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HomeMy WebLinkAboutLutheran Subdivision8300 130 1 A ,0 0 1j1j� Jkw -5 PH 2 30 DEVELOPMENT AGR��* Lb r, COLORADO THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 20 day of august , 1981, between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Lutheran subdiv , hereinafter referred to as Owner, and concerns property located at Dude'- street at West 35th .Avenue W I T N E S S E T H: WHEREAS, Owner is the titled Owner of a tract of land in the Wh Rid e, County of .Jefl:ei son, State y r n Vin. more City of ..��g _ fully described in Exhibit A, which is attached hereto and expre_;s�_. made a part hereof (which property is hereinafter referred to as "the Property "); and WHEREAS, Owner desires to develop the Property but has not been issued a Building Permit as of September 9, 1981 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 REGULATIONS 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 REGULATIONS will make no significant change at the present in those streets fronting the Property and the neighboring tracts of land; and WHEREAS, in order to conform to those requirements as set out in the S!j'Pn VTSTON PEGULATIONS of the City, this agreement is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility 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 REGULATIONS 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 _1 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 its employees or through agents, contractors, or sub- contractors, and to complete the public improvements described 83.Ci� 2 herein, said completion to be accomplished at Owner's sole expense. Owner agrees to pay for all improvements so made within 30 days of the date of completion, Owner further agreeing that any amount resulting from his failure to pay for any improvement thus complete shall constitute a lien upon the Property above described in the actual amount of the public improvements completed, less any pay- ments made by Owner, plus interest on the amount unpaid at 10 percent per annum from the date of completion, plus any costs incurred by the City in collecting same; including court costs and attorney's fees. 5. In the event an Improvement District is created by the requirements as set out in streets or streets fronting tracts of lands, the owner not to oppose its creation, costs to the Property. District or a Special Improvement City to improve or provide those Lhe SUBDIVI "ION REGULATIONS for those the Property and the neighboring or his assigns and successors agree or subsequent assessment of the 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 require a cash or surety bond to be held in escrow by the City to secure completion of the public im,n,nt;enAr, :s described herein. S_ - id cash or s11rety bond shall be in a sum sufficient to cover the estimated costs of the 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 Owner 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: Installation of curb, gutter and sidewalk and all necessary drainage facilities roved - 2 - 8300 130 1 IN 1 r11TNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: Cit Attorney ' EXECUTED BY OWNER: )tl LL 'Tom Stag er Vice -Press dent - General Services of Lutheran Medical Center STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) \ r� partmen City Administrator EXECUTED BY CITY: Mayor, City of Wheat Ridge ATTESTED TO BY: 3 City Clerk 1 Thg foregoing instrument was exe of 1982, by)j My commission expires: ted before me this mi l day otary Public Address -3- APPROVED AS TO FORM: