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HomeMy WebLinkAboutJefferson County Housing AuthorityWig THIS AGREEMENT made this 2nd of July, 2004, by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (t - and Jefferson Coun!y Housing Authority, (the "Developertogether referred to as the "Parties". RECITALS: The Developer is the owner of certain real property located in the City d Wheat Ridge, which is more particularly described in Exhibit A attached heret and made a part hereof (the "Propertycommonly known as 7490 West 45 th Avenue (lot 3 Ace Hardware Lot 2 Subdivision). On July 2, 2004 the City of Wheat Ridge, after the required review process, approved a building permit for the Property located at 7490 W. 45th Avenue. The approvals cited above are contingent upon the express condition that the Developer faithfully perform all duties created by this Agreement. F-ATCU19:01fil NOW, therefore, for and in consideration of the mutual promises and I covenants contained herein, the sufficiency of which are mutually acknowledgell the parties hereto agree as follows: 1 Purpose, The purpose of this Agreement is to set forth the terms and conditions for development of the Property, All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. I Tifl- t"; app.licable, title comi'm ifts'ient for it'lle Property shail b provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretio may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 4. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue ris These remedies include, but are not limited to: I PUBLIC IMPROVEMENT AGREEMENT 04/03 RECEPTION NO. F2077644 : 001-009 8/12/2004 14:39:25 PG PG FEE: 46.00 STATE DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY COLORADO (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity, Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph. The Developer may cure the breach described in the notice during said thirty -day period. 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: (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 stat above. I PUBLIC IMPROVEMENT AGREEMENT 04/03 - 2 - (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growi I season(s). The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 6. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at De expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. The City shall make approval only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director and his authorized representatives shall have free access to the work at all times. The Director, or his designee, will make periodic observations of construction (sometimes commonly referred to as "supervision"), The purpose of these observations and construction checking is to determine if the work is being performed in accordance with the plans and specifications. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 7. Comoletion of Public Improvements. The obligations of the Developer provided for in paragraph 5 of this Agreement, including the inspections hereof, shall be performed on or before July 2, 2005 and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the Director or designee, shall inspect the Improvements. The Developer shall make all corrections necessary to bring the Improvements into conformity with the approved documents. Once approved by the Director, the City shall accept said Improvements upon conveyance. 8. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and PUBLIC IMPROVEMENT AGREEMENT 04/03 -3- The Developer shall pay all property taxes on the Property dedicated to the City, if any, and shall indemnify and hold harmless the City for any property tax liability. 14. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. PUBLIC IMPROVEMENT AGREE,*AENT 04/03 -5- communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in 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 Liat�&. 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 !,aws of the State of Colorado. 6 17. Caption . 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 Rigation to resolve a claim of default of performance or payment by the Neveloper and a court of competent jurisdiction finds in favor of the City, the 1eveloper shall pay the City's attorney's fees and court costs. PUBLIC IMPROVEMENT AGREEMENT 04/03 -6- 1030M 7" "', - i f Director of Public Works 7500 West 29 Avenue 7 Wheat Ridge, CO 80033 25. Assignment • Assignments. There shall • no transfer or 2&,riVPrrmX 1-6ye4Ver wrtteymWft Agreement without the prior written approval • the City. - ffl •- Property in order to put prospective purchasers or other interested parties on notice as to the terms and•• : eof. PUBLIC IMPROVEMENT AGREEMENT 04/03 -7- WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. VA STATE OF COLORADO ss. COUNTY OF 4h The foregoing instrument was acknowledged before me this day of 2001, by r-4 It3 0 1 c 1 10 as -P-Xjacu�lue. DIMS061* ins I/ 'y pmz�� Al My commission expires: i2a-J3-06- PUBUC IMPROVEMENT AGREEMENT 04103 -8- Exhibit A Lot 3 of the Ace Har(htm-e Lot Two Subdivision Plat, more commonly known as 7490 West 45"' Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. q