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HomeMy WebLinkAbout13916RESOLUTION NO. 13916 A RESOLUTION APPROVING A RESTATED ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS LAND NORTH OF VISION HILLS PARKWAY AND WEST OF TROY AVENUE, AS APPROVED BY ORDINANCE NO. 7996 WHEREAS, BLH Properties, LLC, a Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and Home Town Finance Co., a/k/a The Hometown Finance Co., a Colorado Corporation (herein collectively the “Petitioner”) are the owners of property that was annexed into the City of Pueblo commonly known as the North Vista Annexation, Case No. A-07- 04 and described as land north of Vision Hills Parkway and west of Troy Avenue as approved in Ordinance No. 7996 and are subject to the certain terms and conditions contained within the North Vista Annexation Agreement, Case No. A-07-04, desires to amend the existing Annexation Agreement through a new Restated Annexation Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Restated Annexation Agreement, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the Acting City Clerk shall affix the seal of the City thereto and attest to the same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to implement the transactions described there. SECTION 4. This Resolution shall become effective immediately upon Petitioner executing an agreement approving the amendment to the Annexation Agreement set forth in Section 1 and ratifying and confirming the Annexation Agreement which will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. INTRODUCED March 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: March 12, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING A RESTATED ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS LAND NORTH OF VISION HILLS PARKWAY AND WEST OF TROY AVENUE, AS APPROVED BY ORDINANCE NO. 7996 SUMMARY: This Resolution approves a Restated Annexation Agreement between the City of Pueblo and BLH Properties, LLC, a Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and Home Town Finance Co., a/k/a The Hometown Finance Co., a Colorado Corporation related to the North Vista Annexation previously approved by City Council by Ordinance No. 7996 on April 13, 2009. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Resolution approves a Restated Annexation Agreement (“Agreement”) between the City of Pueblo and BLH Properties, LLC, a Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and Home Town Finance Co., a/k/a The Hometown Finance Co., a Colorado Corporation related to the North Vista Annexation. The Agreement provides for the following changes: 1. Off-site sanitary sewer mains will not be required to be constructed for the seven hundred fifty (750) lots within Planning Areas 2, 3, and 4 that can be serviced by the existing City wastewater system. 2. Jerry Murphy Road will be rebuilt, by the City, at the existing width from Candytuft th Boulevard to Vision Hills Parkway (formerly 47 Street). In order to fund the costs to rebuild Jerry Murphy Road between the intersection of Candytuft Boulevard and Vision Hills Parkway, Petitioners and any subsequent owner shall, as a condition of the issuance of a building permit for the construction of any dwelling unit within the Property, pay a traffic impact fee of Four Thousand Five Hundred Dollars ($4,500.00) for each dwelling unit to be constructed within the Property ("TIF"), up to a maximum of Four Hundred Fifty Thousand Dollars ($450,000.00). 3. The construction of Jerry Murphy Road between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway is being changed to not be required until after the seven hundred fifty first (751st) building permit is issued. 4. The timing for the design and construction of a two-lane bridge for Home of Heroes Parkway is being changed to not be required until the following building permit triggers: thth a. 850 residential dwelling unit for design (currently 500 unit). thth b. 1,500 residential dwelling unit for construction (currently 1,000 unit). th 5. Vision Hills Parkway (formerly 47 Street) from Jerry Murphy Road to the south boundary of the Petitioners property will be built, by the City, as a two-lane collector roadway section. In order to fund the costs to construct this section of Vision Hills Parkway, Petitioners and any subsequent owner shall, as a condition of the issuance of the first 750 building permits in Planning Areas 2, 3, and 4 that can be serviced by the existing City wastewater system, will pay a traffic impact fee of One Thousand Dollars ($1,000.00) for each dwelling unit to be constructed within the Property ("TIF"), up to a maximum of Seven Hundred Fifty Thousand Dollars ($750,000.00). FINANCIAL IMPLICATIONS: The City will establish escrow accounts for the acceptance of impact fees for improvements to Jerry Murphy Road ($5,000 per building permit) and Vision Hills Parkway ($1,000 per building permit) that will be collected by the Public Works Department and will be deposited into these accounts as each building permit is approved. If roadway improvements are completed for Jerry Murphy Road, as approved by City Council utilizing HUTF Funds, the impact fees collected with be reimbursed into the City HUTF Fund. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Resolution, the current annexation agreement will remain in effect. The current annexation agreement does not provide for the phasing and recuperation of public investment by the property owners in a manner that facilitates the development of the property. RECOMMENDATION: Approval of the Resolution. Attachments: Restated Annexation Agreement Exhibit C-2 and D-1 re: Resolution 13916 Reception 2100918 03/29/2018 03'.40 43 PM RESTATED ANNEXATION AGREEMENT This Restated Annexation Agreement entered into as of t” Pt C. 1-\ 1,2 , 2018, by and between the City of Pueblo, a Municipal Corporation, (the "City") and BLH Properties, LLC, a Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and Home Town Finance Co., a/k/a The Hometown Finance Co., a Colorado corporation (the "Petitioners"), WITNESSETH WHEREAS, the term "Property" as used herein means and include the real property described in Exhibit A to the Annexation Agreement dated April 13, 2009; and, WHEREAS, Petitioner represents and warrants that they are the owners of the Property in fee simple and are the successors in interest of the BLH Properties, LLC, a Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and Home Town Finance Company a/k/a Hometown Finance Co., a Colorado Corporation as owners of the Property; and, WHEREAS, the Property was previously annexed into the City in accordance with Ordinance No. 7996 titled "AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION AND DESCRIBED AS LAND NORTH OF 47TH STREET AND WEST OF TROY AVENUE AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO" (the "Annexation Ordinance"). Attached to the Annexation Ordinance there is an Annexation Agreement dated April 13, 2009 ("Annexation Agreement"). The Annexation Ordinance was recorded with the Clerk and Recorder of Pueblo County, Colorado, on April 24, 2009, at Reception No. 1803116, and the Annexation Agreement was recorded with the Clerk and Recorder of Pueblo County, Colorado, on April 24, 2009, at Reception No. 18031118; and, WHEREAS, Petitioners have contracted to sell the Property to Pueblo Heights LLC, a Colorado Limited Liability Company ("Pueblo Heights"); and, WHEREAS, to complete the Property acquisition by Pueblo Heights, the Petitioner desires to amend the Annexation Agreement to provide for certain changes to the Development Plan ("Development Plan") as included Section II of the Annexation Agreement titled "Master Development Plan" and to Exhibit C-1 to the Annexation Agreement("Exhibit C-1"). WHEREAS, the City desires to restate the Annexation Agreement setting forth certain new and modified terms and conditions. NOW THERFORE, in consideration of the foregoing, and the covenants and conditions set forth herein, the City and Petitioners agree follows: I. REPRESENTATIONS AND WARRANTIES OF PETITIONERS Petitioners hereby represent and warrant to, and covenant with, the City as follows: 1) Petitioner BLH Properties, LLC, is a Colorado Limited Liability Company duly organized and validly existing under the laws of the State of Colorado. 2) Petitioner Pete Urenda a/k/a Albert Pete Urenda is an individual resident of the State of Colorado. 3) Petitioner Home Town Finance Co., a/k/a The Home Town Finance Co., is a corporation duly organized and validly existing under the laws of the State of Colorado. 4) Petitioners have good and marketable fee simple title to the Property subject only MO to permitted encumbrances attached hereto as Exhibits"B-1" and "B-2". aii 5) Petitioners are authorized to take all actions required to execute, deliver and .3 perform its obligations under this Restated Annexation Agreement, and carry out and consummate all of its transactions contemplated by this Restated Annexation Agreement. "' 0 po- .r- CL 6) This Annexation Agreement when executed and delivered constitutes a valid and M . --- legally binding obligation of the Petitioners enforceable against Petitioners according to its mo° terms. m Ut ca r)0)- 7) Neither the execution and delivery of this Annexation Agreement nor the m NQ fulfillment of or compliance with its terms and conditions, nor the consummation of the = transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or N N provisions or any restriction or any agreement or instrument to which the Petitioners are bound, U or constitutes a default under any of the foregoing. N -~ v_- 6 01� 8) mow There is no litigation pending, or to the knowledge of Petitioners threatened, N 0- against against the Petitioners or any person making the right of the Petitioners to execute this Annexation Agreement or to comply with the provisions hereof 9) The representations and warranties of Petitioners contained herein will be true and correct in all material respects as of the date of recording of the Restated Annexation Agreement. II. MASTER DEVELOPMENT PLAN Petitioners have prepared and submitted a Master Development Plan for the Property contemporaneously with Petitioners' Planned Unit Development (PUD) as provided in Article III hereof 1) Development Plan., The Development Plan shall be prepared in accordance with the requirements of Sections 12-4-5(a)(2) and 12-4-6(a) of the Pueblo Municipal Code. A development plan establishing the anticipated phasing of the development of the Property shall be prepared as part of the Development Plan. Without the requirement of the construction and/or development of off-site sanitary sewer mains, the Petitioners shall be entitled to develop on the Property seven hundred fifty (750) lots within the areas crosshatched on Exhibit D-1 attached hereto and made a part hereof to be within the presently-developed Waste Water Service Area on the Property, said Lots to be replatted in accordance with Section 12 of the Pueblo Municipal Code. Petitioners will not be required to construct any off-site sanitary sewer and/or water distribution mains with regard to said Property, nor will it be required to construct any off-site roadways leading to said development property, except as otherwise defined and described in Exhibit C. 2 2) Drainage Plan.. The Drainage Plan shall be prepared in accordance with the Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, Colorado, published June 9, 1997, or as same may hereafter be amended (MANUAL) and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. Stormwater flows from subdivisions within the Property must be detained and/or retained as determined by the Director of Public Works. The Petitioners shall construct, at their sole expense, such detention and retention facilities, along with the complete stormwater conveyance system (collectively the "Drainage Facilities") in full compliance with the MANUAL and the City's Standard Construction Specifications and Standard Details, published March 28, 2005, or as either may be hereafter amended and as shown on the MO construction plans approved by the Director of Public Works. The Petitioners, at their sole expense, shall be responsible for the acquisition and dedication of all on-site and off-site easements to facilitate the installation of the Drainage Facilities on and off the Property and to o provide conveyance for site stormwater run-off to downstream receiving waters. m MSS ou o The Drainage Plan shall address surface water drainage within the Property, upstream ,.- drainage tributary to the Property, as well as effects of the development of the Property upon Mm _ downstream properties and drainage facilities. Negative impacts on the surrounding properties, �Ga as determined by the City's Director of Public Works, which are reasonably attributable to the •V'v development shall be mitigated through stormwater drainage improvements installed by and at 2: the expense of the Petitioners. Additionally, if off-site downstream storm drainage facilities are °,94:11. determined to be inadequate, supplemental detention and retention facilities must be constructed ��a by the Petitioners. The Drainage Plan shall include a phasing plan or schedule addressing :'1e-3 proposed drainage improvements for the Property. m IROo Stormwater releases, water quality management, and erosion control measures shall be if; =- incorporated incorporated into the Drainage Plan to meet current and future NPDES requirements. Nam The Petitioners must reduce peak flows and run-off volumes from the Property, to the maximum extent practicable, to levels that existed prior to any development within the Property, or to levels that are capable of being handled by the downstream drainage facilities, whichever is less, as determined by the Director of Public Works. Prior to the approval of any subdivision of land within the Property, a subdivision drainage report must be submitted to the City's Director of Public Works for approval. 3) Sanitary Sewer Plan. The Sanitary Sewer Plan shall be prepared in accordance with the Sanitary Sewer Design Criteria and Policies for the City of Pueblo published May 12, 1999, or as same may hereafter be amended, and be certified by Professional Engineers competent in the field of sanitary sewer engineering and registered in the State of Colorado. The Sanitary Sewer Plan shall address the needs of the entire gravity-fed sanitary sewer drainage basin of which the property is a part. The sewer drainage basin shall be approved by the Director of Public Works. Associated impacts on City's existing non-backbone system (less than 15-inch diameter) and proposed sanitary sewer system shall be identified in the Sanitary Sewer Plan, and those impacts which are reasonably attributable to the development of the Property as determined by the City, in its sole discretion, shall be mitigated through the installation of sanitary sewer improvements installed by and at the expense of the Petitioners. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary sewer improvements. 3 If sanitary sewers within the Property are oversized to serve future development outside the Property but within the sewer drainage basin, an Agreement to partially recover costs of constructing oversized or off-site sewer collection system improvements ("Agreement") will be entered into between the Petitioners and the City in accordance with Chapter 5, Title XVI of the Pueblo Municipal Code or as same may hereafter be amended. If sanitary sewers are constructed downstream from the Property which will serve future development outside the Property but within the sewer drainage basin, the Agreement may include provisions allowing the Petitioners to be reimbursed in accordance with said Chapter 5 of the City's ordinances. The Agreement will comply with the City's then existing applicable ordinances but shall not require any cost recovery from the City except to the extent that funds therefore are made available by Resolution of the City Council pursuant to Section 16-11-4 of the Pueblo Municipal Code or as same may hereafter be amended for oversizing the sanitary sewer system within the Property. 4) Transportation Plan., The Transportation Plan shall be prepared in accordance m T� with the criteria and general outline specified by the City Traffic Engineer and shall be supported by studies and reports prepared by Professional Engineers competent in the field of " transportation and registered in the State of Colorado. Associated impacts on City's existing and M4) proposed traffic and roadway systems shall be identified in the Transportation Plan and studies, ""3'.- and 6'aand those impacts which are reasonably attributable to the development of the Property as a m 4 determined by the City, in its sole discretion, shall be mitigated through traffic improvements ©° constructed and installed by and at the expense of the Petitioners (such as, but not limited to, F traffic signals, signal interconnect, conduit and flyer, deceleration/acceleration lanes, and median islands). The Transportation Plan shall include a phasing plan or schedule of such traffic M N N' improvements. If street improvements through or adjacent to property outside the Property are m a 2 c required to be constructed, the Petitioners will pay the entire cost of such improvements and co‘r° thereafter be eligible for such cost recovery as may be provided under section 12-4-12 of the m v� Pueblo Municipal Code or as same may hereafter be amended, but shall not be eligible for any N(2.,;. U cost recovery from the City. 5) Environmental Studies. In addition to the requirements of Section 12-4-6(b)(3) of the Pueblo Municipal Code, if the Property includes any land that is adjacent to or has previously been used for solid waste disposal by land filling, the Petitioners at their expense, shall provide the City with a Phase I environmental study of the Property and a further in-depth study of any potential methane gas presence on, or migration from or to the property. Such studies shall be performed by Professional Engineers competent in environmental engineering. The boundaries of the landfill area shall be identified on the Master Development Plan and shall be tested for the presence of methane gas in accordance with procedures approved by the appropriate State agencies and the results summarized as a comparison to State and Federal regulatory limits of the landfill area and at the exterior boundary of the landfill area. Petitioners may submit the Master Development Plan to the Planning and Commission for Approval any time after the City Council has found the Petition for Annexation of the Property to be valid in accordance with the provisions of Section 31-12-107, C.R.S.; provided however, that the proposed Master Development Plan shall not be approved prior to the time the ordinance annexing the Property is approved on final presentation. The City may refuse to 4 approve any building or occupancy portion or all of the Property until after a Master Development Plan is approved. III. ZONING AND SUBDIVISION (1) The Property shall be zoned as Planned Unit Development (PUD) which constitutes the land use classification most nearly corresponding to the land use classification into which the Property has been classified or will in the reasonable future be classified under the Pueblo Regional Comprehensive Development Plan. Petitioners further consent and agree that the annexation of the Property is contingent on City's approval of a final ordinance zoning the Property PUD and approving a PUD Development Plan therefore (the "Zoning Ordinance") contemporaneously with the approval of an ordinance annexing the Property to the City (the "Annexation Ordinance MI (2) After the Property is zoned PUD, or contemporaneously with the filing of the _Au PUD Zoning Application, Petitioner shall submit to the Planning and Zoning Commission for approval a PUD Site Plan for all or a portion of the Property in conformity with the provisions m and requirements of Section 17-8-7 of the Pueblo Municipal Code. (3) No application for subdivision of all or any portion of the Property shall be all= submitted or considered by the City until after the Planning and Zoning Commission approves m a y the PUD Site Plan for the portion of the Property sought to be subdivided. No building permit or 45 291 45 occupancy permit shall be approved for any portion of the Property unless located within an 2G1)_, approved subdivision for which a PUD Site Plan has been approved by the Planning and Zoning co -411 Commission. N NNu -10 IV. PUBLIC FACILITIES 0 a MIL- co in -I The Petitioners shall dedicate land and right-of-way for public uses and facilities necessary to serve the Property or required as a result of the development of the Property as UT; determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers, drainage ways and facilities, utilities, streets, roadways, trails, travel systems and parks. The Petitioners at their expense shall construct and install all on-site improvements, and all off- site improvements as set forth in this Agreement (as well as those where an essential nexus exists between the off-site improvement and a legitimate government interest, and the cost of the improvement is roughly proportionate both in nature and extent to the impact of the proposed development of the Property), that are necessary to serve the Property or required as a result of the development of the property as determined by the City, in its sole discretion, including, but not limited to, streets, street lights, curbs and gutters, sidewalks, trails, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel improvements and facilities. All such improvements shall meet and comply with applicable City Ordinances in effect at the time of installation of such improvements. V. UTILITIES The Petitioners shall comply with all applicable City of Pueblo (sanitary and storm sewers), Xcel (natural gas), Black Hills (electric), Comcast (cablevision), Pueblo Board of Water Works (water), and Qwest (telephone/data transmission) requirements for the installation of mains, lines, stations, and any other pertinent utility facilities in effect at the time of such installation. 5 VI. COMPLIANCE WITH ORDINANCES The development, subdivision and zoning of the Property shall meet and comply with all applicable ordinances, resolutions, regulations, and standards of the City now existing or hereafter enacted or amended. VII. BINDING EFFECT The covenants, restrictions, and agreements herein set forth are covenants running with the Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioners and their legal representatives, successors, assigns and transferees. The Petitioners expressly accept and agree to the covenants, restrictions and agreements set forth herein by execution of this Annexation Agreement and by the filing of their petition for annexation. If Petitioners default in any of their obligations under this Annexation Agreement, including, without limitation, land dedication obligations, City, upon notice given to Petitioners specifying aid the default, may withhold all subdivision, special area plan, and other development approvals as well as building and occupancy permits for any building or structure within the Property until 6 such default has been corrected to the satisfaction of the City. >x �oN— o•J VIII. AMENDMENTS am . • M yr v©ci Amendments to this Annexation Agreement may only be made through formal petition to ,i)0 and approval by Resolution of the City Council after such amendment has been submitted to and M24 reviewed bytheappropriate City Departments and such departments have submitted their °O; findings and recommendations to the City Council. All amendments to the Master Development NAY Plan must be approved by the Planning and Zoning Commission after review and No° _ recommendation by the appropriate City Departments. ; N °L COID IX. SEVERABILITY w° 'Ail[9 If any section, clause, or other provision of this Annexation Agreement is for any reason determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any of the remaining portions of this Annexation Agreement. X. VESTED RIGHTS As a condition of any consideration of the City annexing the Property, the Petitioners, for themselves and their successors and assigns waive and release all previously acquired or existing vested property rights attached to or established with respect to the Property. The Petitioners acknowledge and agree that neither this Annexation Agreement nor any provision hereof, nor the annexation of the Property to the City, nor the approval of the Master Development Plan, zoning for subdivision, either separately or jointly: (a) creates or establishes as a property right in or for the benefit of the Petitioners or their successors or assigns, or with respect to the Property; or (b) constitutes a site-specific development plan. The terms "vested property right" and "site-specific development plan" shall have the same meanings as set forth in Section 17-12-2 of the Pueblo Municipal Code and Section 24-68-101, et seq., C.R.S. 6 XI. BUILDING PERMITS No building or occupancy permit shall be approved by the City or issued by the Pueblo Regional Building Authority to occupy, construct or install any building, structure or other improvement on the Property except within a subdivision approved by the City after adoption of the ordinance annexing the Property which meets and complies with this Annexation Agreement and City's ordinances, standards, and regulations. XII. DISCONNECTION 1) Disconnection by Petitioners. Petitioners acknowledge and agree that upon annexation of the Property, the Property shall become subject to this Annexation Agreement, the Charter, ordinances and rules and regulations of the City, but that City shall not have any U obligation to furnish or extend the useful services to the property. Petitioners may, three (3) or more years after annexation, petition under Section 31-12-119, C.R.S., for disconnection from the City if the City does not, upon demand, provide the same municipal services to the Property on the same general terms and conditions as the rest of the City receives. m - M• 7 "`off 2) Disconnection by City. If, for any reason, the Master Development Plan is not (7:° approved and adopted by the Planning and Zoning Commission within ten (10) years from the vmar-' date of this Annexation Agreement, proceedings may be instituted by the City to disconnect the o Property from the City, and for such purpose, the Petitioners irrevocably consent to such (42- . disconnection proceedings and waive any and all rights to contest such disconnection. M v-s N�y= XIII. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT 04 N N3i The terms, conditions and obligations of this Annexation Agreement are and shall be0 NIL construed to be purely contractual in nature, as terms, conditions and obligations voluntarily m F agreed to by the City and Petitioners prior to Annexation of the Property to the City. The terms, Nam= conditions and obligations imposed on Petitioners and the Property by this Annexation Agreement are not nor shall they individually or cumulatively be construed to be conditions upon granting land-use approvals within the meaning of sections 29-20-201 to 29-20-204, C.R.S. XIV. SPECIAL IMPROVEMENTS, DEDICATIONS AND SYSTEM DEVELOPMENT FEES In addition to the on-site and off-site improvements and land dedications required to be made by the provisions of this Annexation Agreement, Petitioners will construct and install improvements, dedicate the land, and pay or cause to be paid the system development fees described in Exhibit "C-1" attached hereto and incorporated herein. The improvements, dedication, and system development fees described as Exhibit "C-1" are in addition to and not in substitution for any improvements or dedications otherwise required by this Annexation Agreement. XV. MISCELLANEOUS 1) Notice.. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or mailed by registered or certified mail postage prepaid, addressed as follows: 7 (a) if to the City: Department of Public Works—City of Pueblo 211 East"D" Street, Pueblo, Colorado Attention: Director of Public Works (b) if to the Petitioners: Home Town Finance Co. Attention: Mr. Jack Hunter 8511 Pine Drive Beulah, CO 81023 BLH Properties, LLC c/o Betty Lou Harvey 4909 N Interstate 25 Pueblo, CO 81008 Pete Urenda 15854 East 10th Place Aurora, CO 80111 or to such other address as either party by written notice given hereunder may designate. 2) Governing Law. This Annexation Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. 3) No Third-Party Beneficiaries. Nothing in this Annexation Agreement expressed or implied is intended to or shall be construed to confer upon, or to give to, any person other than the City and the Petitioners any right, remedy or claim under or by reason of this Annexation Agreement or any covenant, condition or stipulation hereof; and all the covenants, agreements and stipulations in this Annexation Agreement contained by and on behalf of the City or the Petitioners shall be for the exclusive benefit of the City and the Petitioners. 4) Singular, Plural.. Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting the other gender, if applicable. 5) Entire Agreement. All prior discussions, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter of this Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire agreement between the parties. 2100918 03/29/2018 03:40 �03001T 133.00 Page 8of25 11111e. R Record''ier�: Pueblko GountY. Go 11 ertOrtiz i�'l : I��R � , Ili, �I III 8 . 2100918 03/29/2018 03:40:43 PM Page: 90 of 25 R 133.00 0 0.00 TC 133.00 Gilbert Ortiz Clerk'Recorder Pueblo County Co VIII 1���1L'��i6i���'hr�'�ti 44�L�'J���k���K�L�I��f��4�II,�i�i�,�h i II Colorado as of the day and year first above written. a` �* PUEBL P a unicipal Corporation 1147,,drillfieilf,:.:.5.40'uoeblo, P 1Pla By 4 \'R�'-+" " -t (� lli1vt,Lft President—ity Council-Christopher A.Nicoll � _ -4). -(Clerk-Brenda Armijb& APPROVED AS TO FORM: �! i At ill Ci y Attorney PETITIONERS: BLH Properties, LLC, a Colorado limited liability company By ,;-'2 tiir , , (Name) ( Title) Pete Urenda a/k/a Albert Pete Urenda Home Town Finance By Jack Hunter, President STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this tot 46 day of 7Y-10.A C/t- , 2018, by (1AAIS*1)1A/ -Niki/ as President of City Council and BAE t4 a AAlni O a Cit Clerk of Pueblo a Municipal Corporation. Witness my hand and officldl seal. My ccomrr ssion expires:� y 4,, ‘,20,-.)0 . TAMMY A MARTINEZ [SEAL] NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164028200 MY COMMISSION EXPIRES 07/28/2020 --/),t_ V /9, 1-,,4) Notary Publd Q` 9 2100918 03/29/2018 03:40:43 PM Page: 10 of 25 R 133.00 DP 0.00 133.00 Gilbert Or�ttizuClerk`/Recorder, Pueblo CountyCT() CoI LW ` STATE OF COLORADO ) ,ii1 1'hI'i1�i�i�1���:k��4�� CW���lilt rii�ill lit �i�i��Tliti�fi S II ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this S+h day of /✓IarLr► , 2018, by I 44-1,/OO as /4/4_41w of BLH Properties, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: 03i i l a" [SEAL KAREN M.HOOPES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124057134 My Commission Expires 08-31-2020 Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by Pete Urenda a/k/a Albert Pete Urenda. Witness my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by Jack Hunter as President of Home Town Finance. Witness my hand and official seal. My commission expires: [SEAL] Notary Public 10 Executed at Pueblo, Colorado as of the day and year first above written. PUEBLO, a Municipal Corporation [SEAL] By Attest: President of City Council-Christopher A.Nicoll Acting City Clerk-Brenda Armijo U-c APPROVED AS TO FORM: C - U I-° a. Em0y am*- fl na City Attorney •• a) m73y PETITIONERS: 831 BLH Properties, LLC, a Colorado N j- limited liability company a,N a-�' NNUJC Mw N�•i ma�� BY �_ (Name) ((Title) CO = "- Na0 Pete Urenda a/k/a Albert Pete Urenda Home Town Finance By Jack Hunter, President STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by as President of City Council and as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: [SEAL] Notary Public 9 2100918 03/29/2018 03:40:43 PM • Page: 12 of 25 R 133.00 D 0.00 T 133.00 STATE OF COLORADO ) Gilbert Ortiz Clerk/RecorderPueblo County Co ) ss. ■III K!C11 1 IR ir'k 'i tlM�ly . l�KJ kit III III COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by as of BLH Properties, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this g' day of l/,av _�G� , 2018, by Pete Urenda a/k/a Albert Pete Urenda. Witness my hand and official seal. My commission expires: '14 ( MARK STAZZONE s' [SEAL] NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174024040 /� MY COMMISSION EXPIRES JUNE 7,2021 Notary Pu li STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by Jack Hunter as President of Home Town Finance. Witness my hand and official seal. My commission expires: [SEAL] Notary Public 10 Executed at Pueblo, Colorado as of the day and year first above written. PUEBLO, a Municipal Corporation [SEAL] By Attest: President of City Council-Christopher A.Nicoll Acting City Clerk-Brenda Armijo , APPROVED AS TO FORM: =� 1-0 a.o— _ 0)0 a_se •City Attorney m ..mr=um es)in PETITIONERS: CO�0 Ns — ..CC BLH Properties, LLC, a Colorado NN limited liability company o N re) CO By ~ • a, (Name) ((Title) m O1_0 Na.C) 111 Pete Urenda a/k/a Albert Pete Urenda Home Town Fina e yJ:ckFtunt- , 'resilen STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by as President of City Council and as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: [SEAL] Notary Public 9 2100918 03/29/2018 03:40:43 PM Page: 14 of 25 R 133.00 D 0.00 T 133.00 STATE OF COLORADO ) Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ss. 1111114. 111��� ���k'r I��l��h'��l NI ilk It '1 t"i 11111 COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by as of BLH Properties, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 2018, by Pete Urenda a/k/a Albert Pete Urenda. Witness my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO ) I-�v - (3v ) ss. COUNTY OF-PUEBLO ) P 1 L The foregoing instrument was acknowledged before me this 7444 day of (}Y'C.V) , 2018, by Jack Hunter as President of Home Town Finance. Witness my hand and official seal. My commission expires: -L---t/VX I 2 0 \q [SEAL] 2/1 10-d'/1 0 �Vl SO - ELIZABETH JOHNSON NotaryPublic N NOTARY PUBLIC,ARIZONA PINAL COUNTY ' •'4, My Commission Expires •ro • May 31,2019 10 2100918 03/29/2018 03:40:43 PM Page: 15 of 25 R 133.00 D IT! T 133.00 Gilbert. Ortiz Cle``rkLlRlecordeer, LPue■`blo CoYu�nTtyL, Co 11 ,III 1irAAftil���AAf�IA■��If ,�fA�il!���'�I��/II �I�I ��I11 111111 CONSENT AND APPROVAL Pueblo Heights LLC, a Colorado Limited Liability Company ("Pueblo Heights") consents to and approves the foregoing Annexation Agreement. Pueblo Heights agrees that if title to the Property therein described is acquired by Pueblo Heights from or through the Petitioners, the Annexation Agreement and all its provisions shall become binding upon Pueblo Heights and its right, title and interest in and to the Property, and shall be enforceable by and against Pueblo Heights, to the same extent and effect as if Pueblo Heights was the original Petitioner. � Executed at Piito, Colorado cK-C I 0 J , 2018. 1 Pueblo Heights, a Colorado Limited Liability Company By Nam . ' c Vt , 1(g`S'/) t � Title: /t'i @11 r _ t' STATE OF O L",` ) ) ss. COUNTY OF 6 0 K ) The foregoing instrument was acknowledged before me this i day of 114 Gc C C h , 2018, by Da v; cA l S N, K as /t'1 ct ,l/ < </ e of Pueblo Heights, a Colorado Limited Liability Company. [SEAL] ` OKSANA RESNICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184004019 MY COMMISSION EXPIRES JANUARY 24 2022 Notary Pu 11 2100918 03/29/2018 03:40:43 PM Page: of 25 R .00 DP 0.00 T 133. Gilbert O16 rtiz Clerk/Recor133der. Pueblo County C00o ■III MiP��� lh'itiM�'ILMI i :'LI6L41ti,1,4 n10%14111 III EXHIBIT "A" NORTH VISTA LAND DESCRIPTION 1. AREA TO BE ANNEXED All of Fountain Lake Subdivision. Pueblo Col. AND Section 5: SW 1/4 of the NE 1/4, W 'A of the SE 1/4, NW 1/4 of the SW 1/4 Section 6: NE 1/4 of the SE 1/4 Section 7: NW 1/4 Section 8: NE 1/4 all being in Township 20 South, Range 64 West of the 6th P.M. Total Annexation boundary 1188.46 acres, more or less EXCEPTING THEREFROM: All of Lots 23 to 27 both inclusive, Block 55 and all of New York Avenue and all of the alley adjacent thereto; AND All of Lots 14 to 17 both inclusive, Block 55 and all of Delaware Avenue and Schuler Avenue and all of the alley adjacent thereto; AND All of Lots 1 to 28 both inclusive, Block 86 and all of Madison Avenue, Oriental Avenue, Columbia Avenue, Lafayette Avenue and all of the alley adjacent thereto; AND All of Lots 15 and 16, Block 110 and all of Prospect Avenue and Lake Avenue and all of the alley adjacent thereto; AND All of Block 181 and all of Santa Fe Avenue, Best Place and Utah Place and all of the alley adjacent thereto; AND 12 2100918 03/29/2018 03:40:43 PM Page: 17 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder: Pueblo County Co VIII !iiiIIIVI4,14',1111111.M.+.MAK,41 'rkiih u III All of Block 185 and all of Santa Fe Avenue, Euclid Place and Oak Place and all of the alley adjacent thereto all being a portion of Fountain Lake Subdivision. Pueblo Col. Total exceptions 16.37 acres, more or less Total Annexation 1172.09 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Beginning at the Northwest corner of the NW 1/4 of Section 7, Township 20 South, Range 64 West of the 6th P.M. being a point on the Present City Limits line; thence Easterly along the North line of the NW 1/4 of said Section 7 to a point on the Southwest corner of the SW 1/4 of the SE 1/4 of Section 6; thence Northerly along the West line of the SW 1/4 of the SE 1/4 of said Section 6 to the Northwest corner of the SW 1/4 of the SE 1/4 of said Section 6; thence Easterly along the Northerly line of the SW 1/4 of the SE '/4 of said Section 6 to the Southwest corner of the NE 1/4 of the SE 1/4 of said Section 6; thence Northerly along the Westerly line of the NE 1/4 of the SE 1/4 of said Section 6 to a point on the Northerly line of the NE '/4 of the SE 1/4 of said Section 6; thence Easterly along the Northerly line of the NE 1/4 of the SE 1/4 of said Section 6 to the Southwest corner of the NW 1/4 of Section 5; thence Northerly along the Westerly line of the NW 1/4 of said Section 5 to the Northwest corner of the NW 1/4 of said Section 5; thence Easterly along the Northerly line of the NW '/4 of said Section 5 to the Northeast corner of the NW 1/4 of said Section 5; thence Southerly along the Easterly line of the NW 1/4 of said Section 5 to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 5; thence Easterly along the Northerly line of the SW 1/4 of the NE 1/4 of said Section 5 to the Northeast corner of the SW '/4 of the NE 1/4 of said Section 5; thence Southerly along the Easterly line of the SW '/4 of the NE 1/4 and the East line of the W '/2 of the SE 1/4 of said Section 5 to a point on the Northerly line of the NE 1/4 of Section 8; thence Easterly along the Northerly line of the NE '/4 of said Section 8 to the Northeast corner of the NE '/4 of said Section 8; thence Southerly along the Easterly line of the NE 1/4 of said Section 8 to the Southeast corner of the NE 1/4 of said Section 8 and the Present City Limits line and the Point of Terminus. 13 EXHIBIT "B" Not Applicable 2100918 03/29/2018 03:40:43 PM PaGilbert il ertl8 Ortof iz Clerk/Recd d0e0r PuO.00 T eblo County, Co0 Gi 1$Wil,l'iihl3/411RI01111'4, 111111 14 2100918 03/29/2018 03:40:43 PM Page: 19 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co M.CIP igMai U II EXHIBIT C-1 SPECIAL IMPROVEMENTS, DEDICATIONS AND FEES 1. Trails. The Petitioners shall design and construct, and cause to be maintained, by themselves or by means of a homeowners' association, trails throughout the Property connecting, in accordance with an approved final subdivision plat, to existing trails within the City of Pueblo, as described in the PUD Development Plan. Trails shall be located in general in accordance with the PUD Development Plan, provided that the final location and alignment within a subdivision shall be determined at the time of subdivision review. 2. Parks. The Petitioners shall develop park sites on the Property. The minimum amount of developed park land required is seven and one-half(7.5) acres of developed park land per one thousand (1,000) population, as described in the PUD Development Plan (the "Developed Park Sites"). a. The Developed Park Sites shall be developed according to the standards contained in the PUD Development Guide and the Park Development Standards approved by the Planning and Zoning Commission, as amended. The Petitioners shall construct each park site according to the construction plans approved by the City, within one hundred eighty (180) days after the first building permit has been issued for the construction of a residential dwelling unit within a subdivision that contains or abuts a Developed Park Site, as described in the Development Plan. b. Developed Park Sites of ten (10) acres or more shall be conveyed by the Petitioners to the City by warranty deed, if the City, in the exercise of its sole discretion, determines that it will accept such Developed Park Site for maintenance and ownership, prior to the recording of any final subdivision plat for a development area or portion thereof which contains such Developed Park Site. If the City determines not to accept such Developed Park Site, as provided herein, then such Developed Park Site shall be owned and maintained by the Petitioners or homeowners' association. c. The Developed Park Sites that are less than ten (10) acres shall be owned and maintained by the Petitioners or a homeowners' association. 3. School Land Dedication. The Petitioners shall convey to the City, by warranty deed, a maximum of twenty (20) acres of real property within the Property as described in the PUD Development Plan with location(s) mutually identified by Petitioners and the City in a final subdivision plat (the "School Property") within ninety (90) days of written request by the City; provided, however, that, if the School Property has not been included within a final subdivision plat, the foregoing time frame shall be extended for whatever period is necessary to obtain the City's approval and recordation of a final subdivision plat establishing the School Property as a legally conveyable parcel, or to obtain the City's approval of a subdivision exemption. The Petitioners acknowledge and agree that the School Property may be conveyed by the City, in the exercise of its sole discretion, to a local school district or charter school as a school site. 4. Fire Station Land Dedication and Construction. The Petitioners shall convey to the City, by warranty deed within ninety (90) days of the City's written request, a parcel of land totaling two (2) acres within the Property as described in the PUD Development Plan with a 15 2100918 03/29/2018 03:40:43 PM Page: 20 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co • 111111M1131141MINAriliCAChiliViVirA ��� Ill Ili location identified by appropriate studies (the "Fire Station Property"); provided, however, that the foregoing time frame shall be extended for whatever period is necessary to obtain the City's approval and recordation of a final subdivision plat establishing the Fire Station Property as a legally conveyable parcel, or to obtain the City's approval of a subdivision exemption. The Petitioners acknowledge and agree that prior to the issuance of the building permit for the two thousandth (2,000th) residential dwelling unit within the Property or any additional building permits, they, or the North Vista Metropolitan District on their behalf, shall construct and install a facility and related improvements adequate for the City to operate as a fire station. 5. Construction of Offsite Sanitary Sewer. The Petitioners shall design and construct, at no cost to the City, within one hundred eighty (180) days after the seven hundred fifty first (751st) building permit is issued to construct any dwelling unit on the Property, an eighteen inch (18") sanitary sewer main and all related facilities in Jerry Murphy Road from Candytuft Boulevard to the south boundary of the Property. Petitioners must complete construction of the sanitary sewer improvements according to design and construction standards required by the City and the approved Sanitary Master Plan. Petitioners may apply for cost recovery for the off-site sanitary sewer improvements described above, pursuant to Section 16-5-5 of the Pueblo Municipal Code. 6. Construction of Road Improvements. a. Design and Construction of Jerry Murphy Boulevard. Jerry Murphy Road shall be rebuilt, by the City, at existing width from Candytuft Boulevard to Vision Hills Parkway (formerly 47th Street). For the purpose of this section, the term "rebuild" constitutes milling five (5) inches of existing material and reshaping the then overlay with four (4) inches of asphalt. Jerry Murphy Road from Vision Hills Parkway to Home of Heroes Parkway shall be designed and constructed, by Petitioners at no cost to the City, as a four lane, median divided, principal arterial roadway section, including acceleration and deceleration lanes, as shown on Exhibit C-2. 1) In order to fund the costs to rebuild Jerry Murphy Road between the intersection of Candytuft Boulevard and Vision Hills Parkway as shown on Exhibit C-2, Petitioners and any subsequent owner of all or any part of the Property shall, as a condition of the issuance of a building permit for the construction of any one or more dwelling units within the Property, pay a traffic impact fee of Four Thousand Five Hundred Dollars ($4,500.00) for each dwelling unit to be constructed within the Property ("TIF"), up to a maximum of Four Hundred Fifty Thousand Dollars ($450,000.00). Beginning with the 2018 calendar year, the TIF amount shall be adjusted annually based on the first quarter Construction Cost Index published by the Colorado Department of Transportation. The TIF shall be paid to the City at the time a building permit is issued for each dwelling unit and shall be deposited in an interest-bearing account identified as the "Jerry Murphy Road Off-Site Improvements Account." Monies on deposit in the Jerry Murphy Road Off-Site Improvements Account shall only be used for the Jerry Murphy Road Off-Site Rebuild. In the event that the costs of the Jerry Murphy Road Off-Site Rebuild are less than the amounts deposited in the Jerry Murphy Road Off-Site Improvements Account, the remaining balance shall be used for future public infrastructure improvements needed for the Property. Petitioners, for itself and its successors and assigns, including all subsequent owners of land within the Property, stipulate and agree that there is an essential nexus between the TIF and the City's legitimate interest in providing for the rebuilding of Jerry Murphy Road between the 16 2100918 03/29/2018 03:40:43 PM Page: 21 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co Viiii11M:Efitih 11111 intersection of Candytuft Boulevard and Vision Hills Parkway as shown on Exhibit C-2 and that the TIF is roughly proportional both in nature and extent to the impact of the proposed development of the Property. 2) Notwithstanding the provisions of the foregoing paragraph 6. a. 1), The City may in its sole discretion adopt an ordinance that authorizes the cost to rebuild Jerry Murphy Road between the intersection of Candytuft Boulevard and Vision Hills Parkway as shown on Exhibit C-2 to be paid from the City's Highway Users Trust Fund ("HUTF Fund"). In such event, the moneys deposited into the TIF, up to the full cost of the rebuild, but in any event not to exceed a maximum of Four Hundred Fifty Thousand Dollars ($450,000.00), shall be reimbursed to the City's HUTF Fund. 3) Within one hundred eighty (180) days after the seven hundred fifty first (751st) building permit is issued to construct any dwelling unit on the Property, Petitioners must construct Jerry Murphy Road as stated above between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway as shown on Exhibit C-2. If any portion of the improvements required in this subparagraph are tributary to the drainage channel located approximately five hundred (500) feet south of the south boundary line of the Property (the "Culvert"), Petitioners shall be responsible to increase the size and capacity of the Culvert as determined by the final storm drainage study and then prepared at Petitioners' cost in accordance with the Storm Drainage Design Criteria and Drainage Policies for the City, published June 9, 1997, or as same may later be amended ("MANUAL") and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. b. Design and Construction of Home of Heroes Parkway West of Property. Home of Heroes Parkway shall be designed and constructed as described in this Paragraph as a major arterial roadway section, at no cost to the City, including any utilities, acceleration lanes, deceleration lanes, bridges and intersection improvements, from Jerry Murphy Boulevard across Fountain Creek to Dillon Drive (collectively "Home of Heroes Expansion"), according to the following schedule: 1) The Petitioners shall, at no cost to the City, not later than the date of the issuance of the building permit for the eight hundred and fiftieth (850th) residential dwelling unit upon the Property, acquire and deed to the City by warranty deed fee simple title to the right-of-way necessary for the construction of the Home of Heroes Expansion as shown on Exhibit C-2. 2) The Petitioners shall, at no cost to the City, and not later than the date the fifteen hundredth (1500th) building permit is issued to construct any residential dwelling unit on the Property (a) commence construction of Home of Heroes Expansion, including a two-lane bridge structure across Fountain Creek in accordance with City- approved plans and specifications (the "Fountain Creek Bridge") as shown on Exhibit C- 2; and (b) construct Home of Heroes Expansion as one-half(1/2) of an arterial roadway section between the western boundary of the Property and Dillon Drive, including all utilities, acceleration and deceleration lanes, and intersection improvements required by the standards of the City then in effect. 3) The Home of Heroes Expansion shall be completed no later than eighteen (18) months after the date of the fifteen hundredth (1500th) building permit is 17 2100918 03/29/2018 03:40:43 PM Page:. 22 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co w�:F��Jhpir FAL' 'i11,11, I:1 41.1jij1 •III issued to construct a residential dwelling unit upon the Property. If Petitioners, after good faith efforts as determined by the City, are unable to acquire from third-parties the necessary right-of-way for the construction of the Home of Heroes Expansion, the City will, to the extent legally permissible, exercise its power of eminent domain to acquire the right-of-way, provided, that Petitioners first deposit with the City an amount to be determined by the City Attorney for all compensation, damages, costs and expenses, including appraisal, expert witness and attorney fees associated therewith. c. Design and Construction of Vision Hills Parkway South of Property: If not already completed, Vision Hills Parkway shall be constructed by the City as a two-lane collector roadway section as shown on Exhibit C-2 from Jerry Murphy Road to the south boundary of the Property. 1) Vision Hills Parkway South of Property Assessments. In order to fund the costs for the construction of a portion of Vision Hills Parkway that is not adjacent to the property between Jerry Murphy Road and Walking Stick Boulevard ("Vision Hills Parkway Off-Site Construction"), Petitioners and any subsequent owner of all or any part of the Property shall, as a condition of the issuance of a building permit for the construction of any one or more dwelling units within the Property, pay a traffic impact fee of One Thousand Dollars ($1,000.00) for each dwelling unit to be constructed within the Property ("TIF"), up to a maximum of Seven Hundred Fifty Thousand Dollars ($750,000.00). Beginning with the 2018 calendar year, the TIF amount shall be adjusted annually based on the first quarter Construction Cost Index published by the Colorado Department of Transportation. The TIF shall be paid to the City at the time a building permit is issued for each dwelling unit and shall be deposited in an interest-bearing account identified as the " Vision Hills Parkway Off-Site Improvements Account." Monies on deposit in the Vision Hills Parkway Off-Site Improvements Account shall only be used for the Vision Hills Parkway Off-Site Construction. In the event that the costs of the Vision Hills Parkway Street Off-Site Construction are less than the amounts deposited in the Vision Hills Parkway Off-Site Improvements Account, the remaining balance shall be used for future public infrastructure improvements needed for the Property. Petitioners, for itself and its successors and assigns, including all subsequent owners of land within the Property, stipulate and agree that there is an essential nexus between the TIF and the City's legitimate interest in providing for the construction and development of Vision Hills Parkway south of the Property and that the TIF is roughly proportional both in nature and extent to the impact of the proposed development of the Property. d. Roadway Improvements Within Property: In addition to the foregoing road improvements, Petitioners shall construct all road improvements within the Property as described in the PUD Development Plan. 7. Withholding of Building Permits. If any of the above requirements are not timely met and complied with for any reason, the City may, in its absolute discretion (a) refuse to issue additional permits for construction within the Property and/or (b) cancel all then existing and outstanding building permits for which construction has not commenced. 18 2100918 03/29/2018 03:40:43 PM Meer- age23 of 25 R 133.00 DP 0.00 r 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co JWAII:M,l'irGiii1.4H1144ltih'divi, Ill II I 8. System Development Fees for Adjacent Properties: a. The Home of Heroes Expansion described in paragraph 6.b. above, will materially benefit real property located in the unincorporated area of Pueblo County, Colorado that abuts the Property, including, but not limited to, the two (2) abutting parcels consisting of approximately 640 acres, as set forth in attached Exhibit C-2 (hereinafter collectively referred to as "Adjacent Properties"). In the event that all or a portion of the Adjacent Properties are annexed to the City, City, to the extent legally permissible, will, by provisions inserted in annexation agreements for the Adjacent Properties, require the owners of Adjacent Properties to pay a system development fee (the "SDF") to the North Vista Metropolitan District (the "District") as reimbursement for a portion of the actual cost of construction including land acquisition and financing for the Home of Heroes Expansion reduced to the extent of any financial assistance provided by governmental funding including, but not limited to, grants and tax increment financing (collectively the "Net Construction Costs"). b. The SDF shall be based on the Net Construction Costs and the benefit of the Home of Heroes Expansion to the Adjacent Properties as determined by the District and approved by the City. c. As a condition precedent to the issuance of a building permit for construction upon any of the Adjacent Properties annexed to the City, the owner thereof shall pay to the District the SDF. d. All SDF's payable to the District shall be applied to the Net Construction Costs and upon payment in full of the Net Construction Costs, the balance of the SDF's paid to the District shall be retained by District and used solely for the repair, maintenance and replacement of the Home of Heroes Expansion or any part thereof. e. In lieu of the payment of the SDF, Adjacent Properties annexed to the City may with the consent and approval of the owners of the Adjacent Properties, the District and the City be included within the District. f. Prior to the imposition of the SDF, City and District shall enter into an agreement incorporating the foregoing in form and content approved by the City Attorney. 9. Additional Provisions with Regard to Recreational Vehicle Park ("RV Park"). Petitioners are requesting the City support the developer's request to amend the North Vista Master Plan, Planned Unit Development ("North Vista PUD") that is applicable to the Property that will, among other changes to the North Vista PUD, allow the development of a RV Park in areas PA-1 and PA-5 of the PUD Phasing Plan. The Annexation Agreement is amended to provide that any building permits issued for RV Park spaces will not apply to the building permit requirements for dwelling units set forth above, provided the Petitioners are in all respects in full compliance with this Agreement as amended. 19 2100918 03/29/2018 03:40:43 PM Pagge: 24 of 25 R 133.00 D 0.00 T 133.00 Gilbert Or • i iz Clerrgi R k/Recorder: LP... _ 1.oYu'tti Coi. 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