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Home My WebLink AboutSage at Otisva The Developer is the owner • certain real property located in the City • Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"), commonly known as 3225 Otis Street. The approvals cited above are contingent upon the express condition that the Developer faithfully perform all duties created • this Agreement. 094MMI I N 2 Aggi # 12 111121 - WI32AMjIMj: g2mving 111121 W132AM11MI: g2mving 111121 - WI32AMjIMj: g2mving -1111121 W132AM11MI: g2mving -1111121 - WI32AMjIMj: g2mving -1111121 W132AM11MI: N20,%1#12MON - 1111 II 11 i rp lio n I Ill I now t o" Unless necessary to protect the immediate health, safety and welfare of the City I I 6 1111011 TQ - 9- Milli 4-0.0 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 to 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 • other lien or encumbrance; and I (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 • public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s). I 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 • occupancy. 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. 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. ��f I 1MgWf- # 0 0 0 MOO, reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. I 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 Pa!1y Beneficiaries. There are and shall be no third parlm teneficiaries to this Agreement. M 16. Release of Liabilit . 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. is 01 any ofner prarisions nerein, nor a Milieu or col - 15 111le Sri 11 such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any gubsequent default hereunder. 20. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such i,etermination 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 W 11111411111—WRINIIII 0 0 0 04 Z # ffl� M--2 A a aw Notice to Developer: Neil Boucher Au [Con, r T'LIM Notice to City: ago M- VOTI a 2 25. Assignment or Assignments. There shall be no transfer or 26. Recordina • 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. ARN # power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying #n such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT RIC�&QCOLORADO By: G 1 -;*aPyUay.Qr ATTEST: M.4itoL - Tl;; - 4A By STATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me this day z2llzt �,i 20Zby as of 11�� Mam ' THE SAGE AT OTIS SUBDIVISION TAM I Iv-: r-wnm "r- -IIL--M c P SUBDMSION AND LOT 7, BLOCK 4 AND A POR77ON OF LOT 6, BLOCK 4 PIERCE STREET SUBDIVISIOA ------------------------------------- LOCATED IN THE NORTHWEST ONE-QUARTER OF SECT70N 25, TOWNSHIP 3 SOUIH, RANGE ♦• WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE� JEFFERSON COUNTY, COLORADO ------------------------------------- I EM704 Wr UK TO K ft.T CA-A r ".490 Aw AO N—In 0- a6s Pa 43 #1"0 4 t r4 Faso — — — — — — — — — — — — — — - — — — — — — — — — - p9l, no WWII Y.o ao—cc 20 10 *CcOcm Kw PWY .0 TY A.0 snWzrw EMIW4 01 V4 1 0 IK - - - - - - - - - - - - - - t""4 W. 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L04 mn.4 t-vMW MW ma- - - .. »-- «... «.o.... ---- P.0-OW (AnKNI -"-*= wt 04 EXHIBIT C I .MrMovring is a 7M estim requireal pu ic improvements Tor the property located at 3225 Otis Street, as calculated by the City of Wheat Ridge Public Works Department: ! II I � III escrow funds may only be retained for a period of ten years from the date of recordation. If • public improvements are proposed or constructed by the City of Wheat Ridge within this ten-year period, the funds shall • returned to the developer.