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HomeMy WebLinkAbout06622Reception 1380578 04/30/2001 ORDINANCE NO. 6622 AN ORDINANCE APPROVING THE PLAT OF HERITAGE VILLAGE, FILING NO. 3, SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Heritage Village, Filing, No. 3, Subdivision being a subdivision of land legally described as: A parcel of land in the NW 1/4 of the NW 1/4 Section 22, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of Section 22, Township 21 South, Range 65 West of the 6th P.M. to bear N.89 °40'00" E. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 19, Block 1 in Heritage Village, Filing No. 2, A special Area Plan, according to the recorded plat thereof, thence along the boundary of said Heritage Village, Filing No. 2 the following eleven (11) courses: 1. S.00 0 20'00 "E., a distance of 106.10 feet; 2. Westerly, along the arc of a curve to the left whose center bears S.05 °09'57" W., and whose radius is 240 feet, a distance of 23.03 feet; 3. S.89 0 40'00 "W., a distance of 7.69 feet; 4. S.00 0 20'00 "E., a distance of 60.00 feet; 5. S.15 °31'16" W., a distance of 102.74 feet; 6. S.82 °53'31 "W., a distance of 52.30 feet; 7. S.00 0 20'00 "E., a distance of 104.12 feet; 8. Westerly, along the arc of a curve to the right whose center bears N06 °01'02" W. and whose radius is 180 feet, a distance of 3.25 feet; 9. S.00 0 20'00" E., a distance of 270.59 feet; 10. S.89 0 40'00 "W., a distance of 4.37 feet; 11. S.00 0 20'00 "E., a distance of 165.00 feet to the Southwest corner of Lot 4, Block 5 in said Filing No. 2; Thence S.89 °40'00 "W., a distanceof 958.41 feet to the East right -of -way line of Lariat Road, as presently located; thence N.00 °00'39 "W., along said East right - of way line, a distance of 810.01 feet to the South line of a 15 foot strip of land conveyed to the Pueblo Board of Water Works by deed recorded on June 9, 1998, at Reception No. 1222924 of the Pueblo County records; thence N.89 °40'00" E., along said South line, a distance of 1072.13 feet to the Point of Beginning, con- taining 18.402 acres, is hereby approved, and all dedicate ski — I ts, utility and drainage easements, rights -of -way and land set aside for public sites, parris 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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. SECTION 4. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. INTRODUCED November 13, 2000 BY Rich olenda . r Cpuncilm er APPROVED President of the Council PASSED AND APPROVED November 27, 2000 11/2/00 Reception 1380580 04/30/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on 4k-P21 L. I 1 ,tom I , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and HORIZON COMMUNITIES, INC., a Colorado Corporation ( "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 HERITAGE VILLAGE, FILING NO. 3, A SPECIAL AREA PLAN ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) 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 10/21/98 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 costs 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 (' /z) 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 recently 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. DPW 101 2 10/21/98 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7 (J) of the 1971 Code of Ordinances, 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 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 (1) 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 complete 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 DPW 101 3 10/21/98 4 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 the Required Public Improvements. 10. For purposes of the 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 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 therefor 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 therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge 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 shall subordinate its interest or encumbrance to this Agreement and all is 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 DPW 101 4 10/21/98 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party it costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. 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. HORIZON COMMUNITIES, INC., a Colorado Corporation Subdivider (SEAL) STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) By: J� U , z Robert W. Leach, President By: DPW 101 10/21/98 The foregoing instrument was acknowledged before me on A V V- i L. ) l by Robert W. Leach, President of HORIZON COMMUNITIES, INC., a Colorado Corporation Subdivider. �n M. i ! -% ©TARy 9 0 F C fission expires: - 1 1 1 & 1 2A:' ©'2-, 1 tASW?b4-y_ %..�Wkv ) - q 4� utz gLo1Co� 00! 1'�d Notary Public My Comm. Expires 01/10/2002 k STATE OF COLORADO COUNTY OF PUEBLO CI T' OF PUE O, a nicipal Corporation 5 y ,�4 4i en Council ,_The - foregoing instrument was acknowledged before me on Apri 1 23 2001 by ;' l Gurgle , as President of City Council, and G3 na Dutcher . as City Clerk of the City of Pueblo, Colorado. My commission expires: g -21- 2OQ3 Public APPROVED AS TO FORM: City Attorney' DPW 101 6 10/21/98 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A A parcel of land in the NW /4 of the NW '/4 Section 22 Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of Section 22, Township 21 South, Range 65 West of the 6 t " P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 19, Block 1 in Heritage Village, Filing No. 2, A Special Area Plan, according to the recorded plat thereof; thence along the boundary of said Heritage Village, Filing No. 2 the following eleven (11) courses: 1. S. 00 0 20'00" E., a distance of 106.10 feet; 2. Westerly, along the arc of a curve to the left whose center bears S. 05 0 09'57" W. and whose radius is 240 feet, a distance of 23.03 feet; 3. S. 89 0 40'00" W., a distance of 7.69 feet; 4. S. 00 0 20'00" E., a distance of 60.00 feet; 5. S. 15 0 31'16" W., a distance of 102.74 feet; 6. S. 82 0 53'31" W., a distance of 52.30 feet; 7. S. 00 0 20'00" E., a distance of 104.12 feet; 8. Westerly, along the arc of a curve to the right whose center bears N. 06 11 01'02" W. and whose radius is 180 feet, a distance of 3.25 feet; 9. S. 00 0 20'00" E., a distance of 270.59 feet; 10. S. 89 0 40'00" W., a distance of 4.37 feet; 11. S. 00 0 20'00" E., a distance of 165.00 feet to the Southwest corner of Lot 4, Block 5 in said Filing No. 2; thence S. 89 0 40'00" W., a distance of 958.41 feet to the East right -of -way line of Lariat Road, as presently located; thence N. 00 0 00'39" W., along said East right -of -way line, a distance of 810.00 feet to the South line of a 15 foot strip of land conveyed to the Pueblo Board of Water Works by deed recorded on June 9, 1998 at Reception No. 1222924 of the Pueblo County records; thence N. 89 0 40'00" E., along said South line, a distance of 695.45 feet to the West right -of -way line extended of Vinewood Lane, as platted in Highland Park, Twenty Third Filing, according to the recorded plat thereof, filed for record March 26, 1971; thence N. 00 0 20'00" W., along said West right -of -way line, a distance of 15.00 feet to the Southeast corner of Lot 1, Block 80 in said Highland Park, Twenty Third Filing; thence N. 89 0 40'00" E., along the South boundary line of said Twenty Third Filing, a distance of 80.00 feet to the East right -of -way line of said Vinewood Lane; thence S. 00 0 20'00" E., along said East right -of -way line extended, a distance of 15.00 feet to the South line of the said 15 foot strip of land conveyed to the Pueblo Board of Water Works; thence N. 89 0 40'00" E., along said South line, a distance of 296.69 feet to the Point of Beginning. Containing 18.430 acres. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: HERITAGE VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. VINEWOOD PHASE 1: STREETS 3" Asphalt over 9" Base Course 1393 SY @ $19.00 /SY $26,467 Curb and Gutter 430 LF @ $10.00 /LF $4,300 WATER 8" PVC Water Main 285 LF @ $35.00 /LF $9,975 STORM SEWER 24" RCP 256 L.F. @ $48.00 /LF $12,288 MONUMENT BOX 1 EA @ $575.00 /EA $575 BARRICADE 1 EA @ $1,125.00 /EA $1,125 PHASE 1 - VINEWOOD - SUBTOTAL $54,730 11 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: HERITAGE VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BISON PHASE 1: SANITARY SEWER 8" PVC Sewer Main 254 LF @ $29.00 /LF $7,366 STORM SEWER 42" RCP 180 LF @ $84.00 /LF $15,120 30" RCP 26 LF @ $60.00 /LF $1,560 Type 16 Manhole 1 EA @ $2,000.00 /EA $2,000 Relocate Rip Rap 13 CY @ $50.00 /CY $650 PHASE 1 - BISON - SUBTOTAL $26,696 Q7 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: HERITAGE VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. ELK PHASE 1: STREETS 3" Asphalt over 6" Base Course 3273 SY @ $16.00 /SY $52,368 Curb and Gutter 2037 LF @ $10.00 /LF $20,370 Handicap Ramp (4) 1082 SF @ $3.50 /SF $3,787 SANITARY SEWER 1 LF @ $2,800.00 /EA $2,800 8" PVC main 981 LF @ $29.00 /LF $28,449 48" Dia. Manhole 4 EA @ $2,170.00 /EA $8,680 Services 35 EA @ $775.00 /EA $27,125 WATER 8" PVC Water Main 1062 LF @ $35.00 /LF $37,170 Fire Hydrant 3 LF @ $2,500.00 /EA $7,500 Services 34 LF @ $500.00 /EA $17,000 STORM SEWER 18" RCP 31 LF @ $36.00 /LF $1,116 21" RCP 49 LF @ $42.00 /EA $2,058 1B Manhole 1 LF @ $2,000.00 /EA $2,000 6' Type "S" Inlet 1 LF @ $2,800.00 /EA $2,800 7' Type "S" Inlet 1 LF @ $3,100.00 /EA $3,100 MONUMENT BOX 1 EA @ $575.00 /EA $575 STREET LIGHTS 4 EA @ $1,300.00 /EA $5,200 SIGNAGE 80' R -O -W (4 -Way) 1 EA @ $400.00 /EA $400 BARRICADE 1 EA @ $825.00 /EA $825 PHASE 1- ELK - SUBTOTAL $220,523 TOTAL PHASE 1 $301,949 10 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: HERITAGE VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BISON PHASE 2: STREETS 3" Asphalt over 6" Base Course Curb and Gutter Handicap Ramp SANITARY SEWER 8" PVC main 48" Dia. Manhole Services WATER 8" PVC Water Main Fire Hydrant Services STORM SEWER 15" RCP 30" RCP 27" RCP Type 1B Manhole 7' Type "S" Inlet 8' Type "S" Inlet 4' Type "S" Inlet (Special) Rip Rap MONUMENT BOX STREET LIGHTS SIGNAGE 60' ROW T- intersection 80' ROW 4 -Way 2974 SY @ 1920 LF @ 1406 SF @ 645 LF @ 3 EA @ 32 EA @ $16.00 /SY $47,584 $10.00 /LF $19,200 $3.50 /SF $4,921 $29.00 /LF $18,705 $2,170.00 /EA $6,510 $775.00 /EA $24,800 983 LF @ $35.00 /LF $34,405 3 LF @ $2,500.00 /EA $7,500 34 LF @ $500.00 /EA $17,000 26 LF @ 24 LF @ 734 LF @ 2 EA @ 1 EA @ 1 EA @ 1 EA @ 13 CY @ $30.00 /LF $60.00 /LF $54.00 /LF $2,000.00 /EA $3,100.00 /EA $3,400.00 /EA $2,200.00 /EA $50.00 /CY $780 $1,440 $39,636 $4,000 $3,100 $3,400 $2,200 $650 2 EA @ 3 EA @ $575.00 /EA $1,300.00 /EA $1,150 $3,900 1 EA @ $200.00 /EA $200 1 EA @ $400.00 /EA $400 PHASE 2 - BISON LANE - SUBTOTAL $241,481 11 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: STARLITE PHASE 2: STREETS 3" Asphalt over 10" Base Course Curb and Gutter Cross Pan Square Pan Radius WATER 16" PVC Water Main STORM SEWER 24" RCP 9' Type "S" inlet Special Inlet (4'x 4') MONUMENT BOX STREETLIGHTS BARRICADE HERITAGE VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 3830 SY @ $20.00 /SY $76,600 1471 LF @ $10.00 /LF $14,710 208 SF @ $3.80 /SF $790 196 SF @ $4.25 /SF $833 707 LF @ $35.00 /LF $24,745 434 LF @ $48.00 /LF $20,832 1 EA @ $3,700.00 /EA $3,700 1 EA @ $2,200.00 /EA $2,200 3 EA @ $575.00 /EA $1,725 3 EA @ $1,300.00 /EA $3,900 1 EA @ $825.00 /EA $825 PHASE 2 - STARLITE - SUBTOTAL $150,860 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: HERITAGE VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. VINEWOOD PHASE 2: STREETS 3" Asphalt over 9" Base Course 1320 SY @ $19.00 /SY $25,080 Curb and Gutter 400 LF @ $10.00 /LF $4,000 WATER 8" PVC Water Main 270 LF @ $35.00 /LF $9,450 STORM SEWER 21" RCP 124 LF @ $42.00 /LF $5,208 MONUMENT BOX 1 EA @ $575.00 /EA $575 BARRICADE 1 EA @ $1,125.00 /EA $1,125 PHASE 2 - VINEWOOD - SUBTOTAL $45,438 TOTAL PHASE 2 $437,779 13 SUBDIVISION NAME: DEVELOPER: ENGINEER: PRONGHORN PHASE 3: SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" HERITAGE VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS 3" Asphalt over 6" Base Course Curb and Gutter Square Pan Radius Cross Pan (7) Handicap Ramp SANITARY SEWER 8" PVC main 48" Dia. Manhole Services WATER 8" PVC Water Main Fire Hydrant Services STORM SEWER 15" RCP 18" RCP 113 Manhole T Type "S" inlet MONUMENT BOX STREET LIGHTS SIGNAGE 80' ROW 4 -Way 60" ROW T- intersection 2964 SY @ $16.00 /SY $47,424 1914 LF @ $10.00 /LF $19,140 196 SF @ $4.25 /SF $833 208 SF @ $3.80 /SF $790 1406 SF @ $3.50 /SF $4,921 881 LF @ $29.00 /LF $25,549 4 EA @ $2,170.00 /EA $8,680 32 EA @ $775.00 /EA $24,800 981 LF @ $35.00 /LF $34,335 2 LF @ $2,500.00 /EA $5,000 32 LF @ $500.00 /EA $16,000 31 LF @ $30.00 /LF $930 49 LF @ $36.00 /EA $1,764 1 LF @ $2,000.00 /EA $2,000 2 LF @ $3,100.00 /EA $6,200 1 EA @ $575.00 /EA $575 3 EA @ $1,300.00 /EA $3,900 1 EA @ $400.00 /EA $400 1 EA @ $200.00 /EA $200 PHASE 3 - PRONGHORN - SUBTOTAL $203,441 14 SUBDIVISION NAME: DEVELOPER: ENGINEER: VINEWOOD PHASE 3: SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" HERITAGE VILLAGE FILING NO. 3 STREETS 3" Asphalt over 9" Base Course Curb and Gutter WATER 8" PVC Water Main STORM SEWER 21" RCP BARRICADES HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 1320 SY @ $19.00 /SY $25,080 400 LF @ $10.00 /LF $4,000 270 LF @ $35.00 /LF $9,450 115 LF @ $42.00 /LF $4,830 1 EA @ $1,125.00 /EA $1,125 PHASE 3 - VINEWOOD - SUBTOTAL $44,485 TOTAL PHASE 3 $247,926 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: MSW FIRM: NORTSTAR ENGINEERING & SURVEYING, INC. REVIEWED BY: (T Z LOWOvee — V1 2,0 / 0 / CITY OF PUEBLO ' fCf4 15 Reception 1380581 04/30/2001 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This addendum shall be incorporated in and become a part of the Aft i L 11 1 2001 Subdivision Improvements Agreement for HERITAGE VILLAGE, FILING NO. 3,A SPECIAL AREA PLAN and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop HERITAGE VILLAGE, FILING NO. 3, A SPECIAL AREA PLAN in separate phases to be identified herein as Phase I, Phase II and Phase III. 2. Phase I shall consist of the following lots and parcels within the Subdivision: Lots 20 through 24, Block 1 Lots 7 through 10, Block 7 Lots 1 through 12, Block 8 Lots 1 through 12, Block 9 3. Phase II shall consist of the following lots and parcels within the Subdivision: Lots 7 through 9, Block 6 Lots 4 through 6, Block 7 Lot 13, Block 8 Lots 13 through 26, Block 9 Lots 1 through 13, Block 10 4. Phase III shall consist of the following lots and parcels within the Subdivision: Lots 5 through 7, Block 5 Lots 4 through 6, Block 6 Lots 14 through 26, Block 10 Lots 1 through 13, Block 11 5. The Subdivider shall construct and install all public improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve the lots within each Phase. 6. For purposes of determining the extent and timing of the required public improvements, each Phase shall be considered as a separate subdivision and an event requiring completion of the improvements in one Phase will not require completion of improvements in the other Phases. 1 7. When the Subdivider completes the subdivision requirements and public improvements for each Phase, the City will release the Lots in that Phase from this agreement as if each Phase was a separate and distinct subdivision. 8. 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 City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado as of AP/ZI L / , 2001. HORIZON COMMUNITIES, INC., a Colorado Corporation, Subdivider ( SEAL ) By: Robert W. Leach, President STATE OF COLORADO) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 12-1 k4 day of A ei-'-) 9, t L. , 2001, by Robert W. Leach, President of Horizon Communities, Inc., a Colorado Corporation, Subdivider. My Commission expires: -) l o LO° IL 2 1 t -ASWP, ILV. t, A VAP- u E i3�..a G�.o T1AO o ffi l oa 1 sTggG9 Not Public Q 0 OTARY ` V PU L B 4 1 0 C µy Comm. p fes 07/10/200 CITY OF PUEBLO, A Munigipal Cor(j�ra the Council 2