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Home My WebLink AboutDonald & Nellie Nixon83031945 W3 APR 13 ki /� DEVELO AGItrEMENT i, D T11IS DEVELOrMENT AGREE'L11ENT, an authorized by the SUBDIVISION REGULATIONS of the CITY OF Wilf -.AT RIDGE, is entered into this 29 th day of DIardi , 1983, between the City of Wheat Fridge, a Municipal'Corporation, hereinafter referred to as City, and Uonald and Nellie Nixon , hereinafter referred to as Owner, and concerns property located at 6901 W. 35th Avenue W I T N E S S E T H : WHEREAS, Ocmer is the titled owner of a tract of land in the City of Wheat Ridge, County of Jefferson.. State of Colorado, more fully described in Exhibit A, which is attached hereto and expressly made a part hereof (which property is hereinafter referred to as "the Property "); and 14HEREAS, Owner desires to develop the Property but has not been issued a Building Permit as of to do.so; and WHEREAS, curb, gutter, sidewalk and street improvements boarding the Property and the neighboring tracts of land are incomplete and /or below those standards as set out in the SUBDIVISION REGULLATIONS of the City; and WHEREAS, to be uniform and consistent with the existing neighboring, improvements, the completion or non - completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION r ,TJ1L`i TODIS will Y ^sa e no si nif cant change at the present in those scxcPts fronting the Property and the neighboring tracts of land; and EgiETREAS, in order to conform to those requirements as set out in the SUBDIVISION REGULATIONS of the City, this agreemert is hereby t?ete=*ined to be proper. NOTH, THEREFORE, IT IS HEREBY AGREED THAT: 1. The xesponsibi.lity for meeting, conforming to and providing those requirements as set out in the SUBDIVISION REGULATIONS of the City, is hereby recognized by Owner. 2. The Director of Public Works, upon the direction of the Mayor or the City Administrator, shall give written notice directing the Owner or his assigns and successors to meet those require- ments as set out in the SUBDIVISION REGULATION ?S of the City and to construct public improvements described above, including curb, gutter, sidewalks and street improvements. 3. Upon receipt of such notice to furnish or construct the public improvement as required under the SUBDIVISION REGULATIONS of the City, owner hereby agrees to construct and furnish at Owner's cost, such improvements as are required by the SUBDIVISION REGULATIONS of the City, and to do so in conformance with the design standards of the SUBDIVISION REGULATIONS of the City. 4. Owner agrees to construct, or cause to be constructed, all public improvements required hereby Within 90 days of the date of receipt of the notice described in the preceding paragraph. In the event such public improvements are not completed within such time, the City is hereby authorized to enter upon the Property either by i.ts employees or through agents, contracLorf., or sub- contractors, and to complete the public improvements describecl hereitl, said completion to be accoitipI is' hed at Ocjncr's Sole expense. Owner agrees to pay for all improv( so made within 30 clays of the date of completion, Owner furLher ache(!ing that any amouiit Ln resulting from his failure to pay for any improvement thus cotapleted shall constitute a lien upon the Property above described in the rn actual amount of the public improvements completed, less any pay- .._ ments made by Owner, plus interest on the amount unpaid at 10 M percent per annum from the date of completion, plus any costs o incurred by the City in collecting same; including court costs M and attorney's fees. ao 5. In the event an Improvement District or a Special Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVISION REGULATIONS for those streets or streets fronting the Property and the neighboring tracts of lands, the Owner or his assigns and successors agree not to oppose its creation, or subsequent assessment of the costs to the Property. 6. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, the costs assessable against the Property shall not be dispropor- tionate with costs assessable to other nearby and like properties. 7. This agreement is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the CITY OF WHEAT RIDGE. 8. The parties hereto agree that this DEVELOPMENT AGREEMENT, by its terms, shall be binding upon the City and the Owner and upon the assigns and successors thereof; and shall constitute covenants running with the Property. 9. The City, in its sole discretion, may reciuire- a cash or surety bond to be held in escrow by the City to secure completion of the public improvements described herein. Said cash or surety bond shall be in a sum sufficient to cover the estimated costs of tha construction of the public improvements described herein, said estimate to be made at or about the time of the notice described in paragraph 2 above. in the event the O...ner fails to complete the public improvements within the time specified in paragraph 4 hereof, the City may, at its sole option, complete or cause to be completed, said construction and use all, or any part, of the cash or surety bond to pay for., or cause to be paid, all bills and costs incurred in completing said public improve- ments. Any interest earned on any escrow funds shall be the sole property of the City. 10. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a continuing covenant running with the land; provided, however, that this DEVELOPMENT AGREEMENT shall be released by the City upon the completion by the Owner of the public improvements described herein, which release shall be evidenced by a signed document, attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. SPECIAL PROVISIONS AND AGREEMENT; Refer to attached Subdivision Plat (Exhibit A). Required curb, gutter, sidewalk, and other street related improvements (including design and construction supervision ) on that portloff ivest 35th Avenue and Quay Street abu Ni Subdivision shall he constructed on or before one of the following situations occur. a Similar street improvements are con >tructed either immediately to the north or West. b. Occupancy permits being issued for Lot 1. Improvements must conform to City of wheat Ridge standards and the design must be approved by the City Prior to construction. — 2 -- �•• i�vn�� WHERE0I th_• Parties Have set their hands and seals on •3atc first-shown. Lr RECO,hMEDIDED BY: -t Cn Publi IJo ks Do ar ment m APPROVE AS TO SOP I: �N , • I IV Zsty Attorney City Administrator EXECUTED BY OWNER: EXECUTED BY CITY: STATE. OF COLORADO ) ss- COUN Y OF JEFFE'RSO 7 Mayor, City of Wheat Ridge ATTESTED TO BY: City Clerk The fc.regoing instrument was executed before me this 31±4 day �.,�., �.-c -mot` �) - �. -.-,. � • Of 22e� , 1983 by bly commission expires: 5 -/ 7 - �5 — ` « Votary Public 7��, r�' �7� °_ir� R - f t Y - � o-t, - 3 - 6 � L STATE. OF COLORADO ) ss- COUN Y OF JEFFE'RSO 7 Mayor, City of Wheat Ridge ATTESTED TO BY: City Clerk The fc.regoing instrument was executed before me this 31±4 day �.,�., �.-c -mot` �) - �. -.-,. � • Of 22e� , 1983 by bly commission expires: 5 -/ 7 - �5 — ` « Votary Public 7��, r�' �7� °_ir� R - f t Y - � o-t, - 3 -