HomeMy WebLinkAboutCraft Subdivision!IIIIIIdIIIIIIIIRIIIIIIIIIIIIIIIIIII � �'2022040013
04/27/2022 02:43:23 PM 7 Page(s)
JEFFERSON COUNTY, Colorado
DEVELOPMENT COVENANT AGREEMENT
THIS DEVELOPMENT COVENANT AGREEMENT is made as of
the t5"- day ofAlt
2022 by and between the CITY OF WHEATRIDGE,
COLORADO, rule municipal corporation (the City„ ), and
David Craft, (the "Applicant'), together referred to as the "Parties".
RECITALS:
A. The Applicant 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").
B. The City of Wheat Ridge has administratively approved the Final Plat for
the Property titled Craft Subdivision. A copy is attached hereto as Exhibit B, and
incorporated herein.
C. The Applicant may not in the future be involved with development of the
Property, and in that event should not be responsible for the final design and
installation of public improvements for the Property as required by the Article IV of
Chapter 26 of the Code of Laws. These public improvements are subject to review
and approval of civil construction plans by the City, herein referred to as the "Final
Plans."
D. The Parties understand and agree that the intent of this Agreement is to
establish the obligations and expectations for future development of the Property
in accordance with the Final Plans.
AGREEMENT
NOW, therefore, in consideration of the mutual promises, covenants and
agreements of the Parties, the approval of the Final Plans by the City, the
dedication of certain land and/or easements to the City and other good and
valuable consideration, the receipt and sufficiency which is acknowledged and
confessed, the Parties hereto agree as follows:
1. Compliance with Final Plan: The entity which develops the Property
("Developer") consistent with the Final Plans, whether the Applicant or a successor
or assign of the Applicant, shall be required to comply with all applicable sections
of Chapter 26, Articles II and IV of the Wheat Ridge Code of Laws. The Developer
shall also furnish all financial guarantees required for development of the Property
by the Community Development Director.
2. Binding Effect', Term: The terms of this Agreement shall be a covenant
running with the Property and shall remain in full force and shall bind the Property
and the successor and assigns of the Parties until such time as the Developer
executes a Subdivision Improvement Agreement or Public Improvement
Agreement, whichever is applicable, (herein referred to as "Future Agreement") in
preparation for development of the Property. The executed Future Agreement shall
replace this Agreement in its entirety and shall bind the Developer to complete all
required on- and off-site public improvements as shown on the Final Plans as
approved by the Community Development Director. Once a Future Agreement has a
been approved by the City and recorded with the Jefferson County Clerk and
Recorder, this Agreement shall be considered thereby released and terminated.
3. Sale of Property: No sale of individual lots or any collection of individual lots
which do not equal the entirety of the Property as described in Exhibit A may occur
until such time as a Future Agreement has been executed. This paragraph shall
not prevent the Applicant or a Developer from conveying or selling the entirety of
the Property to a third party.
4. Issuance of Building Permits: The City shall not issue any building permit
for any individual lot within the Property until an approved Future Agreement has
been executed by the City and the then -owner of the Property. Building permits for
individual lots may be issue
terms listed in the Future Agreement.
5. Fees Associated with Development of Pro e . All building permit fees,
park land dedication fees, review fees and security for construction of on- and off-
site public improvements shall be paid by the Applicant, or in the event the Property
is conveyed, by the Developer who executes the Future Agreement. The Applicant
shall not be responsible for the payment of such fees unless the Applicant
executes the Future Agreement as the Property Developer. A park land dedication
fee of $2,497.29 shall be paid by the Developer at time of the building permit
application for Lot 2.
6. improvements to Property No site work shall be performed on the Property
until a signed Future Agreement has been executed and the proper permits for the
same have been issued by the City. For the purposes of this paragraph, "site work"
is defined as any grading, clearing, excavating or depositing of materials in
conjunction with site development consistent with the approved Final Plans.
Nothing in this paragraph shall prevent the demolition of any existing structures or
the general maintenance of the Property, provided proper permits are issued by
the City.
7. Recording: This Agreement shall be filed for record with the Jefferson
County Clerk and Recorder, the fees for which shall be paid by the Applicant.
-2-
CITY OF WHEAT RIDGE, COLORADO
m
ATTEST:
9—�'
Stephen Kirkpatrick, City Clerk
G) JdIA, 3
Bud Starker, Mayor
-3-
APPLICANT
By:
Name: 4v(4 /tc� e2 T
Title: �� xi—
STATE OF COLORADO )
_ ) SS.
COUNTY
The foregoing instrument was acknowledged before me this 15 day of
A �r: I , 20AX , by � 1'\ C rZ+ , as
(� I..) r\ -er of ten-.
Witness my hand and official seal.
My commission expires: s Zia
TAMARA D ODEAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164015481
MY COMMISSION EXPIRES APRIL 22, 2024
(SEAL)
Notary Public
-4-
EXHIBIT A
Legal Description of the Property
Lots 1 and 2, Craft Subdivision, City of Wheat Ridge, County of Jefferson, State S
of Colorado.
-5-
EXHIBIT B
Final Plat
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