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HomeMy WebLinkAbout06177SUBSTITUTED COPY Reception 1175638 07/02/1997 ORDINANCE NO. 6177 AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST SUBDIVISION BE IT ORDAINED BY THE CI T Y COUNCIL OF PUEBLO, COLr)RADO, THAT: SECTION 1 . The final plat of Regency Crest Subdivision, being a subdivision of lard legally described as follows: A parcel of land ! ocated in the City of Pueblo, County of Pueblo, State of Colorado, to -wit: A parcel of land located in the S1 /2 of the NE1 /4 and t �e N1/2 of the SE114' of Section 4, T- 21 South, Range 65 West of the 6th Principal Meridian, more particularly described as follows; BEGINNING at the northwest corner of W estwood Villa accord to the recordevd .plat the filed for r ecord June E, 1961; TI °pence - 8" (SO'2='52'39 "W plat; (ail bearings used herein are based on the assumption that the south line of Red Creek Springs Road, mon± mented as shown hereon, bears N88 0 37'21 "W) along the west line of said Westwood Village, a distance of 1618.26 (1620.38 .plat) feet to a point on the north line of that parcel of land described in that doc ument recorded id � Book 39 at Page 398 in the records of the Pueblo County Clerk and Recorder; Tr�ence N88 °37'21 "W along said north ine, a distance of 1075.83 feet; Thence NO3 °1 8'38 "E a distance of 1641.38 feet to a point in the south line of St. Clair A venu e (Pi,ane Vie Street plat Thence S87 °23'29 "E, along said south line, a distance of 107 5.30 feet to the POINT OF BEGINNING. Said parcel contains 40.23 ac es. is hereby approved; all dedicated street, utility and drainage easements, rights - oaf -way z. lard set aside for public sites, parks and open spaces shown and dedicated cn 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 accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. "E CTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED Februarx 10 , 1997 ,L r. Q. ,. u .," ATttS BY Samuel Corsentino Councilperson APPROVED ` President f Cit Council City Cle SUBDIVISION IMPROVEMENTS AGREEMENT Reception 1175640 07/02/1997 THIS AGREEMENT made and entered Into this - day of 199? , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and DOti1= 1 61 LLC hereinafler referred to as "Subdivider". WITNESSETH: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described as set forth In Exhibit "A ", which Is attached hereto and incorporated herein; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Regency Crest Subdivision, wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WIIEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and Install certain public improvements as set forth In Exhibit "B ", which is attached hereto and incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to provide security or collateral sufficient In the judgment of the City Council to make reasonable provisions for the construction and completion of the required public improvements set forth in Exhibit "B" NOW, THEREFORE, in consideration of the following mutual covenants and ag�eemenls, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days alter application 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 is sooner, to construct and install at his sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached Hereto and incorporated herein. 2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company licensed in the Slate of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Public Works by eslirnaling the total costs of all uncompleted improvements required by this section within the block at the time application for building permit Is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate plus the costs of extending all required sewer and water lines from the 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 nearer to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000') 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 improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, Subdivider shall undertake to provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade said streets so that no through traffic shall be permitted beyond the point to which the estimate of the 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 is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the Director of Public Works for all required improvements from existing Improvements to the proposed building site. less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. -1- . ' 5. The City may treat the amount of such deposit as a debt due the City from 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 herein are cumulative and the use of one shall not prohibit the use of another. 6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building site from the terms of this Agreement. w o 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of `.° ff the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued c by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued `" N by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of N •• occupancy are sought and which are covered by a particular certificate of compliance, have been properly designed, engineered, constructed, and accepted as meeting the specifications and standards of the City. v These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend ° to and be binding upon the heirs, executors, legal representatives, successors and assigns of Subdivider and o may be specifically enforced by the City. - 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, park, and other public improvements for maintenance by the City. Until such roads and other park and public Improvements have been Installed and meet the requirements, standards, and specifications of the City, its n 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, park and other public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within this Subdivision. 9. Tile required time for completion of all such improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of such improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Subdivider relating to such improvements within such block to be released. If said 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 complete the same. If sufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of the improvements the Director of Public Works shall determine. Until all improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible therefor. 10. For purposes of this Agreement, the word "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front to the 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. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that lee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of any and all encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 12. It is mutually agreed that the City or any 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 thereto. 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. 13. The parties hereto mutually agree that this Agreement may be amended from time to time by mutual consent provided that such amendment be in writing and be signed by all parties hereto. 14. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, administrators, executors, successors, assigns, and legal representatives of Subdivider, and shall be placed on record 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 hereinabove set forth. -2- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duty authorized and acting officers and the seal of the Subdivider set hereon. (SEAL) STATE OF COLORADO) Ss. COUNTY OF PUEBLO ) D011EGA HOMES, LLC Subdivider By 7 C.T. Proctor Managing Member The foregoing Instrument was acknowledged before me this day of d LA n cz�. 199x, by - � (� rc a - tD r , Subdivider. My commission expires: i ( - y 9 G (SEAL) C A a (A d � ct Notary Public Address: I Z I - } LK) .� 5 W ?uF b1C, 00 ',Ico n CITY OF PUEBLO, a Municipal Corporation By P siden( of the Council City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Book: 3012 Page: 917 Chris C. Munoz Page: 3 of 12 Pueblo Co.C1k.&Rec. The foregoing instrument was acknowledged before me this 2 day of cc 199, by "���l�z %�� <<_, , as President of City Council, and t At-lel)e as City Clerk of the City of Pueblo, Colorado. Mx xornOssion expires: VC . ` P U,5 - r r� �c APPROVED AS TO FORM: NoI#t Public Ada r ss: City Attorn ' -3- EXHIBIT A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado, to- wit, A parcel of land located in the S1/2 of the NE1 /4 and the N1 /2 of the SE1 /4 of Section 4, Township 21 South, Range 65 West of the 6th Principal Meridian, more particularly described as follows, BEGINNING at the northwest corner of Westwood Village, according to the recorded plat thereof, filed for record June 6, 1961; thence S03'1 6'38"W (S02 0 52'39 "W plat) (all bearings used herein are based on the assumption that the south line of Red Creek Springs Road, monumented as shown hereon, bears N88 °37'21 "W) along the west line of said Westwood Village, a distance of 1618.26 (1620.38 plat) feet to a point on the north line of that parcel of land described in that document recorded in Book 39 at Page 398 in the records of the Pueblo County Clerk and Recorder; Thence N88 °37'21 "W, along said north line, a distance of 1075.83 feet; Thence NO3`l8'38 "E a distance of 1641.38 feet to a point in the south line of St. Clair Avenue (Plane View Street plat), Thence S87 "23'29 "E, along said south line, a distance of 1075.30 feet to the POINT OF BEGINNING. Said parcel contains 40.23 acres Book: 3012 Page: 918 Chris C. Munoz Page: 4 of 12 Pueblo Co.Clk. &Rec. (4) SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 1 DEVELOPER: DOMEGA HOMES, LLC EXHIBIT "B" ENGINEER: RICKY A. KIDD, P.E. STREETS ASPHALT PATCH SERVICES RED CREEK SPRINGS ROAD OVERLAY 1" RED CREEK SPRINGS ROAD CURB & GUTTER CROSSPANS SQR PAN RAD W/HC RAMP RAD CURB W/HC RAMP TEMPORARY TURN AROUND 4308 SY @ $11.10 /SY $47,819 1500 SF @ $2.00 /SF 70 TON @ $60.00/TON 2105 LF @ $7.80/LF 784 SF @ $3.80 /SF 5 EA @ $723 /EA 1 EA @ $606/EA 1 EA @ $2,000/EA SANITARY SEWER 1,220 LF @ $29.221LF 8" PVC PIPE, 0-12' 1634 LF @ $22.00/LF 48" MANHOLES 5 EA @ $1,400/EA SERVICES - 60' R.O.W. 26 EA @ $575/EA SERVICES - 80' R.O.W. 3 EA @ $765/EA REMOVE & REPLACE $3,600 SANITARY SEWER MANHOLE 1 EA @ $2,200/EA ADJUST EXISTING MR RING AND MONUMENTS COVER TO FINISHED GRADE 1 EA @ $250/EA STORM SEWER EXCAVATION COMPACTED FILL STOCKPILE 2" TO 8" RIPRAP 6" STD. CURB AND GUTTER MONITORING WELLS SILT FENCE MISC. GRADING 3950 CY @ $1.25 /CY 650 CY @ $3.00 /CY 1,200 CY @ $1.00 /CY 5 CY @ $50 /CY 658 LF @ $7.80/LF 3 EA @ $700/EA 220 LF @ $4.00/LF 1 LS @ $8000/LS WATER $3,000 $4,200 $16,419 $2,979 $3,615 $606 $2,000 $35,948 $7,000 $14,950 $2,295 $2,200 $250 $4,938 $1,950 $1,200 $250 $5,132 $2,100 $880 $8,000 8" PVC PIPE 1,220 LF @ $29.221LF $35,648 SERVICES - 60' R.O.W. 26 EA @ $480/EA $12,480 SERVICES - 80' R.O.W. 3 EA @ $640/EA $1,920 FIRE HYDRANT ASSEMBLY 2 EA @ $1,800/EA $3,600 STREET LIGHTS 4 EA @ $1,300/EA $5,200 MONUMENTS 4 EA @ $450/EA $1,800 BARRICADES - L =16' 1 EA @ $800/EA $800 TOTAL: $229,179 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. DATE: 2/25/97 FIRM: KIDD E &CMS, INC. REVIEWED BY: CkfiM (iy'A DATE: /6 City of Pueblo 5 Book: 3012 Page: 919 Chris C. Munoz Page: 5 of 12 Pueblo Co.C1k.&Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, $68,328 36" POLY PIPE A SPECIAL AREA PLAN, PHASE 2 $41,820 DEVELOPER: DOMEGA HOMES, LLC $2,052 ENGINEER: RICKY A. KIDD, P.E. $10,000 STREETS 3 EA @ $1,600/EA $4,800 PUEBLO BLVD. 3 EA @ $2,200/EA $6,600 ROTOMILL 6500 SF @ 0.55 /SF $3,575 EXCAVATION 344 CY @ $15.00 /SY $5,160 FLOWABLE FILL 320 CY @ $45.00 /SY $14,400 ASPHALT PATCH 75 TON @ $60.00/TON $4,500 ASPHALT INLAY 40 TON @ $60.00/TON $2,400 ST. CLAIR 5" ASPHALT PATCH 76 TON @ $60.00/TON $4,560 1" FW OVERLAY 270 TON @ $60.00/TON $16,200 5.5" FD ASPHALT 980 SY @ $11.95 /SY $11,711 R &R CROSSPAN 160 SF @ $7.75/SF $1,240 EXC. AND WASTE 300 CY @ $8.00 /CY $2,400 ASPHALT 3655 SY @ $11.10 /SY $40,570 CURB & GUTTER 2090 LF @ $7.80/LF $16,302 CROSSPANS 256 SF @ $3.80 /SF $973 SQR PAN RAD W/HC RAMP 2 EA @ $723/EA $1,446 RAD CURB W/HC RAMP 4 EA @ $606/EA $2,424 SANITARY SEWER 8" PVC PIPE, 0 -12' 269 LF @ $22.00/LF $5,918 48" MANHOLES 1 EA @ $1,400/EA $1,400 SERVICES 24 EA @ $575/EA $13,800 M0 a 1F 42" POLY PIPE 949 LF @ $72.00/LF $68,328 36" POLY PIPE 697 LF @ $60.00/LF $41,820 15" POLY PIPE 76 LF @ $27.00/LF $2,052 TYPE S INLET L = 20' 2 EA @ $5,000/EA $10,000 TYPE 1 -B MANHOLES 3 EA @ $1,600/EA $4,800 TYPE 1 -C MANHOLES 3 EA @ $2,200/EA $6,600 6" STD. CURB AND GUTTER 441 LF @ $7.80/LF $3,440 SIDEWALK DRAIN 2 EA @ $500/EA $1,000 WATER 8" PVC PIPE 910 LF @ $29.22/LF $26,590 SERVICES 24 EA @ $480/EA $11,520 FIRE HYDRANT ASSEMBLY 2 EA @ $1,800/EA $3,600 STREET LIGHTS 3 EA @ $1,300/EA $3,900 MONUMENTS 2 EA @ $450/EA $900 BARRICADES 2 EA @ $800/EA $1,600 TRAFFIC CONTROL 1 EA @ $11,000/EA $11,000 TOTAL: $346,129 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P.E FIRM: KIDD E &CMS, INC. REVIEWED BY: City of Pueblo 6 DATE: 2/25/97 DATE • l6 Book: 3012 Page: 920 Chris C. Munoz Page: 6 of 12 Pueblo Co.Clk.&Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 3 DEVELOPER: DOMEGA HOMES, LLC ENGINEER: RICKY A. KIDD, P.E. STREETS PATCH SERVICES - RED CREEK SPRINGS RD. 1" OVERLAY - RED CREEK SPRINGS RD. ASPHALT CURB & GUTTER RAD CURB W/HC RAMP TEMPORARY TURN AROUND 1500 SF @ $2.00 /SF 70 TON @ $60/TON 3248 SY @ $11.10 /SY 1655 LF @ $7.80/LF 2 EA @ $606/EA I EA @ $2,000/EA $3,000 $4,200 $36,053 $12,909 $1,212 $2,000 SANITARY SEWER 8" PVC PIPE, 0 -12' 1340 LF @ $22.00/LF $29,480 48" MANHOLES 5 EA @ $1,400/EA $7,000 SERVICES - 60' R.O.W. 26 EA @ $575/EA $14,950 SERVICES - 80' R.O.W. 3 EA @ $765/EA $2,295 ADJUST EXISTING MH RING AND COVER TO FINISHED GRADE 2 EA @ $250 $500 STORM SEWER 36" POLY PIPE 145 LF @ $60.00/LF $8,700 15" POLY PIPE 70 LF @ $27.00/LF $1,890 TYPE S INLET L =8' 3 EA @ $2,600/EA $7,800 TYPE 1 -B MANHOLE 1 EA @ $1,600/EA $1,600 I" 8" PVC PIPE 880 LF @ $29.22/LF $25,714 SERVICES - 60' R.O.W. 26 EA @ $480/EA $12,480 SERVICES - 80' R.O.W. 3 EA @ $640/EA $1,920 FIRE HYDRANT ASSEMBLY 1 EA @ $1,800/EA $1,800 STREET LIGHTS 5 EA @ $1,300/EA $6,500 MONUMENTS 2 EA @ $450/EA $900 BARRICADES RELOCATE 1 EA @ $800/EA $800 TOTAL: $183,703 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. DATE: 2/25/97 FIRM: KIDD E &CMS, INC. REVIEWED BY: d�T—v d e%— DATE: City of Pueblo Book: 3012 Page: 921 Chris C. Munoz Page: 7 of 12 Pueblo Co.Clk. &Rec. 7 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 4 DEVELOPER: DOMEGA HOMES, LLC ENGINEER: RICKY A. KIDD, P.E. STREETS ST. CLAIR ASPHALT 1467 SY @ $11.95 /SY EXC. AND WASTE 620 CY @ $8.00 /CY ASPHALT 3230 SY @ $11.10 /SY CURB & GUTTER 1650 LF @ $7.80/LF RAD CURB W/HC RAMP 2 EA @ $606/EA 6" STD. CURB AND GUTTER 540 LF @ $7.80/LF SANITARY SEWER 8" PVC PIPE, 0 -12' 269 LF @ $22.00/LF 48" MANHOLES 1 EA @ $1,400/EA SERVICES 24 EA @ $575/EA STORM SEWER 36" POLY PIPE 175 LF @ $60.00/LF 24" POLY PIPE 50 LF @ $36.00/LF 18" POLY PIPE 432 LF @ $30.00/LF TYPE S INLET L =17' 2 EA @ $4,400/EA TYPE 1 -B MANHOLES 1 EA @ $1,600/EA WATER 8" PVC PIPE 880 LF @ $29.22/LF SERVICES 24 EA @ $480/EA FIRE HYDRANT ASSEMBLY 2 EA @ $1,800/EA STREET LIGHTS MONUMENTS BARRICADES 3 EA @ $1,300/EA 1 EA @ $450/EA 1 EA @ $800/EA TOTAL: $17,531 $4,960 $35,853 $12,870 $1,212 $4,212 $5,918 $1,400 $13,800 $10,500 $1,800 $12,960 $8,800 $1,600 $25,714 $11,520 $3,600 $3,900 $450 $800 $179,400 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. DATE: 2/25/97 FIRM: KIDD E &CMS, INC. REVIEWED BY: (Zw &'- " DATE: City of Pueblo Book: 3012 Page: 922 Chris C. Munoz Page: 8 of 12 Pueblo Co.Clk.&Rec. 8 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 5 DEVELOPER: DOMEGA HOMES, LLC ENGINEER: RICKY A. KIDD, P.E. STREETS 1" OVERLAY - RED CREEK SPRINGS RD. 13 TON @ $60.00 /TON $780 ASPHALT - RED CREEK SPRINGS RD. 1347 SY @ $11.95 /SY $16,097 EXC. AND WASTE 305 CY @ $8.00 /CY $2,440 ASPHALT 4344 SY @ $11.10 /SY $48,218 CURB & GUTTER 1715 LF @ $7.80/LF $13,377 CROSSPANS 784 SF @ $3.80 /SF $2,979 SQR PAN RAD W/HC RAMP 5 EA @ $7231EA $3,615 RAD CURB W/HC RAMP 1 EA @ $606/EA $ 606 TEMPORARY TURN AROUND 1 EA @ $2,000/EA $2,000 6" STD. CURB AND GUTTER 1010 LF @ $7.80/LF $7,878 SANITARY SEWER 8" PVC PIPE, 0 -12' 1489 LF @ $22.00/LF $32,758 48" MANHOLES 4 EA @ $1,400/EA $5,600 SERVICES - 60' R.O.W. 27 EA @ $575/EA $15,525 SERVICES - 80' R.O.W. 3 EA @ $765/EA $2,295 STORM SEWER 30" POLY PIPE 85 LF @ $50.00/LF $4,250 18" POLY PIPE 66 LF @ $29.001LF $1,914 TYPE S INLET L=8' 2 EA @ $2,600/EA $5,200 TYPE 1 -B MANHOLE 1 EA @ $1,800/EA $1,800 WATER 8" PVC PIPE 300 LF @ $29.22/LF SERVICES - 60 ' R.O.W. 27 EA @ $480/EA SERVICES - 80' RO.W. 3 EA @ $640/EA FIRE HYDRANT ASSEMBLY 3 EA @ $1,800/EA STREET LIGHTS MONUMENTS BARRICADES RELOCATE 5 EA @ $1,300/EA 3 EA @ $450/EA 2 EA @ $800/EA TOTAL: $ 8,766 $12,960 $1,920 $5,400 $6,500 $1,350 $800 $205,028 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. FIRM: KIDD E &CMS, INC. REVIEWED BY: Avyl« City of Pueblo DATE: 2/25/97 DATE: 4//6 rj- 9 Book: 3012 Page: 923 Chris C. Munoz Page: 9 of 12 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 6 DEVELOPER: DOMEGA HOMES, LLC ENGINEER: RICK A. KIDD, P.E. STREETS ST. CLAIR ASPHALT 733 SY @ $11.95 /SY EXC. AND WASTE 200 CY @ $8.00 /CY ASPHALT 2947 SY @ $11.10 /SY CURB &GUTTER 1470 LF @ $7.80/LF RAD CURB W/HC RAMP 4 EA @ $606/EA 6" STD. CURB AND GUTTER 276 LF @ $7.80/LF SANITARY SEWER 8" PVC PIPE, 0 -12' 100 LF @ $22.00/LF SERVICES - 60' R.O.W. 20 EA @ $575/EA SERVICES - 80' R.O.W. 2 EA @ $765/EA STORM SEWER 27" POLY PIPE 125 LF @ $42.00/LF WATER 8" PVC PIPE 815 LF @ $29.22/LF SERVICES - 60' R.O.W. 20 EA @ $480/EA SERVICES - 80' R.O.W. 2 EA @ $640/EA FIRE HYDRANT ASSEMBLY 1 EA @ $1,800/EA STREET LIGHTS MONUMENTS BARRICADES 3 EA @ $1,300/EA 1 EA @ $450/EA 1 EA @ $800/EA TOTAL: $8,759 $1,600 $32,712 $11,466 $2,424 $2,153 $2,200 $11,500 $1,530 $5,250 $23,814 $9,600 $1,280 $1,800 $3,900 $450 $800 $121,238 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. FIRM: KIDD E &CMS, INC. REVIEWED BY: (1 / A — . aGSO City of Pueblo 10 DATE: 2/25/97 DATE: /6 Book: 3012 Page: 924 Chris C. Munoz Page: 10 of 12 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 7 DEVELOPER: DOMEGA HOMES, LLC EXHIBIT "B" ENGINEER: RICKY A. KIDD, P.E. STREETS ASPHALT- RED CREEK SPRINGS RD. ESC. AND WASTE ASPHALT CURB & GUTTER CROSSPANS SQR PAN RAD W/HC RAMP RAD CURB W/HC RAMP TEMPORARY TURN AROUND 1562 SY @ $11.95 /SY 250 CY @ $8.00 /CY 3211 SY @ $11.10 /SY 1640 LF @ $7.80/LF 272 SF @ $3.80 /SF 1 EA @ $723/EA 1 EA @ $606/EA 1 EA @ $2,000/EA $18,666 $2,000 $35,321 $12,792 $1,034 $723 $606 $2,000 SANITARY SEWER 8" PVC PIPE, 0 -12' 1397 LF @ $22.00/LF 48" MANHOLES 4 EA @ $1,400/EA SERVICES - 60' R.O.W. 26 EA @ $575/EA SERVICES - 80' R.O.W. 3 EA @ $765.EA ADJUST EXHISTING MH RING AND COVER TO FINISHED GRADE 1 EA @ $250/EA $30,734 $5,600 $14,960 $2,295 $250 STORM SEWER 30" POLY PIPE 15" POLY PIPE TYPE S INLET L=14' TYPE 1 -B MANHOLE 140 LF @ $50.00/LF 65 LF @ $27.00/LF 2 EA @ $3,800/EA 1 EA @ $1,600/EA $7,000 $1,755 $7,600 $1,600 WATER 8 "PVC PIPE 875 LF @ $29.22/LF SERVICES - 60' R.O.W. 26 EA @ $480/EA SERVICES - 80' R.O.W. 3 EA @ $640/EA FIRE HYDRANT ASSEMBLY 2 EA @ $1,800/EA STREET LIGHTS MONUMENTS BARRICADES 4 EA @ $1,300/EA 2 EA @ $450/EA 2 EA @ $800/EA TOTAL: $25,568 $12,480 $1,920 $3,600 $5,200 $900 $800 $195,404 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. FIRM: KIDD E &CMS, INC. REVIEWED BY: City of Pueblo 11 DATE: 2/25/97 DATE: /�o Book: 3012 Page: 925 Chris C. Munoz Page: 11 of 12 Pueblo Co.C1k.&Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 8 DEVELOPER: DOMEGA HOMES, LLC ENGINEER: RICKY A. KIDD, P.E. STREETS ASPHALT- ST. CLAIR STREET 1511 SY @ $11.95 /SY EXC. AND WASTE 350 CY @ $8.00 /CY ASPHALT 3683 SY @ $11.10 /SY CURB & GUTTER 1600 LF @ $7.80/LF CROSS PANS 528 SF @ $3.80 /SF SQR PAN RAD W/HC RAMP 4 EA @ $723/EA RAD CURB W/HC RAMP 2 EA @ $606/EA 6" STD. CURB AND GUTTER 593 LF @ $7.80/LF $18,056 $2,800 $40,881 $12,480 $2,006 $2,892 $1,212 $4,625 SANITARY SEWER 8" PVC PIPE, 0 -12' 140 LF @ $22.00/LF $3,080 SERVICES - 60' R.O.W. 20 EA @ $575/EA $11,500 SERVICES - 80' R.O.W. 3 EA @ $765/EA $2,295 STORM SEWER 24" POLY PIPE 163 LF @ $36.00/LF $5,868 WATER 8" PVC PIPE 905 LF @ 29.22/LF SERVICES - 60' R.O.W. 20 EA @ $480/EA SERVICES - 80' R.O.W. 3 EA @ $640/EA FIRE HYDRANT ASSEMBLY 1 EA @ $1,800/EA STREET LIGHTS MONUMENTS BARRICADES 5 EA @ $1,300/EA 3 EA @ $450/EA 1 EA @ $800/EA TOTAL: $26,444 $9,600 $1,920 $1,800 $6,500 $1,350 $800 $156,109 GRAND TOTAL PHASE 1 THRU PHASE 8• $1,616,190 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, P. E. DATE: 2/25/97 FIRM: KIDD E &CMS, INC. / REVIEWED BY: DATE: City of Pueblo 12 Book: 3012 Page: 926 Chris C. Munoz Page: 12 of 12 Pueblo Co.C1k.&Rec. Reception 1175641 07/02/1997 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENTS This Addendum shall be incorporated in and become a part of the J 5 — ti) - 13 , 19917 Subdivision Improvements Agreement for the Regency Crest Subdivision (herein the "Subdivision) and enforceable as provided in said Subdivision Improvements Agreement. 1. Subdivider shall install a Temporary Retention Pond in accordance with approved plans therefor on rile in the office of the Director of Public Works and maintain it in compliance with all applicable law and regulation and in accordance with the Temporary Retention Pond Supplementary Report Addendum No. 1 on rile in the office of the Director of Public Works. 2. Subdivider shall provide the city with an irrevocable letter of credit, in a form approved by the City Attorney, and in an amount equal to the estimated cost of the construction of the St. Clair Storm Sewer Outfall and storm sewer improvements for Phase 2 of the Subdivision, plus 15 %, in accordance with the approved plans therefor on file with the Director of Public Works. This letter of credit shall be provided to the City prior to approval of the Subdivision plat. 3. Subdivider shall construct the St. Clair Storm Sewer Outfall and storm drainage improvements for Phase 2 of the Subdivision in accordance with the approved plans therefor within 18 months of approval by City Council of the Subdivision. 4. If Subdivider shall fail to abide by the terms of paragraphs 1 and 3 above, the City's Director of Public Works shall have the right to demand payment of the amount 1 provided in the letter of credit from the issuing institution and cause the St. Clair Storm Sewer Outfall and storm sewer improvements for Phase 2 of the Subdivision to be constructed. If there are insufficient funds to complete the work, the City shall have the right to place a lien upon the land within the Subdivision until such time as the entire cost of the construction, plus an additional 15% for administrative expenses, has been paid to the City. 5. Subdivider shall defend, indemnify and hold City and its officers, agents and employees harmless from and against any and all demands, claims, damages, injuries, causes of action, penalties, and expenses, including reasonable attorney fees, caused by or in any manner arising, directly or indirectly, out of or from the construction, installation, use or maintenance or failure to maintain the Temporary Retention Pond, including without limitation, groundwater infiltration or recharging. 6. The covenants of this Addendum shall run with the land within the Subdivision and shall be binding upon and may be specifically enforced against the Subdivider and its successors and assigns, and subsequent owners of lots within the Subdivision. If Subdivider or any subsequent owners of lots within the subdivision fail to construct the Temporary Retention Pond, or construct the outfall and storm drainage improvements, or furnish the irrevocable letter of credit, or make any payment or indemnity as required by this Addendum, no additional building permits shall be issued to build or construct any building or structure in the Subdivision until such failure is remedied. 2 Book: 3012 Page: 929 Chris C. Page: 3 of 4 P Munos Pueblo Co.C1k.&Rec. Executed at Pueblo, Colorado as of the date and year stated above. SUBDIVIDER D011MA HOMES, LLC C.T. Proctor, Managing Member PUEBLO, A MUNICIPAL CORPORATION B y_ 3 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, PHASE 2 DOMEGA HOMES, LLC RICKY A. KIDD, P.E. STREETS PUEBLO BLVD. ROTOMILL EXCAVATION FLOWABLE FILL ASPHALT PATCH ASPHALT INLAY ST. CLAIR 5" ASPHALT PATCH 1" FW OVERLAY 5.5" FD ASPHALT R &R CROSSPAN EXC. AND WASTE ASPHALT CURB & GUTTER CROSSPANS SQR PAN RAD W /HC RAMP RAD CURB W /HC RAMP SANITARY SEWER 8" PVC PIPE, 0 -12' 48" MANHOLES SERVICES STORM SEWER 42" POLY PIPE 36" POLY PIPE 15" POLY PIPE TYPE S INLET L = 20' TYPE 1 -B MANHOLES TYPE 1 -C MANHOLES 6" STD. CURB AND GUTTER SIDEWALK DRAIN 6500 SF @ 0.55 /SF 344 CY @ $15.00 /SY 320 CY @ $45.00 /SY 75 TON @ $60.00/TON 40 TON @ $60.00/TON 76 TON @ $60.00/TON 270 TON @ $60.00/TON 980 SY @ $11.95 /SY 160 SF @ $7.75/SF 300 CY @ $8.00 /CY 3655 SY @ $11.10 /SY 2090 LF @ $7.80 /LF 256 SF @ $3.80 /SF 2 EA @ $723/EA 4 EA @ $606 /EA 269 LF @ $22.00 /LF 1 EA @ $1,400 /EA 24 EA @ $575/EA 949 LF @ $72.00 /LF 697 LF @ $60.001LF 76 LF @ $27.00/LF 2 EA @ $5,0001EA 3 EA @ $1,600 /EA 3 EA @ $2,200/EA 441 LF @ $7.80 /LF 2 EA @ $500 /EA WATER 8" PVC PIPE 910 LF @ $29.22/LF SERVICES 24 EA @ $480/EA FIRE HYDRANT ASSEMBLY 2 EA @ $1,800 /EA $3,575 $5,160 $14,400 $4,500 $2,400 $4,560 $16,200 $11,711 $1,240 $2,400 $40,570 $16,302 $973 $1,446 $2,424 $5,918 $1,400 $13,800 $68,328 $41,820 $2,052 $10,000 $4,800 $6,600 $3,440 $1,000 $26,590 $11,520 $3,600 STREET LIGHTS 3 EA @ $1,300/EA $3,900 MONUMENTS 2 EA @ $450/EA $900 BARRICADES 2 EA @ $8001EA $1,600 TRAFFIC CONTROL 1 EA @ $11,000/EA $11,000 TOTAL: $346,129 This is an estimate only. Actual construction costs may vary. This estimate may costs. PREPARED BY: RICKY A. KIDD, P.E DATE: 2/25/97 FIRM: KIDD E &CMS, INC. - t REVIEWED BY: - DATE: A. City of Pueblo 6 ST. CLAIR OUTFALL AND PHASE 2 STORM SEWER IMPROVEMENTS $ 3,575 $ 5,160 $ 14,400 $ 4,500 $ 2,400 $ 4,560 $ 16,200 $ 1,240 $ 68,328 $ 41,820 $ 2,052 $ 10,000 $ 4,800 $ 6,600 $ 3,440 $ 1,000 $1 1,000 $201,075 . 30,161 15% Cont. $231,236 include all construction Book: 3012 Page: 930 Chris C. Munoz Page: 4 of 4 Pueblo Co.C1k.&Rec. Reception 1175642 07/02/1997 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lots 23 -42, Block 4 Lots 1 -42, Block 6; Lots 1 -8, Block T, Lots 1 -42, Block 8, Lots 1 -21, Block 10, and Lots 1 -4, Block 11; all being in REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, Pueblo County, Colorado, and their heirs, personal representatives, successors and assigns, that sanitary sewer service to basements of these lots may require a pumping system due to the elevation of the sanitary sewer lines in the street of public right -of -way. This notice is dated June 17, 1997. SUBDIVIDER DOMEGA HOMES, LLC C. T. Proctor, Managing Member Address: DRAWER 3430 PUEBLO CO 81005 STATE OF COLORADO )SS COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on June 17, 1997, by DOMEGA HOMES, LLC, C. T. Proctor, Managing Member Witness my hand and seal. U Notary Public - `'J? �Q • i s'' CO 9407301.206 ( -%7- /�/ •�.s