HomeMy WebLinkAbout3400 Wadsworth11IIIIII1IIIIIII111IIIIII111 R $61.00
D $0.00
2010038913 SUBAGR
05/07/2010 11:03:09 AM 12 Page(s)
Jefferson County, Colorado
D SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 8th of April, 2010 by and between the CITY OF
WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City "), and
(the "Developer "), together referred to as the 'Parties ".
RECITALS:
The Developer is the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A and made a part hereof (the
'Property "), commonly known as 3400 Wadsworth Minor Subdivision.
On March 18, 2010 the Planning Commission of the City of Wheat Ridge, after
holding all required public hearings, approved the final plat for the Property titled
3400 Wadsworth Minor Subdivision. A copy of the Final Plat is attached hereto as
Exhibit B and incorporated herein.
The approvals cited above are contingent upon the express condition that all
duties created by this Agreement be faithfully performed by the Developer.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the parties hereto
. agree as follows:
1. Purpose The purpose of this Agreement is to set forth the terms,
conditions, and fees to be paid by the Developer upon subdivision of the Property. All
conditions contained herein are in addition to any and all requirements of the City of
Wheat Ridge Subdivision Ordinance and Zoning Ordinance, 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.
2. Fees. The Developer hereby agrees to pay City Development Review
fees to the City for engineering, hydrological, surveying, legal, and other services
rendered in connection with the review of the subdivision of the Property.
3. Title Policy A title commitment for the Property shall be 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 of 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 discretion, may accept any dedication regardless of
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
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 Council
shall be notified immediately and 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 risk.
These remedies include, but are not limited to:
(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 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 during which thirty day period the
Developer may cure the breach described in the notice.
5. Public Improvements and Warranty All improvements, including curb,
gutter and sidewalk, and necessary appurtenances as shown on the subdivision plat
and the associated construction documents (the "Public Improvements" or
"Improvements ") as approved by the Director of Public Works or designee of the City,
shall be installed and completed at the expense of the Developer within the timeframes
set forth on Exhibit C. The Public Improvements required by this Agreement and
approved by the Director of Public Works of the City, the timeframes for construction of
the Improvements and the itemized costs of these Improvements are set forth on
Exhibit C if applicable. All Public Improvements covered by this Agreement shall be
made in accordance with the regulations and construction standards for such
improvements and approved by the Director of Public Works of the City. It is
understood by the Parties that the description of the Public Improvements may be
general in nature, and that reasonable modifications of the scope, nature, costs, and
similar aspects of the Public Improvements may be necessary to secure final approval
of the Public Improvements. The quantities and locations for the Public Improvements
are based on information that was available at the time of approval of the Final Plat.
Additional Public Improvements may be required, and Developer shall be responsible
for submitting revisions to the Final Plat approved by the City.
SUBDIVISION IMPROVEMENT AGREEMENT 05101 2
The Developer shall warrant any and all Public Improvements which are
conveyed to the City pursuant to this Agreement for a period of two (2) years from the
date the City's Director of Public Works certifies that the same conform with
specifications approved by the City. Specifically, but not by way of limitation, the
Developer shall warrant the following:
(a) That the title conveyed shall be marketable and its transfer rightful;
(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 maintain
landscaping on public or private property, it is the obligation of Developer
to maintain the required landscaping for two (2) growing 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 the Developer's 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.
Such approval shall be made by the City, 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 shall, within a reasonable time after presentation, make decisions in
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of this Agreement, the master plan and
specifications. All such decisions of the Director shall be final.
The Director shall make all determinations of amounts and quantities of work
performed hereunder. To assist him in this work Developer shall make available for
inspection any records kept by Developer.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 3
The Director shall make all determinations of amounts and quantities of work
performed hereunder. To assist him in this work Developer shall make available for
inspection any records kept by Developer.
The Director and his authorized representatives shall have free access to the
work at all times, and Developer shall furnish them with facilities for ascertaining
whether the work being performed, or the work which has been completed, is in
accordance with the requirements of the Agreement.
The Director will make periodic observations of construction (sometimes
commonly referred to as "supervision "). The purpose of these observations and
construction checking is to determine the progress of the work and to see if the work is
being performed in accordance with the plans and specifications. He will in no way be
responsible for how the work is performed, safety in, on, or about the job site, methods
of performance, or timeliness in the performance of the work.
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 inspectors will not be authorized to alter
the provisions of this Agreement or any specifications or to act as foreman for
Developer. 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. Completion of Public Improvements The obligations of the Developer
provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be
performed on or before the issuance of a C.O. for new construction on Lot 2,
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 City's Director of Public Works or designee, shall inspect the
Improvements and certify with specificity its conformity or lack thereof to the City's
specifications. The Developer shall make all corrections necessary to bring the
Improvements into conformity with the City's specifications. Once approved by the
City's Director of Public Works, the City shall accept said Improvements upon
conveyance; provided, however, the City shall not be obligated to accept the Public
Improvements until the actual costs described in this Agreement are paid in full by the
Developer.
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 shall provide and maintain all
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 4
passageways, guard fences, lights and other facilities for protection required by public
authority or local conditions.
Developer shall be responsible for damage to any public and private property on
and adjacent to the site of Developer's Improvements caused by negligent or willful acts
of Developer, its agents or subcontractors. Developer shall take all reasonable effort
necessary to prevent damage to pipes, conduits, and other underground structures and
to overhead wires, and to water quality. Developer shall protect carefully from
disturbance or damage all land monuments and property marks until an authorized
agent of the City has witnessed or otherwise referenced their location, and shall not
remove them until directed. When any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect or misconduct
in the construction of Improvements, or in consequence of the non - execution thereof on
his part, such damaged property shall be restored by Developer at its own expense to a
condition similar or equal to that existing before such damage or injury.
Developer shall at all times, whether or not so specifically directed by the
Director, take necessary precautions to insure the protection of the public. Developer
shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable
and sufficient red lights, construction signs, provide a sufficient number of watchmen,
and take all necessary precautions for the protection of the work and safety of the public
through or around his construction operations as Developer and the Director shall deem
reasonably necessary.
9. Related Costs - Public Improvements The Developer shall provide all
necessary engineering designs, surveys, field surveys, testing and incidental services
related to the construction of the Public Improvements at its sole cost and expense,
including final drainage study letter certified accurate by a professional engineer
registered in the State of Colorado.
10. Improvements to be the Property of the City All Public Improvements for
roads, concrete curb and gutters, public storm sewers and public drainage
improvements accepted by the City shall be dedicated to the City and warranted for a
period of twenty -four (24) months following acceptance by the City, as provided above.
11. Indemnification The Developer shall indemnify and hold harmless the
City and its officers, employees, agents or servants from any and all suits, actions, and
claims of every nature and description caused by, arising from or on account of this
Agreement any act or omission of the Developer, or of any other person or entity for
whose act or omission the Developer is liable, with respect to the Public Improvements;
and the Developer shall pay any and all judgments rendered against the City as a result
of any suit, action, or claim, together with all reasonable expenses and attorney's fees
and costs incurred by the City in defending any such suit, action or claim.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 5
The Developer shall pay all property taxes on the Property dedicated to the City
and shall indemnify and hold harmless the City for any property tax liability. l
12. Waiver of Defects In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is
executed, or concerning the power of the City to impose conditions on the Developer as
set forth herein, and concerning the procedure, substance, and form of the ordinances
or resolutions adopting this Agreement.
13. Third Party Beneficiaries There are and shall be no third party
beneficiaries to this Agreement.
14. Modifications This instrument embodies the whole agreement of the
Parties. There are no promises, terms, conditions, or obligations other than those
contained herein; and this Agreement shall supersede all previous 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.
15. Release of Liability 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.
16. 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.
17. 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.
18. 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.
19. Invalid Provision If any provision of this Agreement shall be determined
to be void by any court of competent jurisdiction, then such determination shall not
affect any other provision hereof, all of the other provisions shall remain in full force and
effect. It is the intention of the Parties that if any provision of this Agreement is capable
of two constructions, one of which would render the provision void, and the other which
SUBDIVISION IMPROVEMENT AGREEMENT 05101
would render the provision valid, then the provision shall have the meaning which
renders it valid.
20. 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.
21. 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.
22. Notice All notices required under this Agreement shall be in writing and
shall be hand delivered or sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the parties herein set forth. All notices so given
shall be considered effective seventy -two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer: Keith Gantenbein for Crawford Holdings
8295 Ralston Road
Suite 300
Arvada, CO 80002
Notice to City: Tim Paranto
Director of Public Works
7500 West 29 Avenue
Wheat Ridge, CO 80033
23. Force Maieure Whenever the Developer is required to complete the
construction, repair, or replacement of Public Improvements by an agreed deadline, the
Developer shall be entitled to an extension of time equal to a delay in completing the
foregoing due to unforeseeable causes beyond the control and without the fault or
negligence of the Developer including, but not restricted to, acts of God, weather, fires
and strikes.
24. Assignment or Assignments There shall be no transfer or assignment of
any of the rights or obligations of the Developer under this Agreement without the prior
written approval of the City.
25. Recording of Agreement This Agreement shall be recorded in the real
estate records of Jefferson County and shall be a covenant running with the Property in
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
order to put prospective purchases or other interested parties on notice as to the terms
and provisions hereof.
'T'I'MEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:-
�c i
J,
gnK.Citytllerk
SUBOIVISION IMPROVEMENT AGREEMENT 05/01 8
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DEVELOPE
By:
STATE OF COLORADO
n ss.
COUNTY OF
V v v
The foregoing instrument was acknowledged before me this a7 day of
2010, by e i 8 Qan n b ei , as
cSi e, of -M i-a &A d 6»ldlxr Qorp
Witness my hand and official seal.
My commission expires:
(SEAL) aOTAq-
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QF •COLO�
Public
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
EXHIBIT A
THAT PARCEL WITH RECEPTION NUMBER 2009035845, BEING
LOCATED IN THE SOUTHWEST ONE - QUARTER OF THE NORTHEAST `
ONE - QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 1
OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE -
QUARTER CORNER OF SAID SECTION 26, FROM WHENCE THE NORTH
ONE - QUARTER CORNER OF SAID SECTION 26 BEARS ON A RECORD
BEARING OF N00 19' 25 "W A RECORD DISTANCE OF 2654.95 FEET;
THENCE N10 45'44"E A DISTANCE OF 676.18 FEET TO A POINT
SITUATED ON THE NORTH LINE OF 33RD AND VANCE SUBDIVISION,
ALSO BEING THE SOUTHEAST CORNER A PARCEL WITH RECEPTION
NUMBER F1963113, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE EAST LINE AND THEN ALONG THE NORTH LINE
OF SAID PARCEL WITH RECEPTION NUMBER F1963113 THE
FOLLOWING TWO COURSES: 1.) N00° 16'44 "W A DISTANCE OF 60.05
FEET; 2.) S89° 47'25 "W A DISTANCE OF 85.02 FEET TO THE EASTERLY
RIGHT OF WAY LINE OF WADSWORTH BOULEVARD AS DESCRIBED
IN BOOK 1191 AT PAGE 174; THENCE NO3' 52'11 "E ALONG SAID
EASTERLY RIGHT OF WAY OF WADSWORTH BOULEVARD AS
DESCRIBED IN BOOK 1191 AT PAGE 174 A DISTANCE OF 68.44 FEET TO
THE SOUTHWEST CORNER OF A PARCEL WITH RECEPTION NUMBER
2009035250; THENCE N89° 43'01 "E ALONG THE SOUTH LINE OF SAID
PARCEL WITH RECEPTION NUMBER 2009035250 A DISTANCE OF 87.94
FEET TO THE SOUTHWEST CORNER OF A PARCEL WITH RECEPTION
NUMBER F0793285; THENCE N89° 43'01 "E ALONG THE SOUTH LINE OF
SAID PARCEL WITH RECEPTION NUMBER F0793285 A DISTANCE OF
141.59 FEET TO THE WEST RIGHT OF WAY LINE OF WEBSTER STREET
(AVENUE) AS PER THE PLAT OF CONNELLEE SUBDIVISION; THENCE
S00 21'21 "E ALONG SAID WEST RIGHT OF WAY LINE OF WEBSTER
STREET (AVENUE) AS PER THE PLAT OF CONNELLEE SUBDIVISION A
DISTANCE OF 128.47 FEET TO SAID THE NORTH LINE OF 33RD AND
VANCE SUBDIVISION; THENCE S89° 44' 12 "W ALONG SAID NORTH
LINE OF 33RD AND VANCE SUBDIVISION A DISTANCE OF 149.63 FEET
TO THE POINT OF BEGINNING.
EX I HIBIT -- R ---------
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EXHIBIT C
Wilkinson Engineering
4535 North Broadway, Suite 101, Boulder, Colorado 80304 303- 499 -6755
720 565 -1488
4/18/2010 i
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Ken Gantenbien
Associated Contractors
8295 Ralston Road Su 300
Arvada, Co 80002
Ref: Project address 3400 Wadsworth Blvd.
Dear Ken:
I am providing this estimate for approximately:
1. 128 LF of 5.25 Mountable type curb and gutter and sidewalk on Webster street:
$35 per LF or $4480.
2. 128 LF 2' HMA patch back @ $61LF or $768.
Total estimate: $5248
Please feel free to call me with any questions that you have at 303 499 -6755.
Sin
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William F. Wilkinson, PE
2010- 041914:56 7205248624
CITY OF WHEAT RIDGE
PUBLIC W ORKS
DATE 0.Y11? 40
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