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HomeMy WebLinkAbout08010ORDINANCE NO. 8010 AN ORDINANCE APPROVING INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THUNDERVILLAGE METROPOLITAN DISTRICT RELAT- ING TO REIMBURSEMENT FOR PUBLIC IMPROVEMENTS AND OPERATION AND MAINTENANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The following intergovernmental agreements between the City of Pueblo and ThunderVillage Metropolitan District dated as of April 27, 2009, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. (a) City Improvement Agreement. (b) ThunderVillage Operation and Maintenance. The President of the City Council is hereby authorized to execute and deliver the Agreements in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2 All Resolutions and Ordinances, or parts thereof inconsistent with this Ordinance or with any of the Agreements hereby approved, are repealed only to the extent of such inconsistency. This repealer shall not be construed as reviving any Ordinance or Resolution, or part thereof. SECTION 3 This Ordinance shall become effective upon final passage and approval. A77TSTFD SY: CITY CLERK INTRODUCED: April 27, 2009 BY: Judy Weaver } Councilperson APPR D' } �. PRESIDENTaf Cfty Council PASSED AND APPROVED: May 11, 2009 [PE):! D D ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 25 DATE: APRIL 27, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THUNDERVILLAGE METROPOLITAN DISTRICT RELATING TO REIMBURSEMENT FOR PUBLIC IMPROVEMENTS AND OPERATION AND MAINTENANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council approve intergovernmental agreements between the City and the ThunderVillage Metropolitan District relating to reimbursement for public improvements and the operation and maintenance of public improvements? RECOMMENDATION Approval of the Ordinance. BACKGROUND City Improvement Aareement The purpose of the City Improvement Agreement is to define the eligible Public Improvements and eligible costs for which TIF revenue may be utilized by the ThunderVillage Metropolitan District (ThunderVillage) and to establish priorities for the use of the TIF revenue. These eligible expenditures include improvements of a regional nature associated with impacts related to infrastructure extensions necessitated by expansion of CSU- Pueblo and regional linkages that are required to be enlarged to accommodate future projected expansion of city services. ThunderVillage may issue financing obligations as permitted in this Agreement, the Reimbursement Agreement and the District's Service Plan to pay for eligible costs. The ThunderVillage debt obligations will be used to reimburse property owners and developers for eligible costs plus interest. The agreement requires that property owners and developers be reimbursed in priority based on the date the eligible public Improvements were constructed, that is, first constructed, first reimbursed. Exhibit "A" included as an attachment to the Ordinance describes the types of public improvements that are eligible for reimbursement. Improvements that are eligible for reimbursement generally include sanitary sewer trunk lines not less than 12" in diameter, trunk line and branch sewer lines 8" or larger in diameter that provide connection to CSU- Pueblo, roadways and intersections improvements, including, curb, gutter, sidewalk, handicap ramps, signalization, and signage, CDOT required improvements to the Troy Avenue Interchange with State Highway 47, round -a- bouts, storm water conveyance and detention facilities, trails and bikeways that serve as regional linkages and linkages between CSU - Pueblo and the project area, landscaping along high volume highway right -of -ways within commercial and high density areas to be maintained by ThunderVillage. ThunderVillage Operation and Maintenance Agreement The purpose of the City Maintenance Agreement is to define those public improvements that ThunderVillage is responsible for the operation and maintenance and to set forth applicable operation and maintenance standards. According to the Agreement, ThunderVillage will be responsible for the operation and maintenance of landscaping, streetscapes, trails, bicycle paths, fencing, street medians, entry islands, irrigation facilities and associated water system improvements, themed areas and neighborhood theme signage, and public art which will be located within and along the dedicated right -of -way for expressways, principal arterials, and minor arterials within the boundaries of the ThunderVillage District. The roadways include Troy Avenue, the intersection of State Highway 47 and Troy Avenue, Rawlings Boulevard, Villa Bella Boulevard, Alamosa Boulevard, Drew Dix Drive, Constitution Road, and Baculite Mesa /Pueblo Springs Ranch Parkway. In addition ThunderVillage will operate and maintain detention facilities and landscaping on Parcels A, B, and C of Villa Bella Subdivision Filing 1. Some of the areas with public improvements contemplated as part of this agreement have been previously subdivided, and the maintenance and operational responsibilities of such public improvements may have been delegated to the property owners or property owners association through the applicable City documents. ThunderVillage shall have an obligation to operate and maintain these public improvements according to the terms of this Agreement following the expiration of any applicable warranty period and upon acceptance of these improvements by the ThunderVillage from the appropriate entity. FINANCIAL IMPACT This agreement provides for the cost of operation and maintenance of eligible public improvements to be completed by ThunderVillage upon acceptance of these improvements by the ThunderVillage District. These improvements are generally at a more significant scale than what would be constructed, operated and maintained by the City. The cost impact to the City is to have higher quality improvements accepted for operation and maintenance of ThunderVillage District which will result in the saving of city funds required, if the improvements were maintained by the City. THUNDERVILLAGE OPERATION AND MAINTENANCE INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is entered into as of April 27, 2009, by and between the CITY OF PUEBLO, a Municipal Corporation (hereinafter referred to as the "City "), and THUNDERVILLAGE METROPOLITAN DISTRICT, a Quasi - municipal Corporation and a political subdivision of the State of Colorado (hereinafter referred to as the "District "). Recitals Whereas, on September 22, 2008, the Pueblo City Council adopted a Resolution approving the Service Plan for the ThunderVillage Metropolitan District (the "Service Plan "), which may be amended from time to time; and Whereas, pursuant to the Service Plan the District has been created in part and provides among other things that the District is permitted to levy up to (5) five mills of property tax (as adjusted pursuant to the terms of the Service Plan) for operation and maintenance of certain defined public improvements as set forth in the City Maintenance Agreement; and Whereas, the purpose of the City Maintenance Agreement is to: 1) define those public improvements for which the District shall have responsibility for operation and maintenance and 2) set forth applicable operation and maintenance standards. Now therefore, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the parties agree to the terms hereinafter set forth. Covenants and Agreements A) The District hereby agrees to operate and maintain by or caused to be operated and maintained the following public improvements: i) Landscaping, streetscapes, trails, bicycle paths, fencing, street medians, entry islands, irrigation facilities and associated water system improvements, themed areas and neighborhood theme signage, and public art which will be located within and along the dedicated right -of -way for expressways, principal arterials, and minor arterials within the boundaries of the District including without limitation: Troy Avenue, intersection of State Highway 47 and Troy Avenue, Rawlings Boulevard, Villa Bella Boulevard, Alamosa Boulevard, Drew Dix Drive, Constitution Road, and Baculite Mesa/Pueblo Springs Ranch Parkway. ii) Detention facilities and landscaping on Parcels A, B, and C Villa Bella Subdivision Filing 1, also commonly known as detention basins 2, 3, & 4. iii) The Parties acknowledge that certain areas which include public improvements contemplated for District maintenance herein have been subdivided, and maintenance and operational responsibilities of such public improvements may have been delegated to the property owners or property owners association through the applicable City documents. The District shall have an obligation to operate and maintain such public improvements pursuant to the terms of this Agreement at the expiration of any applicable warranty period only upon acceptance of such improvements by the District from the appropriate entity. Upon acceptance by the District, operation and maintenance responsibilities shall pass to the District and all such public improvements shall be identified on the Operational Map described in Section D of this Agreement. B) The District hereby agrees to the following operation and maintenance standards: i) Operation and maintenance for the public improvements will not commence until the improvements are installed and accepted by the District. ii) The District will use its best efforts to operate and maintain public improvements in a good workman like manner within the funding limitations of the (5) five mill ad valorem authorization under the Service Plan. iii) The District shall operate, maintain, repair, replace, or remove the public improvements, in compliance with the City's standards and requirements of the PUD Development Guides for the various individual developments within the District. iv) By entering into this Agreement, the District represents and agrees that it has been authorized in a duly conducted TABOR election to enter into this Agreement as a binding, multi -fiscal year financial obligation. V) Notwithstanding anything contained herein to the contrary, the parties agree that to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, illegality, act of God, or any cause beyond the control of the District, or strikes or labor trouble affecting the District (whether or not in the power of the District to settle the same), prevents or delays the performance by the District under this Agreement, the District shall be relieved of the consequences thereof without liability, so long as and to the extent that the District's performance is prevented by such cause; provided, however, that the District shall exercise due diligence in its efforts to resume performance within a reasonable period of time. vi) District shall reimburse City for all charges incurred by or billed to City for water services and /or electric services with respect to landscaping and streetscapes shown on attached Exhibit "A." C) The City hereby agrees to operate and maintain all public improvements within the District as are normally and customarily operated and maintained by the City, other than those improvements to be operated and maintained by the District under this Agreement and those to be operated and maintained by the property owners or property owners association through the applicable City documents. The City's responsibility for operation and maintenance shall at all times be subject to dedication and acceptance by the City under the rules and regulations of the City and applicable provisions of the City's ordinances. i) To the extent that any of the obligations of the City contained in this Agreement are or should be considered multiple - fiscal year obligations, such obligations are contingent upon funds for that purpose being budgeted, appropriated and otherwise made 2 available. Failure of the City Council to make any appropriation necessary to further the purposes of this Agreement shall not be construed to be a default by City hereafter and shall not relieve the District of any further obligations under this Agreement. D) The Parties agree within one hundred twenty (120) days after execution of this Agreement, and on an annual basis, not later than June 30 of each subsequent year, to coordinate in the preparation of a map that identifies the public improvements for which the District has operational and maintenance responsibilities hereunder (the "Operational Map "). The Operational Map shall show the location of all potential public improvements for which the District has operational and maintenance responsibilities, including the public improvements described in Sections A(i) and (ii), and shall further specifically identify all public improvements that have been accepted for maintenance responsibility by the District under Section A(iii) and those public improvements that have been specifically delineated as a District responsibility through the City subdivision process and PUT) Development Guides. E) Governing Law and Enforceability This Agreement shall be construed in accordance with the laws of the State of Colorado, and exclusive venue shall be in the District Court of the County of Pueblo, State of Colorado. The Parties recognize that there are legal constraints imposed upon the City by constitutions, statutes, rules, and regulations of the State of Colorado and of the United States and imposed upon it by the City Charter and the Pueblo Municipal Code, and that subject to such constraints, the Parties intended to carry out the terms and conditions of this Agreement. F) Assignment. Neither Party may assign this Agreement without the other Party's prior written consent. G) Waiver No waiver by either of the Parties of any term or condition of this Agreement shall be deemed to be or shall be construed as a waiver of any other term or condition of this Agreement, nor shall any waiver of a breach of any provision of this Agreement be deemed to constitute a waiver or any subsequent breach of the same provision. H) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. I) Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the Parties. J) Severability In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. K) Headings Paragraph headings used in this Agreement are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Agreement. 3 L) Good Faith of Parties In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. M) Indemnification To the extent authorized by law, District shall indemnify, save, and hold harmless the City, its officers, employees and agents, against any and all claims, damages, liability, court awarded costs, expenses and reasonable attorney fees incurred directly or indirectly, as a result of any act or omission by District or its officers, employees, agents, subcontractors, or assigns. N) Default If either Party shall default in the performance of any provision of this Agreement on its part to be performed, the non - defaulting party may seek any remedy available at law or in equity, including damages, court costs, expenses of litigation and reasonable attorney fees. Neither Party shall have the right to recover special, consequential, exemplary or punitive damages. No officer, employee or agent of the City or District shall be personally liable under this Agreement. O) Notices Written notices required under this Agreement and all other correspondence between the Parties shall be directed to the following and shall be deemed received when hand- delivered or three (3) days after being sent by certified mail, return receipt requested: i) If to the City: Jerry Pacheco, Acting City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 With a copy to: City Attorney's Office Attn: Thomas E. Jagger 503 N. Main Street, Suite 127 Pueblo, CO 81003 ii) If to District: ThunderVillage Metropolitan District Attn: Dan DeRose 504 N. Grand Ave. Pueblo, CO 81003 4 With a copy to: White, Bear and Ankele Professional Corporation c/o Kristen Bear 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 P) Construction of Agreement This Agreement shall be construed according to its fair meaning as if prepared by both Parties and shall be deemed to be and contain the entire understanding of the Parties. Q) No Third -Party Beneficiaries This Agreement is intended to describe the rights and responsibilities only as to the Parties. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not a Party hereto. R) Parties Not Partners Notwithstanding any language in this Agreement or any other Agreement, representation, or warranty to the contrary, the relationship between the parties is purely contractual, and the parties are not nor shall they be deemed to be partners or joint venturers, and neither party shall be responsible for any debt or liability of the other party. S) Governmental Immunity. Nothing in this Agreement shall be construed to constitute a waiver, in whole or in part, of any of the City's or the District's rights and protections under the Colorado Governmental Immunity Act, §§ 24 -10 -101, et seq., C.R.S., as amended from time to time. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: =' City Crk _ APPROVED AS TO FORM: CITY OF PUEBLO, COLORADO, By: President of the City Council THUNDERVILLAGE METROPOLITAN DISTRICT By l L.- \ Z' Name: Title: aq P'i ATTEST: By: Name Title Date (Draft: 4 -14 -2009) Exhibit \� } com_m1w offimcomm /� \ Ing - � . yyws ... w ..a. Urban (� y com_m1w offimcomm /� \ - � � (� L - � »� com_m1w offimcomm /� \ CITY IMPROVEMENT AGREEMENT This Intergovernmental Agreement ( "Agreement ") entered into as of April 27, 2009 by and between the CITY OF PUEBLO, a municipal corporation ( "City ") and THUNDERVILLAGE METROPOLITAN DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado ( "District "). RECITALS A. On September 22, 2008 the City Council of City adopted a Resolution approving the Service Plan for ThunderVillage Metropolitan District ( "Service Plan"). B. Pursuant to the Service Plan the District is authorized, subject to the terms and provisions of this Agreement, to utilize TIF Revenue (hereinafter defined) for Eligible Public Improvements (hereinafter defined). C. The purpose of this Agreement is to (i) define Eligible Public Improvements and Eligible Costs for which TIF Revenue may be utilized by District, and (ii) establish priorities for utilization of the TIF Revenue. AGREEMENT In consideration of the foregoing Recitals, mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and District agree as follows: 1. Definitions. Unless a contrary meaning is clearly stated, the following terms shall have the following meaning: (a) "Authority" means the Urban Renewal Authority of Pueblo, Colorado. (b) "Authority Fee" means the fee retained by the Authority out of the TIF Revenue for costs and expenses incurred by the Authority in carrying out and administering the Urban Renewal Plan. (c) "District Property TIF" means the property tax revenues calculated, produced, allocated and paid to the Authority as a result of (a) the District's up to five (5) mill levy (as adjusted pursuant to the Service Plan) to pay the necessary and reasonable operating and maintenance expenses of the District, and (b) the District's up to ten (10) mill levy (as adjusted pursuant to the Service Plan) for construction of any part of the infrastructure necessary for the interchange at State Highway 47 as same may be required by the Colorado Department of Transportation and/or the City approved development plans. (d) "Eligible Costs" means the reasonable and necessary costs of financing, planning, designing, acquisition;'construction, installation, relocation and or redevelopment of the Eligible Public Improvements. (e) "Eligible Public Improvements" means the public improvements described in Exhibit "A" attached hereto and incorporated herein. (f) "TIF Revenue" means the annual ad valorem property tax revenue the Authority receives each year from the Pueblo County Treasurer in excess of the amount produced by the levy of those taxing bodies that, levy property taxes against the base assessed value of taxable property in the Urban Renewal Area, as such base is adjusted from time to time by the Pueblo County Assessor in accordance with Section 31 -25- 107(9), C.RS., and regulations of the Property tax Administrator of the State of Colorado, less the Authority Fee and District Property TIF, and any funds offset by the Pueblo County Treasurer or placed in a reserve fund by the Authority as mandated by Section 31- 25- 107(9)(Ill), C.R.S. (g) "Reimbursement Agreement" means the Reimbursement Agreement by and between the Authority and District. (h) "Urban Renewal Plan" means the ThunderVillage Urban Renewal Plan for the ThunderVillage Urban Renewal Project which was approved by City Council of City on February 25, 2008. 2. Use of TIF Revenue District shall use and expend TIF Revenues for the sole and only purpose of paying Eligible Costs. 3. District Debt Obligations In order to pay Eligible Costs, the District may issue financing obligations as are permitted under this Agreement, the Reimbursement Agreement and the Service Plan ( "District Debt Obligations "). Interest on District Debt Obligations shall not exceed seven percent per annum (7 %). District Debt Obligations will include financing obligations payable to property owners and developers for purposes of reimbursing them for Eligible Costs plus interest. Property owners and developers shall be reimbursed in priority based on the date the Eligible Public Improvements were constructed, that is, first constructed, first reimbursed. 4. Condition Precedent As a condition precedent to District's payment or reimbursement for Eligible Costs, District shall certify to the Authority the actual amount of Eligible Costs in accordance with procedures adopted by the Authority. 5. Default If either party shall default in the performance of any provision of this Agreement on its part to be performed, the non - defaulting party may seek any remedy available at law or in equity, including damages, court costs, expenses of litigation, and reasonable attorney fees. Neither party shall have the right to receive special, consequential, exemplary or punitive damages. No officer, employee or agent of the City or District shall be personally liable under this Agreement. 6. Governing Law and Enforceability This Agreement shall be construed in accordance with the laws of the State of Colorado, and exclusive venue shall be in the District Court of the County of Pueblo, State of Colorado. The parties recognize that there are legal constraints imposed upon the City by constitutions, statutes, rules, and regulations of the State of Colorado and 2 of the United States and imposed upon it by the City Charter and the Pueblo Municipal Code, and that subject to such constraints, the parties intended to carry out the terms and conditions of this Agreement. 7. Assignment Neither party may assign this Agreement without the other party's prior written consent. 8. Waiver No waiver by either of the parties of any term or condition of this Agreement shall be deemed to be or shall be construed as a waiver of any other term or condition of this Agreement, nor shall any waiver of a breach of any provision of this Agreement be deemed to constitute a waiver or any subsequent breach of the same provision. 9. Binding Effect This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. 10. Entire Agreement This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. 11. Severability In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 12. Headings Paragraph headings used in this Agreement are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Agreement. 13. Indemnification To the extent authorized by law, District shall indemnify, defend, save and hold harmless the City, its officers, employees and agents, against any and all claims, damages, liability, court awarded costs, expenses and reasonable attorney fees incurred, directly or indirectly, as a result of any "act or omission of District or its officers, employees, agents, subcontractors or assigns. 14. Notices Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand - delivered or three (3) days after being sent by certified mail, return receipt requested: i) If to the City: Jerry Pacheco, Interim City Manager City of Pueblo I City Hall Place Pueblo, CO 81003 With a copy to: City Attorney's Office Attn: Thomas E. Jagger 503 N. Main Street, Suite 127 Pueblo, CO 81003 ii) If to District: ThunderVillage Metropolitan District Attn: Dan DeRose 504 N. Grand Ave., Pueblo, CO 81003 With a copy to: White, Bear and Ankele c/o Kristen Bear 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 15. Construction of Agreement This Agreement shall be construed according to its fair meaning as if prepared by both parties and shall be deemed to be and contain the entire understanding of the parties. 16. No Third -Party Beneficiaries This Agreement is intended to describe the rights and responsibilities only as to the parties. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not a party hereto. 17. Parties not Partners Notwithstanding any language in this Agreement or any other Agreement, representation, or warranty to the contrary, the relationship between the parties is purely contractual, and the parties are not nor shall they be deemed to be partners or joint venturers, and neither party shall be responsible for any debt or liability of the other party. 18. Governmental Immunity Nothing in this Agreement shall be construed to constitute a waiver, in whole or in part, of any of the City or the District's rights and protections under the Colorado Governmental Immunity Act, § § 24 -10 -101, et seq., C.R.S., as amended from time to time. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF PUEBLO, COLORADO, By: ATTEST City rk L APPROVED AS TO FORM: City Attor e President of the City Council THUNDERVILLAGE METROPOLITAN DISTRICT By: =�� NIL Name: e Title: ATTEST: By: Name Title Date EXHIBIT A PUBLIC IMPROVEMENTS ThunderVillage Urban Renewal Area Reimburse ment Category Description Location Percentage Sanitary Sewer Sanitary Sewer Trunk Lines not less Between Constitution Road to Stadio Way 100% A -1 than 12" in diameter Trunk Line and Branch sewer lines 8" or Rawlings Blvd. between the CSU- Pueblo 100% larger in diameter that provide and Troy Avenue connection to CSU - Pueblo Troy Avenue and Joe Garcia Way between 100% Stadio Way and CSU - Pueblo Troy Avenue and Villa Bella Blvd., between 100% Joe Garcia Way and CSU - Pueblo Alamosa Blvd. and Troy Avenue, between 100% CSU - Pueblo and the sanitary sewer trunk Line Transportation All roadways and intersections Troy Avenue between Roma Way and State 100% A -2 improvements, including, curb, gutter, Hwy 47 sidewalk, handicap ramps, signalization, and signage. Rawlings Blvd. between CSU - Pueblo and ThunderBowl Drive 100% Rawlings Blvd. between Lucca Drive and 25% Pueblo Springs Ranch Parkway Troy Avenue between Stadio Drive and Villa 100% Bella Blvd. Alamosa Drive. From Bartley Blvd. to 25% eastern boundary of the Urban Renewal Project Area Bartley Blvd. between Bonforte Blvd. and 25% Alamosa Drive. Villa Bella Blvd. between Walking Stick 25% Blvd. and Baculite Mesa Drive Pueblo Springs Ranch Parkway 25% Villa Bella Blvd. between Walking Stick 25% Blvd. and Baculite Mesa Drive Anticipated CDOT required All costs associated with the planning, 100% improvements to the Troy Avenue design, acquisition, construction, Interchange with State Highway 47 installation, relocation, redevelopment, and /or financing of improvements. 100 % less the Metropolitan District's 10 mills. Round -a- bouts. Completed and planned Intersection of Troy Avenue and Rawlings 100% round -a -bouts that primarily serve Blvd, between ThunderBowl Drive and commercial areas within the project area. Lucca Drive, and Roma Way and Stadio Wa Intersection of Villa Bella and Walking Stick 60% Blvd. Intersection of Alamosa Blvd. and Bartley 60% Blvd. Storm Storm water conveyance and detention CSU- Pueblo /Alamosa Drive storm water 100% Drainage facilities that are designed to transport conveyance and detention facilities from A -3 and detain storm water run off from CSU- CSU - Pueblo to the detention pond north of Pueblo and /or two (2) or more State Hwy 47 subdivisions /PUD, including both storm water piping and swales CSU - Pueblo /Rawlings storm water conveyance and detention facilities from 100% CSU - Pueblo to the detention pond north of Hwy 47 CSU - Pueblo north of the Neta and Eddie 100% DeRose Stadium storm water conveyance and detention facilities from CSU - Pueblo to the detention pond north of State Hwy 47 CSU - Pueblo /Nets and Eddie DeRose 100% Stadium storm water pipe along Rawlings Blvd. from the Stadium to the East Dry Creek Arroyo to the detention pond north of State HM 47 Public Access Public access trails and bikeways that East Dry Creek Arroyo Regional Trail 100% Trails and serve as regional linkages and linkages through the Urban Renewal Project Area Bikeways A-4 between CSU - Pueblo and the project area. Including Striping and Signage. Troy Avenue on system bikeway from Drew Dix Drive to Villa Bella Blvd. o 100% Rawlings Blvd. on and off system bikeway 100% from East Dry Creek Arroyo Regional Trail system to CSU - Pueblo Public Landscaping located primarily within high Troy Avenue between Drew Dix Drive and 100% Landscaping volume highway right -of -ways within Villa Bella Blvd. and Streetscaping A -5 commercial and high density areas that are to be maintained by the ThunderVillage Metropolitan District. Drew Dix between the eastern boundary of the Urban Renewal Project Area and Troy Avenue. 100% Alamosa Drive between the east Dry Creek 100% Arroyo Crossing and Bartley Blvd. Rawlings Blvd. between Troy Avenue and 100% Baculite Mesa Drive /PSR Parkway Pueblo Springs Ranch Parkway and 100% Baculite Mesa Drive between Villa Bella Blvd. and the southern boundary of the Urban Renewal Project Area Streetscape improvements located Rawlings Boulevard between Lucca Drive 100% primarily within the rights -of -ways within and the University. the commercial areas whose primary purpose is to enhance and facilitate pedestrian activities, including ornamental lighting, benches, public art, specialty paving, handicap access and Troy Avenue between Roma Way and Stadio Way, 100% West side of Troy Avenue between Stadio Way and Joe Garcia Way. 100% North side of Roma Way between 100% ramps, landscaping, and other such improvements. ThunderWolf Drive and Lucca Drive. ThunderWolf Drive between Roma Way 100% and Rawlings Boulevard. ThunderAlley Drive between Roma Way 100% and Rawlings Boulevard. ThunderBowl Drive between Roma Way and Joe Garcia Way. 100% Stadio Way between ThunderBowl Drive and Troy Avenue. 100% Southside of Stadio Drive between Troy Avenue and Lucca Drive. 100% Joe Garcia Way between the University and Troy Avenue. 100% West side of Lucca Drive between Roma Way and Stadio Way. 100% Planning and Design Includes Planning and Design costs associated with all eligible improvements. Sanitary Sewer 60% Transportation 60% Drainage 60% Public Access Trails and Bikeways 60% Public Landscaping and Streetscaping 60% Exhibit A -1 tT I II p a �.a♦ ���1� Y.Y 4 1 4 I II 10 0 1 , 1 1 i , ! 4 4 F 3 r } e i fi f ) 5 IA ..,1 1 1 i " t 1y . R q��� l �4'�Y 1t 'f { 'Y ciP$,! I �ei Ml p ' N Fj Exhibit A -3 Exhibit A -4 Exhibit A -5