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09846
Reception 2240302 08/20/2021 03:08.01 PM ORDINANCE NO. 9846 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A parcel of land located in the West one-half of Section 5, Southeast one-quarter of Section 6, Northeast one-quarter of Section 7, and the Northwest one-quarter of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Beginning from the northwest corner of the intersection of Walking Stick Boulevard and El Principio Drive, said point also being the southwesterly corner of Parcel "J" according to the recorded plat of North Vista Highlands, Filing No. 1 filed for record on November 15, 2019 at Reception No. 2159276 in the office of the Pueblo County Clerk and Recorder; thence along the westerly line of the aforementioned Parcel "J", a bearing of N. 01°56'54" W., a distance of 687.55 feet; thence along the arc of a curve to the left whose radius is 950.00 feet, a distance of 304.98 feet; thence S. 67°49'57" W., a distance of 159.81 feet; thence along the arc of a curve to the left, whose radius is 900.00 feet, a distance of 376.25 feet; thence S. 43°52'47" W., a distance of 209.39 feet; thence N. 47°16'06"W., a distance of 216.88 feet; thence along the arc of a curve to the left whose radius is 250.00 feet, a distance of 192.32 feet; thence S. 88°39'15" W., a distance of 577.46 feet; thence along the arc of a curve to the left whose radius is 350.00 feet, a distance of 288.29 feet; thence S. 41° 27'38" W., a distance of 200.41 feet; thence S. 48°32'22" E., a distance of 664.97 feet; thence along the arc of a curve to the right whose radius is 720.00 feet, a distance of 579.53 feet; thence S. 02°25'18" E., a distance of 281.66 feet to a point on the northerly right- of-way line of Vision Hills Parkway according to the recorded plat of the aformementioned North Vista Highlands, Filing No. 1; thence S. 88°03'11" W. along said northerly right-of-way line, a distance of 80.00 feet to the southwest corner of Parcel "K" and the southeast corner of Parcel "L" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence N. 02°25'18" W., a distance of 281.00 feet; thence along the arc of a curve to the left whose radius is 640.00 feet, a distance of 515.14 feet; thence N. 48°32'22" W., a distance of 698.55 feet; thence along the arc of a curve to the right whose radius is 790.00 feet, a distance of 480.59 feet; thence S. 88° 52'33" W., a distance of 31.14 feet to the most northerly corner of Parcel "L" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence continuing along the westerly line of said Parcel "L" the following six (7) courses: 1) S. 01°07'27" E., a distance of 338.04 feet; 2) S. 88°52'33" W., a distance of 439.65 feet; 3) S. 01°07'27" E., a distance of 676.08 feet; 4) S. 88°52'33" W., a distance of 420.11 feet; 5) S. 01°07'27" E., a distance of 137.76 feet; 6) S. 88°52'33" W., a distance of 571.55 feet; 7) S. 01°07'27" E., a distance of 529.76 feet to the southwest corner of said Parcel "L"; 2240302 08/20/2021 03.08:01 PM Pagge: 2 of 3 Rr 33.00 0 0,00 T 33.00 Gilbert Ortiz GlerkiRecorder. Pueblo County. Co ®III lPIM 13161111111:11111116111111�.!���+��Olt 1111111 ��, tI 11I thence S. 89°30'31" W., a distance of 1303.89 feet to the Center Corner of Section 7; thence S. 89°32'10" W., a distance of 797.83 feet to a point on the easterly right-of-way line of Overton Road as presently located; thence N. 05°05'23" W. along the easterly right-of-way line of Overton Road, a distance of 1963.08 feet; thence along the arc of a curve to the left whose radius is 1995.79 feet, a distance of 118.17 feet to a point on the south line of Lot 1, Block 1 of the recorded plat of Fountain Lake Substation as filed for record at Reception No. 2067565; thence N. 88°28'31" E. along said south line, a distance of 883.24 feet to the southeast corner of the aforementioned Lot 1, Block 1; thence N. 01°31'29" W. along the east line of Lot 1, Block 1, a distance of 512.92 feet to the northeast corner of said Lot 1, Block 1; thence N. 89°56'51" E., a distance of 189.38 feet to the north center corner of said Section 7, said point also being the south center corner of Section 6; thence N. 02°11'50" E. along the center section line of said Section 6, a distance of 1326.86 feet to the Southwest Corner of the Northwest one-quarter of the Southeast one-quarter of Section 6; thence N. 89°01'14" E., a distance of 1321.07 feet to the Southeast Corner of the Northwest one-quarter of the Southeast one-quarter of Section 6; thence N. 89°22'51" E., a distance of 2642.58 feet to the Southeast Corner of the Northwest one-quarter of the Southwest one-quarter of Section 5, a distance of 2642.58 feet to the Southeast Corner of the Northwest one-quarter of the Southwest one-quarter of Section 5; thence N. 01°51'55" E. along the east line of said Northwest one-quarter of the Southwest one-quarter of Section 5, a distance of 1319.68 feet to the Northeast Corner of said Northwest one-quarter of the Southwest one-quarter of Section 5; thence S. 89°38'25" W., a distance of 1321.31 feet to the West Center Corner of Section 5; thence N. 01°55'33" E., a distance of 2652.25 feet to the Northwest Corner of Section 5; thence N. 89°37'39" E. along the North line of said Section 5, a distance of 2639.15 feet to the Northeast Corner of the Northwest one- quarter of Section 5; thence S. 01°51'01" W., a distance of 5167.83 feet; thence N. 86°41'10" E., a distance of 42.50 feet; thence along the arc of a curve to the right whose radius is 1235.00 feet, a distance of 376.01 feet; thence S. 75°52'10" E., a distance of 229.25 feet; thence along the arc of a curve to the left whose radius is 1235.00 feet, a distance of 307.99 feet to a point on the south line of the Southeast one-quarter of said Section 5; thence N. 89°50'30" E. along said south line of the Southeast one-quarter of said Section 5, a distance of 1696.92 feet to the Southeast corner of the Southeast one-quarter of Section 5; thence S. 01°25'35" W., a distance of 1136.48 feet to the Northeast corner of Parcel "I" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence along the north line of said Parcel "I"the following four (4) courses: 1) N. 64°11'31" W., a distance of 239.77 feet; 2) S. 44°03'42" W., a distance of 196.76 feet; 3) N. 78°19'02" W., a distance of 137.36 feet; 4) N. 67°11'28" W., a distance of 313.09 feet to the Northwest corner of Parcel 7.. said point also being on the northerly line of Parcel "J" of according to the aforementioned plat of North Vista Highlands, Filing No. 1. thence along said northerly line of said Parcel "J" the following eleven (11) courses: 1) along the arc of a curve to the left whose radius is 565.00 feet and whose center bears S. 69°51'45" W., a distance of 535.12 feet; 2) thence N. 21°48'49" W., a distance of 156.29 feet; 2240302 08/20/2021 03:08:01 PM Page: 30 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co ■II! KAY.II 141011"L4A011,Vr l!liWA: 1111111 3) thence N. 80°14'09" W., a distance of 353.32 feet; 4) thence N. 47°19'33" W., a distance of 60.18 feet; 5) thence S. 48°45'34" W., a distance of 140.33 feet; 6) thence N. 44°42'07" W., a distance of 192.63 feet; 7) thence S. 41°04'03" W., a distance of 183.83 feet; 8) thence N. 38°18'22" W., a distance of 31.59 feet; 9) thence N. 06°20'38" W., a distance of 189.00 feet; 10) thence N. 46°47'43" W., a distance of 143.71 feet; 11) thence S. 88°52'33" W., a distance of 828.87 feet to the most Northwesterly Corner of said Parcel "J" thence S. 01°07'27" E. along the westerly line of Parcel "J", a distance of 338.04 feet; thence S. 88°52'33" W., a distance of 83.91 feet; thence S. 26°24'18" E., a distance of 135.34 feet; thence along the arc of a curve to the right whose radius is 1,054.00 feet, a distance of 449.90 feet; thence S. 01°56'54" E., a distance of 688.32 feet to the northerly right-of-way line of the aforementioned El Principio Drive; thence S. 88°28'45" W. along said northerly right-of-way line, a distance of 104.00 feet to the Point of Beginning. Excepting therefrom that portion of Block 86 of Fountain Lake Subdivision as shown on Sheet 2 of this subdivision plat (4.443 acres). Containing 640.599 acres, more or less. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. 2240302 08/20/2021 03:08:01. PM Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11 111 SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2240302 08/20/2021 03:08:01 PM Page: 5 of 5 R 33.00 D 0,00 T 33.00 Gilbert Ortiz C1erk/Pecorder. Pueblo County, Co VIII!POI Pl i/little NII1.t' 1N':rhi'110.1,ii, 1III1 SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 14, 2020. Final adoption of Ordinance by City Council on December/'8 2420 Pres dent •f City Council Action by the Mayor: Approved on /,2-.7.p-Aoa o ❑ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. nt of City Council ATTEST 4 ' t ' Yt� City Clerk ter(?i/,1:/.,., a City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 2 SUMMARY: The applicant is requesting to subdivide the 640.599-acre property to create two lots and six parcels reserved for future development and public utilities. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The North Vista Master Plan Planned Unit Development (PUD) requires a Land Use Plan to be approved by the Planning and Zoning Commission prior to subdividing property within the PUD (Section 2, 2.2.3 North Vista Planned Unit Development). A Land Use Plan for the subject site was reviewed and approved by the Planning and Zoning Commission on March 13, 2019. The land use plan established multi-family development, not to exceed 32.15 acres, located south of Home of Heroes Parkway and between Walking Stick Boulevard and Cedarweed Boulevard. The proposed subdivision creates two large lots for multi-family with a combined total of 30.354 acres meeting the requirements of the approved Land Use Plan. The North Vista Highlands, Filing No. 2 Subdivision also includes six parcels dedicated for future development, utility extensions and right-of-way. Future development parcels include, Parcel A located north of Home of Heroes Parkway is 392.908 acres. Parcel B, 152.564 acres, is located south of the future extension of Home of Heroes Parkway and west of Cedarweed Boulevard. Parcel C is 46.833 acres and is located south of the future extension of Home of Heroes Parkway and east of Walking Stick Boulevard and north of Parcel J, that was subdivided in the North Vista Highlands, Filing No. 1. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 14, 2020 Regular Meeting, voted 6-0 (Commissioners Schilling absent) to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided which will impede development of the site. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance North Vista Highlands, Filing No. 2 Subdivision Plat Minutes of the Planning and Zoning Commission October 14, 2020 Public Hearing Memorandum from the Department of Public Works Dated November 20, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits Reception 2240304 08/20/2021 03:08.01 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on ULy I i , 2Ct) , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Pueblo Heights, LLC a Colorado Limited Liability Company ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit"A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of North Vista Highlands, Filing No. 2 ("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council (`Required Public Improvements"); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B"and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ("Plans and Documents"). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (I 80) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 August 2019 2240304 08/20/2021 03:08'01 PM Page: 2 of 19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz Clerk/Rero,der. Pueblo County, Co 1111 kl�� IPll�dr ,'� r'�h 1irht �1�11 WWI Ill II collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25%of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half(1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid-block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 101 2 August 2019 2240304 08/20/2021 03:08:01 PM Page: 3 of 19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 111114.i��1'r�ll'Ir,�' � I�F?�It Iti4�Pw �F�JI, �� i�ti��� 11111 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights-of-way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (I) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the DPW 101 3 August 2019 2240304 08/20/2021 03:08:01 PM Page: 4 of 19 R 103.00 D 0.00 1, 103.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co 1 111 rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities"), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation)to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s)within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit"B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit`B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public DPW 101 4 August 2019 2240304 08/20/2021 03:08:01 PM Page: 5 of '19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz Ceric/Recorder. Pueblo County, Co ■III�!��i ��l�'�� �«�+"r I�!I IP �dh ''i IG�'�IT., (lily), UI II I Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re-alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4- 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit"B", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit"B" by the Director of Public Works. 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. DPW 101 5 August 2019 2240304 08/20/2021 03:08:01 PM Page: 6 of 19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz Clerk/Recorder. Pueblo Couny, Co Ell Ric/ki 1 'IlN 16,lA101411,L11khWlsti, 11111 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Pueblo Heights, LLC, a Colorado Limited Liability Company, by Jevin Investments, Inc. as Manager DANIEL J.APUe" NOTARY PUBLICBLIC Subdivider tC2 STATE OF COLORADO B (SEAL) NOTARY ID 20174035108 y Davi Resnick, President of Jevil Investr it COMMISSION EXPIRES AUG..25,2021 By: The foregoing instrument was acknowledged before me on JZ,4"N d...y o t v L./ ze,2.1 , by David Resnick, President of Jevin Investments as Manager of Pueblo Heights, LLC , Subdivider. a Colorado Limited Liability Compan My commission expires:quG, 251 2.021 /2(1.L71:ary Public CITY OF PUEBLO, a Municipal Corporation . 7.14 of Pueblo,Co •rado ATTEST: City Cl% n,trs STATE OF COLORADO ) i . , COUNTY OF PUEBLO ) The fo going instrument was acknowledged before pe this 16' day of A R I by 1\-At (Nd ('--c, a cL A o-i- , as Mayor of eblo, Colorado, and ,r-ince e_r- as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: /0/ l Eilene Tracey Semple NOTARY PUBUC GG " [ SE • LI Notary P s is STATE OF COLORADO NOTARY IDS 20074038010 APPR V EIA'OCS v:1 ....10:1012023 DPW 101 6 August 2019 2240304 08/20/2021 03:08:01 PM Pae' 7 of 19 R 103.00 0 0.00 T 103.00 Gilbert Ortia Clerk/Recorder, Pueblo County, Co 1111 1 4t 1 1 ' 'her!' f l rh 'ti f hM C L'JLIC, 11 II I City Attorney tow ioi August 2019 2240304 08/20/2021 03:08:01 PM Page: 8 of 19 P 103.00 D 0.00 T 103.00 Gilbert Ortiz C1erklReoorder, Pueblo County, Co lIII 1raPitILA'a NCA lL' AVIA MtlM,0014 II liI EXHIBIT A NORTH VISTA HIGHLANDS, FILING NO. 2 LAND DESCRIPTION A parcel of land located in the West one-half of Section 5, Southeast one-quarter of Section 6, Northeast one-quarter of Section 7, and the Northwest one-quarter of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Beginning from the northwest corner of the intersection of Walking Stick Boulevard and El Principio Drive, said point also being the southwesterly corner of Parcel "J" according to the recorded plat of North Vista Highlands, Filing No. 1 filed for record on November 15, 2019 at Reception No. 2159276 in the office of the Pueblo County Clerk and Recorder; thence along the westerly line of the aforementioned Parcel "J", a bearing of N. 01°56'54" W., a distance of 687.55 feet; thence along the arc of a curve to the left whose radius is 950.00 feet, a distance of 304.98 feet; thence S. 67°49'57" W., a distance of 159.81 feet; thence along the arc of a curve to the left, whose radius is 900.00 feet, a distance of 376.25 feet; thence S. 43°52'47" W., a distance of 209.39 feet; thence N. 47°16'06" W., a distance of 216.88 feet; thence along the arc of a curve to the left whose radius is 250.00 feet, a distance of 192.32 feet; thence S. 88°39'15" W., a distance of 577.46 feet; thence along the arc of a curve to the left whose radius is 350.00 feet, a distance of 288.29 feet; thence S. 41° 27'38" W., a distance of 200.41 feet; thence S. 48°32'22" E., a distance of 664.97 feet; thence along the arc of a curve to the right whose radius is 720.00 feet, a distance of 579.53 feet; thence S. 02°25'18" E., a distance of 281.66 feet to a point on the northerly right-of-way line of Vision Hills Parkway according to the recorded plat of the aformementioned North Vista Highlands, Filing No. 1; thence S. 88°03'11" W. along said northerly right-of-way line, a distance of 80.00 feet to the southwest corner of Parcel "K" and the southeast corner of Parcel "L" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence N. 02°25'18" W., a distance of 281.00 feet; thence along the arc of a curve to the left whose radius is 640.00 feet, a distance of 515.14 feet; thence N. 48°32'22" W., a distance of 698.55 feet; thence along the arc of a curve to the right whose radius is 790.00 feet, a distance of 480.59 feet; thence S. 88° 52'33" W., a distance of 31.14 feet to the most northerly corner of Parcel "L" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence continuing along the westerly line of said Parcel "L" the following six (7) courses: 1) S. 01°07'27" E., a distance of 338.04 feet; 2) S. 88°52'33" W., a distance of 439.65 feet; 3) S. 01°07'27" E., a distance of 676.08 feet; 4) S. 88°52'33" W., a distance of 420.11 feet; 5) S. 01°07'27" E., a distance of 137.76 feet; 6) S. 88°52'33" W., a distance of 571.55 feet; 7) S. 01°07'27" E., a distance of 529.76 feet to the southwest corner of said Parcel Page Iof3 2240304 08/20/2021 03.08:01 PM Pa9ert90of2191erR;103 00rDP0a010 0103 000 11111 NrO`hfiNNTitriii'hl I110531:14P. III III thence S. 89°30'31" W., a distance of 1303.89 feet to the Center Corner of Section 7; thence S. 89°32'10" W., a distance of 797.83 feet to a point on the easterly right-of-way line of Overton Road as presently located; thence N. 05°05'23" W. along the easterly right-of-way line of Overton Road, a distance of 1963.08 feet; thence along the arc of a curve to the left whose radius is 1995.79 feet, a distance of 118.17 feet to a point on the south line of Lot 1, Block 1 of the recorded plat of Fountain Lake Substation as filed for record at Reception No. 2067565; thence N. 88°28'31" E. along said south line, a distance of 883.24 feet to the southeast corner of the aforementioned Lot 1, Block 1; thence N. 01°31'29" W. along the east line of Lot 1, Block 1, a distance of 512.92 feet to the northeast corner of said Lot 1, Block 1; thence N. 89°56'51" E., a distance of 189.38 feet to the north center corner of said Section 7, said point also being the south center corner of Section 6; thence N. 02°11'50" E. along the center section line of said Section 6, a distance of 1326.86 feet to the Southwest Corner of the Northwest one-quarter of the Southeast one-quarter of Section 6; thence N. 89°01'14" E., a distance of 1321.07 feet to the Southeast Corner of the Northwest one-quarter of the Southeast one-quarter of Section 6; thence N. 89°22'51" E., a distance of 2642.58 feet to the Southeast Corner of the Northwest one-quarter of the Southwest one-quarter of Section 5, a distance of 2642.58 feet to the Southeast Corner of the Northwest one-quarter of the Southwest one-quarter of Section 5; thence N. 01°51'55" E. along the east line of said Northwest one-quarter of the Southwest one-quarter of Section 5, a distance of 1319.68 feet to the Northeast Corner of said Northwest one-quarter of the Southwest one-quarter of Section 5; thence S. 89°38'25" W., a distance of 1321.31 feet to the West Center Corner of Section 5; thence N. 01°55'33" E., a distance of 2652.25 feet to the Northwest Corner of Section 5; thence N. 89°37'39" E. along the North line of said Section 5, a distance of 2639.15 feet to the Northeast Corner of the Northwest one-quarter of Section 5; thence S. 01°51'01" W., a distance of 5167.83 feet; thence N. 86°41'10" E., a distance of 42.50 feet; thence along the arc of a curve to the right whose radius is 1235.00 feet, a distance of 376.01 feet; thence S. 75°52'10" E., a distance of 229.25 feet; thence along the arc of a curve to the left whose radius is 1235.00 feet, a distance of 307.99 feet to a point on the south line of the Southeast one-quarter of said Section 5; thence N. 89°50'30" E. along said south line of the Southeast one-quarter of said Section 5, a distance of 1696.92 feet to the Southeast corner of the Southeast one- quarter of Section 5; thence S. 01°25'35" W., a distance of 1136.48 feet to the Northeast corner of Parcel "I" of the aforementioned recorded plat of North Vista Highlands, Filing No. 1; thence along the north line of said Parcel "I" the following four (4) courses: 1) N. 64°11'31" W., a distance of 239.77 feet; 2) S. 44°03'42" W., a distance of 196.76 feet; 3) N. 78°19'02" W., a distance of 137.36 feet; 4) N. 67°11'28" W., a distance of 313.09 feet to the Northwest corner of Parcel "I"; said point also being on the northerly line of Parcel "J" of according to the aforemetioned plat of North Vista Highlands, Filing No. 1. thence along said northerly line of said Parcel "J" the following eleven (11) courses: Page 2 of 3 2240304 08/20/2021 03:08:01 PM Page: 10 of 19 R 103.00 C1 0.00 T 103.00 Gilbert Orti2 Clerk/Recorder, Pueblo County; Co VIII M►rjl11IlVINfirmrl.rial I ha /1 II H I 1) along the arc of a curve to the left whose radius is 565.00 feet and whose center bears S. 69°51'45" W., a distance of 535.12 feet; 2) thence N. 21°48'49" W., a distance of 156.29 feet; 3) thence N. 80°14'09" W., a distance of 353.32 feet; 4) thence N. 47°19'33" W., a distance of 60.18 feet; 5) thence S. 48°45'34" W., a distance of 140.33 feet; 6) thence N. 44°42'07" W., a distance of 192.63 feet; 7) thence S. 41°04'03" W., a distance of 183.83 feet; 8) thence N. 38°18'22" W., a distance of 31.59 feet; 9) thence N. 06°20'38" W., a distance of 189.00 feet; 10) thence N. 46°47'43" W., a distance of 143.71 feet; 11) thence S. 88°52'33" W., a distance of 828.87 feet to the most Northwesterly Corner of said Parcel "J" thence S. 01°07'27" E. along the westerly line of Parcel "J", a distance of 338.04 feet; thence S. 88°52'33" W., a distance of 83.91 feet; thence S. 26°24'18" E., a distance of 135.34 feet; thence along the arc of a curve to the right whose radius is 1,054.00 feet, a distance of 449.90 feet; thence S. 01°56'54" E., a distance of 688.32 feet to the northerly right-of-way line of the aformentioned El Principio Drive; thence S. 88°28'45" W. along said northerly right-of-way line, a distance of 104.00 feet to the Point of Beginning. Excepting therefrom that portion of Block 86 of Fountain Lake Subdivision as shown on Sheet 2 of this subdivision plat (4.443 acres). Containing 640.599 acres, more or less. Page 3 of 3 2240304 08/20/2021 03:08:01 PM Pa e: 1] of ]9 R 103.00 0 0.00 T 103.00 Gilbert Ortiz. Clerk/Reoorder. Pueblo County; Co �illk��1l Paw i���LY'ilaii!L1,11211,01,11;4,4, III III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 ]N 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 Walking Stick Blvd. from El Principio to Home of Heroes (HALF ROADWAY-WEST HALF) STREETS 5.5" Asphalt over 11" Base Course 6060 SY @ $29.75/SY = $180,285 Curb and Gutter 4040 LF @ $12.00/LF = $48,480 ADA Ramp 300 SF @ $5.00/SF $1,500 Tactile bands 5 EA @ $350.00/EA $1,750 Sidewalk 0 SF @ $5.00 /SF = $0 WATER 16" PVC Water Main 1600 LF @ $47.50/LF = $76,000 Fire Hydrant Ass'y 2 EA @ $3,250.00/EA = $6,500 Blow Off Assembly 1 EA $2,800.00/EA $2,800 STORM SEWER: 24" HP 230 LF @ $44.00/LF = $10,120 48" HP 420 LF @ $200.00/LF = $84,000 Type 16 inlet 3 EA @ $2,740.00/EA = $8,220 Rip-Rap (VL) 1 CY @ $55.00/CY = $55 Rip-Rap(H) 320 CY @ $55.00/CY = $17,600 Concrete Headwall 164 LF @ $100.00/LF = $16,400 SANITARY SEWER: 8" PVC Sanitary Sewer 624 LF @ $35.00/L.F = $21,840 48" Diameter Manholes 2 EA @ $2,500.00/EA = $5,000 STREET LIGHTS 2 EA @ $1,450.00/EA = $2,900 MONUMENTS City Right-of-Way Monuments 4 EA @ $655.00/EA = $2,620 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $435.00/EA = $435 Barricades 4 EA @ $2,500.00/EA = $10,000 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 2000 L.F. @ $2.00 /L.F = $4,000 SUBTOTAL X500,505 2240304 08/20/2021 03:08:01 PM Page: 12 of 19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz ClerkfReoorder, Pueblo County, Co 1111 kir rIL'�� aidir1R r+i�1�1 oLi�'��t�'�P�ill+��rksh, •I ill SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 Home of Heroes Parkway from Cedarweed to Walking Stick Blvd. (HALF ROADYWAY-SOUTH HALF) STREETS 5"Asphalt over 16" Base Course 7000 SY @ $36.00/SY = $252,000 Curb and Gutter 4200 LF @ $12.00/LF = $50,400 ADA Ramp 360 SF @ $5.00 /SF $1,800 Tactile bands 6 EA @ $350.00/EA $2,100 Sidewalk 0 SF @ $5.00 /SF = $0 WATER 24" PVC Water Main 2100 LF @ $47.50/LF = $99,750 Fire Hydrant Ass'y 3 EA © $3,250.00/EA = $9,750 Blow Off Assembly 2 EA $2,800.00/EA $5,600 STORM SEWER: 24" HP 630 LF @ $44.00/LF = $27,720 60" Manhole 1 EA © $6,000.00/EA = $6,000 Type 16 inlet 6 EA @ $2,740.00/EA = $16,440 Rip-Rap(VL) 3 CY @ $55.00/CY = $165 SANITARY SEWER: 8" PVC Sanitary Sewer 0 LF @ $48.50/L.F = $0 48" Diameter Manholes 0 EA © $5,500.00/EA = $0 STREET LIGHTS 4 EA © $3,000.00/EA = $12,000 MONUMENTS City Right-of-Way Monuments 5 EA @ $1,300.00/EA = $6,500 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 3 EA © $650.00/EA = $1,950 Barricades 7 EA @ $2,500.00/EA = $17,500 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 2100 L.F. @ $2.00 /L.F = $4,200 SUBTOTAL 513875 2240304 08/20/2021 03:08:01 PM Page: 13 of I9 R 103.00 D 0.00 T 103.00 Gilbert Ortiz C1erk/Recorder; Pueblo County. Co ■III 1 rjll'ta MI:11x111 �e N'1L' h I�h �VAY 1141 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 ]N 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 Sanitary Sewer Outfall in Cedarweed SANITARY SEWER: 8" PVC Sanitary Sewer 2200 LF @ $35.00/L.F= $77,000 48" Diameter Manholes 10 EA @ $2,500.00/EA = $25,000 SUBTOTAL $102,000 2240304 08/20/2021 03 fl8:fl1 PM Page: 1(.14r 4 of 19 R 103.00 D 0.00 T 103.00 Gilbert (.raiz Clerk'Reccrner, Pueblo County, Cc �1 laChiii 14511 Mid'A la II II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 El Principio from Home of Heroes to Parcel E: (Whole street) STREETS 4" Asphalt over 9" Base Course 2000 SY @ $23.00/SY = $46,000 Curb and Gutter 1200 LF @ $12.00/LF = $14,400 ADA Ramp 360 SF @ $5.00 /SF $1,800 Tactile bands 6 EA @ $350.00/EA $2,100 WATER 8" PVC Water Main 720 LF @ $47.50/LF = $34,200 Service 1 EA © $1,200.00/EA = $1,200 Fire Hydrant Ass'y 1 EA @ $3,250.00/EA = $3,250 STORM SEWER: 24" HP 128 LF @ $44.00/LF = $5,632 F.E.S. 1 LF @ $1,000.00/LF = $1,000 Rip-Rap (VL) 1.5 CY © $55.00/CY = $83 Outlet Structure 1 EA © $3,500.00/EA = $3,500 Detention pond grading 16000 CY © $3.00/CY = $48,000 Planting and Vegetation 1 AC © $13,150.00/AC = $13,150 Rip-Rap (Spillway) 30 CY @ $55.00/CY = $1,650 SANITARY SEWER: 8" PVC Sanitary Sewer 180 LF @ $35.00/L.F = $6,300 48" Diameter Manholes 2 EA @ $2,500.00/EA = $5,000 STREET LIGHTS 2 EA @ $3,000.00/EA = $6,000 MONUMENTS City Right-of-Way Monuments 2 EA © $1,300.00/EA = $2,600 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 2 EA © $650.00/EA = $1,300 SUBTOTAL $197,165 F40304 08/20/2021 03:08;01 PM Pagge; 15 of 19 R 103.00 Giltaert Ortiz Clerk'Recorder, 0.o0 T 103.00 dill E1�.r1����'�'�ii�'h��1r�Wi�l�� l �Ei+ I+I�� N���ui�r,�r tin SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 Parcel D from Walking Stick Boulevard to end of property: (UTILITIES) STREETS 4" Asphalt over 9" Base Course 0 SY @ $23.00/SY = $0 Curb and Gutter 0 LF @ $12.00/LF = $0 ADA Ramp 120 SF © $5.00 /SF $600 Tactile bands 4 EA @ $350.00/EA $1,400 WATER 8" PVC Water Main 860 LF @ $47.50/LF = $40,850 Service 1 EA @ $1,200.00/EA = $1,200 Fire Hydrant Ass'y 1 EA @ $3,250.00/EA = $3,250 Blow Off Assembly 2 EA $2,800.00/EA $5,600 SANITARY SEWER: 8" PVC Sanitary Sewer 0 LF @ $35.00/L.F = $0 48" Diameter Manholes 0 EA © $2,500.00/EA = $0 STREET LIGHTS 0 EA @ $3,000.00/EA = $0 MONUMENTS City Right-of-Way Monuments 0 EA @ $1,300.00/EA = $0 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $650.00/EA = $650 SUBTOTAL $53,550 2240304 ;11S/211210V481304.2 8/20/2021 03:08:01 P1 Page. 16 of 19 R 103.00 D 0.00 T 103.00 Gilbert Ortiz Clerk/Recorder, nueblc County, Co 1111 l .r!';'fLR� 'lti�lrlll~ �I'+iti� k?�� k '� ' +�K�«K! III III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 Parcel E from Cedarweed to El Principio: (UTILITIES) SANITARY SEWER: 8" PVC Sanitary Sewer 930 LF @ $35.00/L.F = $32,550 48" Diameter Manholes 5 EA @ $2,500.00/EA = $12,500 SUBTOTAL $45,050 2240304 08/20/2021 03:08:01 PM Page: 17 of 19 R 103,00 0 0.00 T 103.00 Gifbert Ortiz Clerk/Recorder. Pueblo County, Co IIIII!VAT kiii$,,14,11Wil 1111111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 3 Parcel E from Cedarweed to El Principio: (UTILITIES) STREETS 4" Asphalt over 9" Base Course 0 SY @ $23.00/SY = $0 Curb and Gutter 0 LF @ $12.00/LF = $0 ADA Ramp 120 SF @ $5.00/SF $600 Tactile bands 2 EA @ $350.00/EA $700 WATER 8" PVC Water Main 930 LF @ $47.50/LF = $44,175 Service 2 EA @ $1,200.00/EA = $2,400 Fire Hydrant Ass'y 1 EA @ $3,250.00/EA = $3,250 Blow Off Assembly 5 EA $2,800.00/EA $14,000 STREET LIGHTS 0 EA @ $3,000.00/EA = $0 MONUMENTS City Right-of-Way Monuments 0 EA @ $1,300.00/EA = $0 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $650.00/EA = $650 SUBTOTAL $65,775 2240304 08/20/2021 03.08:01 PM Page: 18 of 19 R 103.00 D 0 00 T 103.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co 1111 RiF11L'TI IVIANIAta��.��4 ��°����k��"kt�� ;��ii i, 1i II1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 3 Cedarweed from Parcel E to Home of Heroes: (Full) STREETS 4" Asphalt over 9" Base Course 4400 SY @ $23.00/SY = $101,200 Curb and Gutter 1800 LF @ $12.00/LF = $21,600 ADA Ramp 240 SF @ $5.00/SF $1,200 Tactile bands 4 EA @ $350.00/EA $1,400 WATER 16" PVC Water Main 1100 LF @ $47.50/LF = $52,250 Service 0 EA @ $1,200.00/EA = $0 Fire Hydrant Ass'y 2 EA @ $4,000.00/EA = $8,000 Blow Off Assembly 2 EA $2,800.00/EA $5,600 STORM SEWER: 24" HP 80 LF @ $44.00/LF = $3,520 Type 16 inlet 3 EA @ $2,740.00/EA = $8,220 F.E.S. 1 LF @ $1,000.00/LF = $1,000 Rip-Rap (VL) 1.5 CY @ $55.00/CY = $83 Outlet Structure 1 EA @ $3,500.00/EA = $3,500 Detention pond grading 16000 CY @ $3.00/CY = $48,000 Planting and Vegetation 1 AC @ $13,150.00/AC = $13,150 Rip-Rap(Spillway) 30 CY @ $55.00/CY = $1,650 STREET LIGHTS 2 EA @ $3,000.00/EA = $6,000 MONUMENTS City Right-of-Way Monuments 3 EA @ $1,300.00/EA = $3,900 TRAFFIC CONTROL AND SIGNAGE Intersection (80' R-O-W) 1 EA @ $650.00/EA = $650 SUBTOTAL $280,923 2240304 08/20/2021 03:08:01 PM Page: 19 of 19 R 103.00 0 0.00 T 103.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111Oil fk 1 ����'���ti ����l ��l'�' ,e), 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 2 JN 1700906 DEVELOPER: PUEBLO HEIGHTS, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Total Phase 1 $1,116,380 Total Phase 2 $295,765 Total Phase 3 $346,698 TOTAL PROJECT: $1,758,842 This is an estimate only. Actual construction costs may vary. PREPARED BY: M. CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided b the City of Pueblo. NoleQPoU LICey‘ c?br���ELANi•,Sto toI Sc„,,, 0G, {PE SEAL] Prof:'si. . ngineer Date �3 40201 � 13 4,E s I1O�iss/ONA1. = REVIEWED BY: ` -g/l/hot( City of Pueblo Reception 2240305 08/20/2021 03:08.01 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Suzy ►i, zdza Subdivision Improvements Agreement for North Vista Highlands, Filing No. 2 (herein the "Subdivision") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit"A". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ("Director") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ("Interested Parties"), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of "ay 12, 2oz.I Pueblo Heights, LLC, a Colorado Limited Liability Company, by Jevin Investments, Inc. as Manager Subdivider DPW I03 1/6/04 2240305 08/20/2021 03:08:01 PM Page: 2 of 3 R 23.05 D 0.00 T 23.00 Gilbert Ortiz Clerk,Recorder, Pueblo County, Co VIII EdRAWi'Id1?1'r': 0dS'fi 1ililiiE'ikh'ilitiii 111 II I ( '— By \ �-- 6„Q 1 David Resnick, President of Jevin Investments By STATE OF COLORADO ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me this )2441 day of JULY zoii . by David Resnick,President of Jevin Investments as Manager , Subdivider. of Pueblo Heights, LLC.. a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: clo‘usir 25, ZoZ I . DANIEL J.ACKERMAN NOTARY PUBLIC [ S E A L TATE OF COLORADO Notary P is NOTARY ID 20174035108 COMMISSION EXPIRES AUG.25,2021 CITY OF PUEBLO, a Municipal Corporatio B MI‘YcR DPW 103 1/6/04 2240305 08/20/2021 03:08:01 PCI Page: 3 of 3 R 23.00 D 0,00 1 23.00 Gilbert Ortiz Clerk/Reccrder. Pueblo County Co OM,IrdPI "kir'i«rl 'LIW A I/1I1,+t VC, 11i II I ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: The west one-half of Walking Stick Boulevard from El Principio to Home of Heroes Parkway,the south one-half of Home of Heroes from Cedarweed Boulevard to Walking Stick Boulevard, and the Sanitary Sewer outfall in Cedarweed. (b) Phase II shall consist of the following lots within the Subdivision: Lot 1, Block 2, El Principio Drive, and utilities in the north one-half of Parcel D (c) Phase III shall consist of the following lots within the Subdivision: Lot 1, Block 1, Cedarweed Boulevard,and utilities in the north one-half of Parcel E DPW 103 1/6/04