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RECEPTION 00. F1491029
5/29/2002 11:30:16 PO: 001
PAGE FEE: 80.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
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On AM9m#A 11, 2001, the City Council of the City of Wheat Ridge, after holding
required public hearings, approved the final plat for the Property titled I wo
Preser I it a
ve Subdivillon. A copy • the Final Plat is attached hereto as Exhibit 8 a
incorporated herein. A
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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:
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(b) Any and all facilities conveyed shall be free from any security interest or
other lien
• encumbrance; and 3
(c) Any and all facilities so conveyed shall be free • defects in materials or
workmanship for a period of two (2) years as stated above.
. . . • - • - . . - #
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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.
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Notice to Developer: Lou-Mar EplWgs LLC
3650 Yange, Suite #1
Notice to City. Mmd 9 0 2w ,
Director of Public Works
7500 West 2V Avenue
Wheat Ridge, CO 80215
27. Assign[nent gr AggignrpeLiLs. There shall be no transfer or assignment of arn
approval of the City,
put prospective purchases or other interested parties on notice as to the terms a
provisions hereof. ri
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
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By
Louis J. Fie6o,'
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2002, by as
of
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My commission expires
Notary Public
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SUBDIVISION IMPROVEMENT AGREEMENT 05/01 .9-
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TOTAL $141,248.50
Scope: Public Improvements f 34th Avenue ESTIMATED (Labor Included)
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UNIT
QUANT
UNIT •
•
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PAVING
15" STORM PIPE
='�SIDEWALK
(5 FEET WIDE)
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CURB & GUTTER
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[18" FLARED END SECTION
SEWER IN KIPLING
�WR CURB INLET
#:
ASPHALT PATCHBACK
#
i
RE
16" STORM PIPE
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STACKED BLOCK
TOTAL $141,248.50
Scope: Public Improvements f 34th Avenue ESTIMATED (Labor Included)
TOTAL $61,407.50
Total Public Improvements Estimated Cast + 25% Contingency $253,320.00
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UNIT
QUAN T,__
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15" STORM PIPE
EEE
SEWER IN KIPLING
RING
#:
ASPHALT PATCHBACK
#
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TOTAL $61,407.50
Total Public Improvements Estimated Cast + 25% Contingency $253,320.00
FirstrWak Of WZ u R'
435O Wadsworth Is t d
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=Ia!tM 'LENDER ADDRF"
Wisest Ridge, CO 00033
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This Letter of Credit shah OyOre upon the eadlisfof,
1, the close of business on
and a# drafts and accompanying statements or documents
must be presented to Lender on or before that firns; of
I .:
.1)15 Noat 36Th ivenue 2, the day that Lender honors a draw under which the full
Meet Ridge, CO 90033
amount of this Letter at Credit has been drawn,
1. ORAFT TERMS AND CONDITIONS
Lender shall honor drafts submitted by Beneficiary under the lollowiN terms and conditions:
3. PERMITTED TRANSFEREES
. . • . *
When the presenter Is a permitted Transfer" under paragraph 3 above, the documents required for a draw shall hcludti
All documents required elsewhereirt this Loiterer Credit, except that such documents maybe in the name of and executed by either
lhg gil9killif 8"Mllfy of the pre tit perm led by paragraph 3; and
When ft presenteris a permitted Transferee paragraph 3.A, or a third party under paragraph 18, a cortified copy of the one
or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary,
0
Lender is not responsible for any Impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of
Credit precisely as written. Beneficiary understands and acknowledges* (1) that unloss and until the present wording of this Letter of
Credit is amended with is prior written consent, the burden of complying strictly with such wording remains sotely upon
Beneficiary; and (4) that Lender is relying upon the lack of such amendment as bontfitutirV Bonski"'a it" and corifinued approval
of such wording.
EN&7 �-
If any aspect of this Lefterof Credit is ever declared unenforceable for any reason by any court or governmental body having Jurisdiction,
Lo entire ongiagemorill'undor this Lattotot Credit shall be deemed null and void an Ingle, and both Lender and Beneftaryshan be
restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This
non-severabillyprovision shag override all other provisions in this Letter of Credit, no matter where such provision appears within this
Loner of Credit,
This Lefterof Credit is subject to the UCP. This Letter of Credit shalt be governed by and construed in accordance with the laws of the
State of ___Colorado -____, United States of America, except to the extent such Iowa are inconsistent with the UCP. Lender
and Beneficiary consent to the Jurisdiction and venue of any court selected by Lender in its discretion located In the State of
—9*-_10r&d* In the event of any "at proceeding under this Letterof Credit.
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honored 4 presented to the Lender on ♦ before it* Expiration Date,
Dated: April 2S, 2002
Wr—yr ��- M
a
Thomas
President
ENDORSEMENT OF DRAFTS DRAWN:
Amount Amount
owe in Words In Fleres
M"TOWS 0 FO-0- TOAVftO" k- (M") (W) 937,1700