HomeMy WebLinkAboutSkyline Estates Filing 3I M . . • . • . . ^. 0 **' • .0 •
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On October 13 2003, the City of Wheat Ridge, after holding all required
public hearings, approved the Final Plat for the Property titled "Skylines Estates
Filing Three". 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,
NOW, therefore, for and in consideration • the mutual promises and
covenants contained herein, the sufficiency of which are mutually acknowledged,
the parties hereto agree as follows:
3. Title Policy. If applicable, 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 encumbrances. The title policy
evidenced by the title commitment shall be provided thirty (30) days after the
recording of this Agreement.
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 Develop
may cure the breach described in the notice. )I
The Developer shall warrant any and all Public Improvements for a period
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(a) That the title conveyed shall be marketable and its transfer rightf ul;
(b) Any and all faces conveyed shall be free from any security
interest or other lien or encumbrance; and
(c) Any and all facties 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
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The Director and his authorized representatives shall have free access to
the work at all times. The Director, or his designee, will make periodic
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Inspectors may be appointed to inspect materials used and work done,
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s6bject to the final decision of the Di'rector.
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at the request • the Director.
17. Ca• i• ns. The captions to this Agreement are inserted only for the
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purpose of convenient reference and in no �yay 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 Wai�Ler. 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.
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Notice to City:
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without the fault or negligence of the Developer including, but not restricted to,
zcts of God, weather, fires and strikes.
25. Assignment or Ag§IgnMeo. There shall be no transfer or
26. Reggrding gf AgLeeLne!31. 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.
WHEREFORE, the parties hereto have executed this Agreement on the day ar
year finst al�ove written. i
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STATE OF COLORADO
SS.
COUNTY OF j xe-r -- 0 1-) •
The foregoing instrument was knowledged before me this -io--� day •
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Exhibit A
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REHM
MEMOM
ENGINEER'S OPINION OF PROBABLE COST OF CONSTRUCTION
PUBLIC IMPROVEMENTS
iKM Job No. M-020312
MEN
0171.w DESCRIPTION
(125%-COWR)
$ 61267 * 00
$ 15:316,75
s 78,58176
Total Amount for the Letter of Credit
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