Loading...
HomeMy WebLinkAbout06818Reception 1520719 08/19/2003 "As Amended" ORDINANCE NO. 6818 AN ORDINANCE APPROVING THE PLAT OF EL CAMINO 17 FILING SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A portion of the NW1/4 of the NW 1/4 of Section 21, Township 21 South, Range 65 West of the 6' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW '/< of Section 21, Township 21 South, Range 65 West of the 6` P.M. to bear N. 00 °26'27" E. and all bearings contained herein being relative thereto. Beginning at the Southwest comer of the said NW 1/4 of the NW1 /4; thence N.00 °26'27" E., a distance of 789.75 feet to the Southwest corner of Lot 6, Block 51 in El Camino Subdivision, 15` Filing, according to the recorded plat thereof, thence S. 89 °33'37" E., along the South subdivision boundary line of El Camino Subdivison, 15 Filing, according to the recorded plat thereof, a distance of 251.68 feet to the Westernmost corner of Lot 37, Block 51 in El Camino Subdivision 16` Filing, according to the recorded plat thereof; thence Southeasterly, along the South subdivision boundary line of said 16` Filing the following ten (10) courses: 1. S. 32 °11'51" E., a distance of 168.80 feet; 2. S. 51 E., a distance of 238.31 feet; 3. S. 61 E., a distance of 67.21 feet; 4. S. 21 0 02'52" W., a distance of 180.00 feet; 5. along the arc of a curve to the left whose center bears N. 21 °02'52" E. and whose radius is 430 feet, a distance of 120.85 feet; 6. S. 85 E., a distance of 2.63 feet; 7. S. 86 0 41'33" E., a distance of 100.00 feet: 8. along the arc of a curve to the right whose center bears S. 86 °41'33" E. and whose radius is 950 feet, a distance 18.01 feet; 9. S. 89 0 29'07" E., a distance of 167.82 feet; 10. S. 00 0 30'53" W., a distance of 295.46 feet to the South line of the said NWl /4 of the NWl /4; thence N. 88'59'14" W., along said South line, a distance of 914.47 feet to the Point of Beginning. Containing 11.241 acres. SECTION 2. • 00 0 0.00 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 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, improvement agreements, if any, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision requirements of the City and any applicable Annexation Agreement 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 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. SECTION 5. The approval of this Ordinance shall not release or discharge or be construed to release or discharge the owner of the herein described real property or the real property from any condition or obligation imposed upon the owner or the real property pursuant to any applicable Annexation Agreement or condition imposed by the Planning and Zoning Commission, except the requirement to provide a landscaped median on Bandera Boulevard. INTRODUCED: April 8, 2002 1111111 Hill11111111111IN111111111111111Hill1111111100 520 00'30P /v:cuco;( BY: Al Gurule COUNCIL PERSON APPROVED: �,i�r- , ; �•..., PRESIDENT OF CITY COUNCIL ATTEST}BYz"�. a r QR1zxv ITY CLERK PASSED AND APPROVED: April 22, 2002 T 12 z� Background Paper for Proposed ORDINANCE DATE: APRIL 8, 2002 AGENDA ITEM # aj 19 1 , 55 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF EL CAMINO 17 FILING SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property of approximately 11 acres into single - family homes in an R -1 zone district? RECOMMENDATION The Planning and Zoning Commission voted 5 -1 to recommend approval of the plat with the condition that a landscaped median be constructed on Bandera Boulevard. BACKGROUND The applicant is proposing to subdivide land for single - family homes in the 17` filing of El Camino. The Planning and Zoning Commission conditioned the approval upon the applicant providing a landscaped median on Bandera Boulevard. The Planning and Zoning Commission voted 5 -1 to recommended approval of the plat. FINANCIAL IMPACT None Reception 1520721 08/19/2003 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on M A V J' p '1 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 EL CAMINO SUBDIVISION, 17th FILING ( "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 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 ". DPW 101 10/21/98 i IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 8/1 03:30F ChrisC.Muncz Puabl OCtyClk &Rec SUBD AG R 81.00 D 0.00 3. The amount of the deposit shalt 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 (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 hnprovements 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. 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 DPW 101 10/21/98 IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 00 Page: 8 /11520721 0 30F 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 (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 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 rear property line of such lots, or the center line of the alley, if there is an DPW 101 10/21/98 4 of 11111 IN 1111111111111111111111111111 08/19/ 03:30F ChrieC.Munoz Pueb1OCtyC1k&Reo BUBD AG R 81.00 D 0.00 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 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 concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and 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. DPW 101 10/21/98 IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 85 30F ChrisC.Munoz PuebloCtyCl Mee SUED AG R 81.00 D 0.00 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. HORIZON COMMUNITIES, INC. a Colorado Corporation Subdi 'der (SEAL) By: ✓ T ��— �_f Robert W. Leach, President The foregoing instrument was acknowledged before me on hA A\/ 1 ' 10Dm 3 by Robert W. Leach, President of Subdivider. HORIZON COMMUNITIES, INC., a Colorado Corporation 11y commission expires: -- I tvl jo or /mot 1J � '•'���'�,�, 21 r+ewvge� i.gNE — _- ��, / Q. ��•O } i :y = 1�UEQ�W� co. 131001 Notary Public CITY OF PUEBLO cipal rporati ident of City Council ATTEST: 0 City STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowled ed before me this 114ki day of M SA by L1 I I I � , as t of City Counci and I Yl ] D a +r V7cr' as City Clerk of the City of o <v. OTAP�1b 6` lorado. y ess my hand and official seal. N yT .° \�:- P O y commission expires: b 'Z� [Ltl F OF COL My Commission Exp6M4A ] Notary Public APPROVED AS TO FORM: City Attorney DPW 101 10/21/98 111111111111111111111111111111111111111 III Hill IIII 1111 Pa ge: 59/0 3 03 :30F �LmuivsiiuN IMPROVEMENTS AGREEMENT EXHIBIT A A portion of the NWi /4 of the NWI /4 of Section 21, Township 21 South, Range 65 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW t/4 of Section 21, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 00 0 26'27" E. and all bearings contained herein being relative thereto. Beginning at the Southwest corner of the said NW 1 /4 of the NW 1 /4; thence N. 00 0 2627" E., a distance of 789.75 feet to the Southwest corner of Lot 6, Block 51 in El Camino Subdivision, 15 Filing, according to the recorded plat thereof; thence S. 89 0 3337" E., along the South subdivision boundary line of said 15 Filing, a distance of 251.68 feet to the Westernmost corner of Lot 37, Block 51 in El Camino Subdivision, 16 Filing, according to the recorded plat thereof; thence Southeasterly, along the South subdivision boundary line of said 16 Filing the following ten (10) courses: 1. S. 32 0 11'51" E., a distance of 168.80 feet; 2. S. 51 0 20'40" E., a distance of 238.31 feet; 3. S. 61 0 22'53" E., a distance of 67.21 feet; 4. S. 21 0 02'52" W., a distance of 180.00 feet; 5. along the arc of a curve to the left whose center bears N. 21 0 02'52" E. and whose radius is 430 feet, a distance of 120.85 feet; 6. S. 85 0 03'19" E., a distance of 2.63 feet; 7. S. 86 0 41'33" E., a distance of 100.00 feet; 8. along the arc of a curve to the right whose center bears S. 86 0 41'33" E. and whose radius is 950 feet, a distance of 18.01 feet; 9. S. 89 0 29'07" E., a distance of 167.82 feet; 10. S. 00 0 30'53" W., a distance of 295.46 feet to the South line of the said NW 1 /4 of the NW 1 /4; thence N. 88 0 59'14" W., along said South line, a distance of 914.47 feet to the Point of Beginning. Containing 11.241 acres. [.1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDMSION 17TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BANDERA PARKWAY PHASE I: 4" Asphalt over 10" Base Course 1140 SY @ $23.50 /SY = $26,790 Curb and Gutter (6" standard) 770 LF @ $10.00 /LF = $7,700 Handicap Ramp (4) 144 SF @ $3.50 /SF $504 Sidewalk (4' detached) 2100 SF @ $2.50 /SF $5,250 WATER 12" PVC Water Main 280 LF @ $40.00 /LF = $11,200 Fire Hydrant Ass'y 1 EA @ $2,700.00 /EA = $2,700 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 2 EA @ $575.00 /EA = $1,150 SIGNAGE T- Intersection (100' R -O -W) 1 EA @ $300.00 /EA = $300 BARRICADES L =24' 1 EA @ $1,125.00 /EA = $1,125 PHASE I - BANDERA PARKWAY - SUBTOTAL $59,319 1520721 IllilllVIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII00 8 919/20 00 3:30; Chrisc -mu 7 SUBDMSION NAME: DEVELOPER: ENGINEER: PASCADERO DRIVE PHASE I: STREETS 3" Asphalt over 6' Base Course Curb and Gutter (Mod. Ramp) WATER 8" PVC Water Main Service SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services IVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" EL CAMINO SUBDMSION 17TH FILING HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 790 SY @ $17.50 /SY = $13,825 370 LF @ $10.00 /LF = $3,700 200 LF @ $40.00 /LF = $8,000 4 EA @ $500.00 /EA = $2,000 83 LF @ $33.00 /LF = $2,739 1 EA @ $2,240.00 /EA = $2,240 4 EA @ $800.00 /EA = $3,200 PHASE I - PASCADERO DRIVE - SUBTOTAL 135,704 1520721 IIIIIIIVIIIIIIIIIVIIIIIIIIIIIII Page: a of Is 000 919/ 0 0003:30[ Ch,i,c,Munoz P SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: EL CAMINO SUBDIVISION 17TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. COSTA MESA DRIVE PHASE I: STREETS 3" Asphalt over 6" Base Course 690 SY @ $17.50 /SY = $12,075 Curb and Gutter (Mod. Ramp) 390 LF @ $10.00 /LF = $3,900 Handicap Ramp (2) 360 SF @ $3.50 /SF $1,260 WATER 8" PVC Water Main 190 LF @ $40.00 /LF = $7,600 Service 2 EA @ $500.00 /EA = $1,000 SANITARY SEWER: 8" PVC Sewer Main 190 LF @ $33.00 /LF = $6,270 48" Manholes 1 EA @ $2,240.00 /EA = $2,240 Services 2 EA @ $800.00 /EA = $1,600 STORM SEWER 30" HDPE Pipe 40 L.F. @ $60.00 /LF = $2,400 24" HDPE Pipe 150 L.F. @ $48.00 /LF = $7,200 Type 1B Manhole 1 EA @ $2,000.00 /EA = $2,000 MONUMENT BOX 2 EA @ $575.00 /EA = $1,150 STREET LIGHT 1 EA @ $1,300.00 /EA = $1,300 IGS NAGE T- Intersection (60' R -O -W) 1 EA @ $200.00 /EA = $200 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE I - COSTA MESA DRIVE - SUBTOTAL $51,020 of Is IIIIIIIVIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 1520721 0 :30; 0 E SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 17TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. DELANO COURT PHASE I: A - 1 14"i 3" Asphalt over 6" Base Course 860 SY @ $17.50 /SY = $15,050 Curb and Gutter (Mod. Ramp) 480 LF @ $10.00 /LF = $4,800 WATER 8" PVC Water Main 230 LF @ $40.00 /LF = $9,200 Service 7 EA @ $500.00 /EA = $3,500 SANITARY SEWER: 8" PVC Sewer Main 208 LF @ $33.00 /LF = $6,864 48" Manholes 1 EA @ $2,240.00 /EA = $2,240 Services 7 EA @ $800.00 /EA = $5,600 STORM SEWER 24" HDPE Pipe 20 L.F. @ $48.00 /LF = $960 Type "S" Inlet L =16' 1 EA @ $5,800.00 /EA = $5,800 Flowable Fill 8 CY @ $65.00 /CY = $520 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 PHASE I - DELANO COURT - SUBTOTAL $56,259 TOTAL PHASE I: $202,302 11111111111111111111111 IN IIIIII IIIIII III IIIIII1111111 ?130; ChrisC 10 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 17TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. COSTA MESA DRIVE PHASE II: 4113941 3" Asphalt over 6" Base Course 1580 SY @ $17.50 /SY = $27,650 Curb and Gutter (Mod. Ramp) 890 LF @ $10.00 /LF = $8,900 Handicap Ramp (2) 360 SF @ $3.50 /SF $1,260 WATER 8" PVC Water Main 450 LF @ $40.00 /LF = $18,000 Service 9 EA @ $500.00 /EA = $4,500 Fire Hydrant Ass'y 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 8" PVC Sewer Main 380 LF @ $33.00 /LF = $12,540 Services 9 EA @ $800.00 /EA = $7,200 48" Manholes 2 EA @ $2,240.00 /EA = $4,480 STORM SEWER 24" HOPE Pipe 130 L.F. @ $48.00 /LF = $6,240 Type 16 Manhole 1 EA @ $2,000.00 /EA = $2,000 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 SIGNAGE T- Intersection (80' R -O -W) 1 EA @ $300.00 /EA = $300 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE II - COSTA MESA DRIVE - SUBTOTAL $100,920 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 0 ji9126 3 I O f 00 60{ IIIIIIIIIIIIIIIII 1 &Rec SUBD AG R 81. C 11 $UBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: MARICOPA DRIVE PHASE II: STREETS 3" Asphalt over 6" Base Course Curb and Gutter (Mod. Ramp) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER 24" HDPE Pipe Type "S" Inlet L =17' Flowable Fill MONUMENT BOX STREET LIGHT BARRICADES L =16' EL CAMINO SUBDIVISION 17TH FILING HORIZON COMMUNITIES, INC. NORTHSTAR AND SURVEYING, INC. 1810 SY @ $17.50 /SY = $31,675 1020 LF @ $10.00 /LF = $10,200 550 LF @ $40.00 /LF = $22,000 10 EA @ $500.00 /EA = $5,000 1 EA @ $2,700.00 /EA = $2,700 453 LF @ $33.00 /LF = $14,949 2 EA @ $2,240.00 /EA = $4,480 10 EA @ $800.00 /EA = $8,000 21 L.F. @ $48.00 /LF = $1,008 1 EA @ $6,100.00 /EA = $6,100 8 CY @ $65.00 /CY = $520 2 EA @ $575.00 /EA = $1,150 2 EA @ $1,300.00 /EA = $2,600 1 EA @ $825.00 /EA = $825 PHASE II - MARICOPA DRIVE - SUBTOTAL $111,207 TOTAL PHASE II: $212,127 1520721 11111 IN 1111111111111111111111111111 ae a/ 19 / 2 0 0 00 36301 12 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 17TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL_ PHASE I: $2 02,302 TOTAL PHASE II: $212,127 TOTAL PROJECT: $414,429 This is an estimate only. Actual construction costs may vary. PREPARED BY: FIRM: M. CUPPY NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the quantities of construction elements shown hereon quantities necessary to construct the Required Public Improvements and wn hereon are the most current unit price provided by the City of Pueblo. Professional Engineer Date (3" 041� S/ City of Pueblo IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III IIIIII III IIII 8 1 520 7 2 1 03 6301 ChrisC.Munoz Pueb10CtyC1k &Rec SUBD AG R 83.00 D 0.00 13 REVIEWED BY: ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the M A y 13 , `L9 ©3 , Subdivision Improvements Agreement for EL CAMINO SUBDIVISION, 17th F ILING (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. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be considered by the Director until the Subdividees engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements. 6. 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 M Ay i ° i 1 'L0O3 HORIZON COMMUNITIES, INC. a Colorado Corporation Subdivider By: Ate*, C' ; ( - —" Robert W. Leach, President By: DPW 103 August 1, 2002 1520721 STATE OF COLORADO ) ss. IIIIII VIII IIIIII VIII IIIIII IIIIII III IIIIII III IIII .008/19/20000 36301 C OU N TY OF PUEBLO ) Ch,jsC.Munoz The foregoing instrument was acknowledged before me this 1 '�) day of MAC , 29 693 by Robert W. Leach, President of Subdivider. HORIZON COMMUNITIES, INC., a Colorado Corporation Witness my hand and official seal. My commission expires: uu '-? 1 A 2p© <P ,,��' �.i•.�� 21 N�w eA�. s , I.AMG •;,�0 ••��F'�•� �AE$l -o 1;,0. 1001 CITY OF PUEBLO, A Municipal Corporation Preside of City Council DPW 103 August 1, 2002 11111 IN 1111111111111111111111111111 8 520 03 0 6301 ChrisC.Munoa Pueb1oCtyC1k6Rec SUBD AG R at .00 D 0.00 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: Block 49, Lots 1 and 2 Block 50, Lots 1 and 2 Block 51, Lots 44 and 45 Block 52, Lots 1 thru 7 (b) Phase II shall consist of the following lots within the Subdivision: Block 51, Lots 46 thru 51 Block 52, Lots 8 thru 12 Block 53, Lots 1 thru 8 DPW 103 3 August 1, 2002