temporary certificate of occupancy may be withdrawn. 12. Maintenance And Service Responsibilities: (a) Landscaping and Street Lighting: County hereby grants to City a revocable permit to install landscaping and street lighting within the public streets and rights of way shown on the Subdivision plat at such locations as the County Director of Public Works shall approve, which approval shall not be unreasonably withheld. All such landscaping and street lighting will be maintained by the City and the City may, from time to time, remove, alter, change or modify such landscaping and street lighting. (b) Fire Protection: The City will provide fire protection services for the Subdivision until fire protection services are provided by another entity, whether public or private. (c) Water: The Subdivision is served by a public water supply. Water and water services including fire hydrants will be furnished and installed pursuant to separate agreements between the City and /or the lot owners and the Pueblo Board of Water Works. (d) Sanitary Sewer: The City operates a sanitary sewer system within the Subdivision. City will not convey title to any lot which will not be connected to such system until adequate assurances for an on -lot sewage disposal system have been obtained. Nothing contained herein shall require or impose any obligation upon the City to extend its sanitary sewer system to serve any lot in the Subdivision. (e) Drainage Facilities: The City will construct all drainage facilities in the Subdivision except those constructed by lot owners. All drainage facilities will be constructed according to the drainage plans for the Subdivision approved in writing by the County Director of Public Works. City will maintain under- ground storm sewers, drainage channels and all other drainage facilities located within easements on City owned property. (f) Streets: City will construct and maintain streets within dedicated street rights -of -way as shown on the Subdivision plat, provided, however, that after construction by the City and acceptance by the County, the County will maintain accepted streets including without limitation, pavement, curbs, gutters, culverts, roadside ditches and storm sewer inlets and drainage facilities (except underground storm sewers and except sanitary sewer mains) within the dedicated street rights -of -way. (g) City shall have the authority to and will install and maintain all traffic control devices within the Subdivision as -3- City in the exercise of its reasonable discretion shall determine. (h) City will notify the County Director of Public Works prior to the installation, alteration or modification of improvements, including landscaping and street lighting (but not the maintenance, repair or replacement thereof), within the public streets and rights -of -way shown on the Subdivision Plat and City will follow the regulations and traffic control requirements outlined in County's road excavation permit requirements. City's contractors shall obtain excavation permits to perform work in such public streets and rights -of -way in the same manner as required on other roads maintained by the County. COUNTY'S OBLIGATIONS 13. Inspection and Certification: The County Director of Public Works, or his authorized representative, will periodically inspect the construction of the Improvements which are constructed after the date of this Agreement and will inform the City of any defects in workmanship or materials or noncompliance with the approved plans and specifications that are observed. When the City has completed such Improvements, it shall notify the County Director of Public Works in writing that such Improvements have been completed and shall request a final inspection to determine if the Improvements may be approved. The County will respond within fifteen days of receipt of the City's request for final inspection. All Subdivision improvements to be maintained by the County constructed and completed prior to the date of this Agreement (the "Completed Improvements ") which have been properly constructed in compliance with the approved plans and specifica- tions and approved in writing by the County Director of Public Works will be accepted by Board of County Commissioners by Resolution. Except for Completed Improvements, County approval will not relieve the City of the responsibility to repair or replace defective work or to correct non - compliance with the County's standards and specifications within the 1 -year warranty period commencing upon the date of final inspection and approval thereof by the County Director of Public Works. 14. Acceptance of Dedication: The County will accept dedication of the Improvements and Completed Improvements that lie within the public rights -of -way upon request by City, provided (i) with respect to Improvements, the Improvements have been properly designed and constructed and approved in writing by the County and (ii) with respect to both Improvements and Completed Improvements, the City provides a title insurance policy, where appropriate, for the benefit of the County showing the City owns the dedicated rights -of -way in fee simple and there are no liens, encumbrances or other restrictions on the rights -of -way or Improvements unacceptable to the County. Except as otherwise provided in this Agreement, County will assume all obligations for the repair, maintenance and replacement of Improvements and Completed Improvements which have been accepted by the County. -4- MISCELLANEOUS PROVISIONS 15. Indemnification: To the extent permitted by law, the City shall indemnify and hold the County, its officers, agents and employees, harmless from and against all claims, costs, including reasonable attorneys' and expert witness fees, and liability for injury or damage received or sustained by any person, or property arising out of the performance of work at the Subdivision or elsewhere pursuant to this Agreement. The City further agrees to aid and defend the County if the County is named as a defendant in an action concerning the performance of work pursuant to this Agreement. The City is not an agent of the County. 16. No Waiver: No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided by a written amendment to this Agreement signed by the City and the County. The waiver of any default under this Agreement will not be deemed a waiver of any other default or any subsequent default of the same type. 17. Amendment or Modification: The parties may amend or modify this Agreement only by written instrument. 18. Attorneys' Fees: If either party litigates to enforce this Agreement, the prevailing party will be entitled to court costs, reasonable attorneys' and expert witness fees from the opposing party. If the court awards relief to both parties, each will bear its own costs. 19. Vested Rights: The County neither represents nor warrants by this Agreement that the City is entitled to any other approval(s) required by the County, if any, before the City is entitled to commence development of the Subdivision or to transfer ownership of the Property. 20. Third Party Rights: No person or entity not a party to this Agreement will have any right of action under this Agreement. 21. Scope: This Agreement constitutes the entire agreement between the parties and no statement, promise or inducement not contained in this Agreement will be binding on the parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 22. Severability: If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or otherwise unenforceable, such illegality or unenforce- ability will not affect the validity of any other part, term or provision and the rights of the parties will be construed as if the part, term or provision was never part of the Agreement. 23. Benefits: The benefits of this Agreement to the City are personal and may not be assigned without the express written -5- approval of the County. Such approval may not be unreasonably withheld, but any unapproved assignment is void. Notwithstanding the foregoing, the burdens of this Agreement are personal obliga- tions of the City binding on its successors and assigns. The County may assign its rights under this Agreement. The County may require security from another subdivider or lender who acquires the Property. 24. Notice: Any notice required or permitted by this Agreement will be deemed effective when personally delivered in writing or 3 days after notice is deposited with the U.S. Postal Service, postage prepaid, certified and return receipt requested, and addressed as follows: if to City: City Manager One City Hall Place Pueblo, Colorado 81003 City Director of Public Works 211 E. "D" Street Pueblo, Colorado 81003 if to County: Board of County Commissioners Pueblo County Courthouse 215 West 10th Street Pueblo, Colorado 81003 County Director of Public Works 33601 United Avenue Pueblo, Colorado 81001 25. Recordation: The County shall record this Agreement in the Clerk and Recorder's Office of Pueblo County, Colorado. Dated on May 1b�' , 1995. CITY OF PUEBLO, ATTEST: a Munic'pa1 Corporation By �• Ac-Tr ^g City Clc&k resident of the City Council COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 16th day of May , 1995 by Christian L. Weaver as President of the City Counci , and Gina Dutch as Acting City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires .3/796 E A L): �A l�IF j f IL COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) i COUNTY OF PUEBLO By .9 4 - '�l roer air o the Boa d of County Commissioners The forego ng instrument was acknowle g d before me this 9 — day of - qU _, 1995 by �,.. L-r-I A. m4rtirn , Chair-of the Board of County Commissioners. S � "A my hand and official seal. M!i_ c ion expires: 3 $� Notary Public TJ 61.31 -7- EXHIBIT " A " PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION BOUNDARY DESCRIPTION A parcel of land located within a portion of the City of Pueblo and the County of Pueblo, State of Colorado, to -wit: A parcel of land being a portion of Sections 29 and 30, Township 20 South, Range 63 West and a portion of Sections 25 and 26, Township 20 South, Range 64 West, all of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at the east 114 corner of said Section 29; thence S 00 -04 -26 W along the east line of the SE 114 of said Section 29, a distance of 1982.57 feet to a point on northerly right of way line of the Atchison, Topeka and Santa Fe Railroad; Thence westerly along said northerly right of way line the following eleven ( 11 ) courses; 1). thence N 83 -34 -32 W, a distance of 3132.75 feet; 2). thence along the arc of a curve to the left having a central angle of 8 -29 -29 and radius of 5779.58 feet, a distance of 856.56 feet; 3). thence S 87 -55 -59 W, a distance of 7580.64 feet; 4). thence N 02 -04 -01 W, a distance of 100.53 feet; 5). thence S 87 -55 -25 W, a distance of 249.80 feet; 6) . thence S 02 -26 -27 E, a distance of 50.50 feet; 7) . thence S 87 -51 -20 W, a distance of 199.59 feet; 8) . thence S 02 -04 -01 E, a distance of 49.72 feet; 9) . thence S 87 -55 -59 W, a distance of 4339.54 feet; 10) . thence along the arc of a curve to the right having a central angle of 1 -25 -09 and a radius of 11, 409.16 feet, a distance of 282.60 feet; 11). thence S 89 -21 -08 W, a distance of 4630.66 feet to a point on the west line of the SW 114 of said Section 26; thence N 00 -40 -22 W along said west line, a distance of 2223.99 feet to the west 114 corner of said Section 26; thence N 00 -41 -33 W along the west line of the NW 114 of said Section 26, a distance of 1350.03 feet; thence N 89 -18 -27 E, a distance of 435.00 feet; thence S 00 -41 -33 E, a distance of 522.09 feet; thence along the arc of a non - tangent curve to the right whose center bears S 14 -11 -04 W and having central angle of 8 -38 -33 and a radius of 1075.00 feet, a distance of 162.15 feet; thence N 88 -25 -39 E, a distance of 5120.29 feet; thence N 89 -00 -26 E, a distance of 2329.44 feet; thence S 01 -31 -15 E, a distance of 27.11 feet; thence N 88 -25 -39 E, a distance of 13,248.18 feet to a point on the east line of the NE 114 of said Section 29; thence S 00 -02 -28 E, along said east line, a distance of 1418.19 feet to the POINT OF BEGINNING. Said parcel contains 1476.61 acres, more or less. EXCEPTING THEREFROM: A parcel of land located within the County of Pueblo, State of Colorado to -wit: A parcel of land being a portion of the W 112 of the NE 114 of Section 30, Township 20 South, Range 63 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the intersection of the apparent southerly right -of -way line of Walt Bassett Avenue and the apparent easterly right -of -way line of Braniff Street from which the W 114 corner of said Section 30 bears S 82 -05 -52 W (bearings based on the west line of the SW 114 of Section 30, the west 114 corner monumented by a brass cap in a cast iron monument box and at the SW corner by an aluminum monument, PLS 16128, in an aluminum monument box assumed to bear N 00 -05 -41 W), a distance of 3085.90 feet; thence easterly along the said apparent southerly right of way line the following two (2) courses; 1) N 88 -26 -39 E, a distance of 129.13 feet; 2) S 46 -31 -41 E, a distance of 179.96 feet; thence S 43 -28 -39 W, a distance of 169.90 feet; thence N 55 -02 -21 W, a distance of 169.49 feet to a point on the said apparent easterly right -of -way line of Braniff Street; thence N 01 -30 -51 W, along said apparent right -of -way line a distance of 146.52 feet to the POINT OF BEGINNING. Said parcel contains 0.95 acres, more or less. EXHIBIT "B" PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION STREET IMPROVEMENTS WILLIAM M. WHITE BLVD. 348 lin. ft. Curb b Gutter 159 tin. ft. Asphalt (54' wide) 1 Monument Box 37 Street Lights 19,677 sq. ft. Striping Temporary cul -de -sac (65' radius) 1,451 sq. yd. Asphalt $7.00 /lin. ft. $ 2,436.00 $81.00 /Tin. ft. 12,879.00 $450.00 /each 450.00 $600.00 /each 22,200.00 $2.00 /sq. ft. 39,354.00 $13.50 /sq. yd. 19,589.00 Sub -Total $ 96,908.00 WALT BASSETT AVENUE (AMERICAN) 638 lin. ft. Curb b Gutter $7.00 /lin. ft. $ 4,466.00 2,193 sq. yd. Asphalt (36' wide + cul -de -sac) $13.50 /sq. yd. 29,606.00 2 Monument Boxes $450.00 /each 900.00. 1 Street Light $600.00 /each 600.00 300 lin. ft. Water Service Line $20.00 /lin. ft. 6,000.00 Sub -Total $ 41,572.00 LOCKHEED STREET 1,267.1 lin. ft. Curb b Gutter 51.00 /lin. ft. $ 8,870.00 3,215 sq. yd. Asphalt (36' wide + cul -de -sac) $13.50/sq. yd. 43,403.00 1 Monument Box $450.00 /each 450.00 1 Street Light $600.00 /each 600.00 74 lin. ft. 24" Storm Sewer $37.00 /lin. ft. 2,738.00 2 Type 'S' Inlets (L =4') $800.00 /each 1,600.00 90 lin. ft. 6" Sanitary Sewer $20.00 /lin. ft. 11,800.00 Sub -Total $ 59,461.00 Total Street Improvements - - - - $197,941.00 Pueblo Memorial Airport Industrial Park Subdivision Exhibit "B" Page Two DRAINAGE IMPROVEMENTS Drainage Swales: 1,500 lin. ft. in Parcel B $5.00 /lin. ft. $ 7,500.00 2,100 lin. ft. in Parcel C $5.00 /lin. ft. 10,500.00 1,200 lin. ft. East of Walt Bassett $5.00 /lin. ft. 6,000.00 1,200 lin. ft. in Lots 53 - 55 $5.00 /lin. ft. 6,000.00 610 lin. ft. in Lots 64 & 65 $5.00 /lin. ft. 3,050.00 Drainage Channel & Drop Structures (Parcel D) Total Drainage Improvements Lump Sum 146,700.00 $179,750.00 GRAND TOTAL - - - - - - - $377,691.00