HomeMy WebLinkAboutGeorge S. Johnston� ^
PUBLIC IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 10th of June, 2003, by and between 1,07-
the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation
(the "City"), and George S. Johnston , (the "Developer"), together referred to
as the "Parties".
The Developer is the owner of certain real property located in the City of
Wheat Ridge, which is more particularly described in Exhibit A attached hereto
and made a part hereof (the "Property"), commonly known as 12701 W. 42n
On 8, 2003, the City of Wheat Ridge, after the required review
process, approved a building permit for the Property located at 12701 W. 42
The approvals cited above are contingent upon the express condition that
the Developer faithfully perform all duties created by this Agreement,
covenants contained herein, the sufficiency of which are mutually acknowledged,
the parties hereto agree as follows:
PUBLIC IMPROVEMENT AGREEMENT 04/03 RECEPTION NO. F1796359
7/03/2003 14:05-52 PG- 001-013
PAGE FEE: 66.00 DOC.FEE- 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
1 # LOS& I
The Developer shall warrant any and all Public Improvements for a period
of two (2) years from the date the Director certifies that the Public Improvements
conform with specifications approved by the City. Specifically, but not by way of
limitation, the Developer shall warrant the following:
pil 11 � I I
(b) Any and all facilities conveyed shall be free from any security
interest or other lien or encumbrance; and
(c) Any and all facilities so conveyed shall be free of defects in
materials or workmanship for a period of two (2) years as stated
above.
(d) To the degree the Developer is required to install and maintai
landscaping on public or private property, it is the oblic, I
writing, executed with the same formalities as this instrument. Subject to the
conditions precedent herein, this Agreement may be enforced in any court of
competent jurisdiction.
16. Release of Liabifty. It is expressly understood that the City cannot
be legally bound by the representations of any of its agents or their designees
except in accordance with the City of Wheat Ridge Code of Ordinances and the
laws of the State of Colorado.
17. Captions. The captions to this Agreement are inserted only for the
purpose of convenient reference and in no way define, limit, or prescribe the
scope or intent of this Agreement or any part thereof.
18. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors, and
assigns as the case may be.
19. No Waiver. No waiver of any of the provisions of this Agreement
shall be deemed or constitute a waiver of any other provisions herein, nor shall
such waiver constitute a continuing waiver unless otherwise expressly provided,
nor shall the waiver of any default hereunder be deemed a waiver of any
subsequent default hereunder.
21. Governing Law. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party
institute legal suit or action for enforcement of any obligation contained herein,
venue of such suit or action shall be in Jefferson County, Colorado.
22. Attorneys Fees. Should this Agreement become the subject of'
litigation to resolve a claim of default of performance or payment by the
Developer and a court of competent jurisdiction finds in favor of the City, the
Developer shall pay the City's attorney's fees and court costs.
Notice to Developer: Notice to Cityi
Director of Public Works
7500 West 29 Avenue
Wheat Ridge, GO 80033
25. Assiqnment or Assignments. There shall be no transfer •
assignment • any • the rights • obligations of the Developer un•-
'• - out the prior written approval of the City.
26. Recording • Agreement. This Agreement shall be recorded in the
real estate records of Jefferson County and shall be a covenant running with the
Property in order to put prospective purchasers or other interested parties on
notice as to the terms and provisions hereof. I
WHEREFORE, the patties hereto have executed this Agreement • the day and
year first above written.
-0
ATTEST:
M M # M. Ponar, • P
STATE 1 M Vt koVLVKA U
COUNTY OF — 0 — ' Frf e S i)"'j
M
The foregoing instrument was acknowledged before me this day of
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FJOIIIII
WOMAN; I MA gel 11 0 1
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EXHIBIT B /P
Z E I L E R - P E N NO C K 9 INC -10 H A
A R C H I T E C T S E N G I N E E R S
PMCIPA" fl-mitct: Hector=JQhn2tQn Cmtruction Date: November 14, 2002
PAUL lk PENNOCK
W KELLY OLIVER Job No.: Z02-119
)OHNC HELLGPF-N Prep. By: WJL
Owner: Hector-Johnston Construction, Inc.
12701 W. 42nd Avenue
Wheat Ridge, CO
Description: Engineers Cost Estimate of Public Improvements
Any estimations of prices, probable project costs or construction costs rendered by Zeiler-Pennock, lncJOHA represents
a best judgment and are furnished for information only, Zeiler- Pennock, Inc,10FIA makes
no warranty of guarantee,
either
expressed or implied as to the accuracy of such opinions as compared to bid or actual costs,
Topic No, ITEM UNITS QUANTIT
PRICE
AMOUNT
Water 1 Asphalt Patching for Water Tons 2
$ 36.00
$
72,00
Total =
$
72.00
Storm I Curb Inlets w/ Hardware EX 1
$1,280.00
$
1,280.00
Total =
$
1,280,00
Street I Asphalt Patching Tons 15
$ 36.00
$
540.00
Imprvmnts 2 Curb & Gutter w/ 4' sidewalk LF. 342
$ 19,89
$
6,802.38
3 8` Cross Pan E.A. 30
$ 35.50
$
1,06&00
4 Intersection Access Ramp E.A. 22
$ 26,50
$
583,00
5 No Parking Signs E.A. 3
$ 150,00
$
450.00
Total =
$
9,440,38
Total Public Improvements = $ 10,792.38
Z 1 4CIF. 10
2727 BRYANT ST. SUITE 600 DENVER. CO $0211 (303) 455-3322 FAX (303)45$-3709
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COMPANY
Hector-Johnston Consuuction Co-
ADDRESS
2006 Bryant St.
CrI`Y/STATE
Denver, CO 80211
P14ONE NO.
303-480.3390
FAX NO.
303490-9344
ADDRESS 12701 W. MII Ave.
CITY/STATE Wheat Ridge, •
DATE OF PLANS
BY
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M • T MT MT T—r=i v
completion • the work as follows
A-FAST PATCK INC. by
Date: Signature:
Gentlemen:
We hereby authorize you to draw on us for the account of George S. Johnston.
whose address is 122 Pine Road, Evergreen, CO 80439, up to an aggregate amount of
Thirteen Thousand Four Hundred Ninety and 48/100 ($13,490.48) available by your
draft(s) at sight to guaranty the construction and completion of the Road Improv-
! - at 12701 W. 42" Avenue, Wheat Ridge, CO 80422
Each draft presented under this Letter of Credit must state that it is drawn under
PEAK NATIONAL BANK LETTER OF CREDIT NUMBER 70494 dated January 8, 2003,
and the amount endorsed on this Letter of Credit.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts
drawn under and in compliance with the terms of this credit that such drafts will be duty
honored upon presentation to the drawee,
•
(303) 216-9999 # 770 Heritage Rd. # Golden, Colorado 80401
11 b A O 1 r
L
Fours very truly,
7 �AITIONAL BANK
Byw: 1pltf Z:;
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