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HomeMy WebLinkAboutPrime Rate Motel83075600 IcU AUG IQ PM 2 4 iEFF��;s�y euoutr. co�c�anr. R DEVELOPMENT AGREEMENT rl h X THIS DEVELOPM NT AGREEMENT is entered into this tAA Y4 day of �1T�TL , 1`83, between the City of Wheat Ridge, a municipal corporation, hereinafter referred to as the /) "City", and Prime Rate Motel Wheat Ridge Partnership, a limited partnership, hereinafter referred to as "Prime Rate ". WHEREAS, Prime Rate is the owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more fully described on Exhibit A, which is attached hereto and incorporated herein, which property is hereinafter sometimes referred to as the "subject property "; and WHEREAS, said property is located adjacent to the South I -70 Service Road and west of Kipling Street; and WHEREAS, the Colorado Department of Highways plans to abandon the existing frontage road adjacent to the north side of Prime Rate's property and to construct a new frontage road adjacent to the south and west sides of Prime Rate's property; and WHEREAS, it is intended by Prime Rate, the Department of Highways, and the City that Prime Pate will convey to the State of Colorado a portion of its property along the south side o£ its property for the construction of the „ew frontage road; and WHEREAS, it is contemplated by Prime Rate, the Department of Highways, and the City that Prime Rate will receive in return for said conveyance an equivalent amount of property from that portion of the existing frontage road which will be abandoned; and WHEREAS, Prime Rate desires to construct a 128 -unit motel on the subject property; and 83075680 WHEREAS, the City and Prime Rate have reached an agreement as to the terms under which a building permit, a temporary certificate of occupancv, and a permanent n certificate of occupancy will issue with respect to said motel; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the City and Prime Rate agree as follows: 1. The City shall issue a building permit for the construction of said motel based on the City Council approved site plan, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference; however, no construction shall be allowed on the existing frontage road unless and until Prime Rate is given the right to construct improvements on said frontage road by the Department of Highways. 2. If the new frontage road on the south and west sides of Prime Rate's property has been completed and accepted by the Department of Highways at the time Prime Rate requests a certificate of occupancy for said motel and if the parking lot for said motel has been constructed in accordance with Exhibit B, the City shall issue a certificate of occupancy based on the motel's conformity with said site plan. 3. If said frontage road has not been completed and accepted by the Department of Highways at the time Prime Rate requests a certificate of occupancy for said motel, or if said frontage road has been completed and accepted but Prime Rate has not completed construction of the motel parking lot in accordance with said site plan, the City shall issue a temporary certificate of occupancy based on the motel's conformity with said site plan, except that the parking lot configuration shall be as shown on Exhibit C, which is attached hereto and incorporated herein. When the new frontage road has been completed and accepted by the ft IWM 83075680 Highway Department, Prime Rate shall complete the construction of the motel parking lot in accordance with Exhibit B. Said parking lot shall be completed within six months after the completion and acceptance of the new frontage road. Upon the completion of the construction of the motel and its parking lot in accordance with Exhibit B and compliance with any applicable building codes and zoning ordinances, the City shall issue a permanent certificate of occupancy for said motel. 4. The landscaping of the subject property shall be in accordance with the landscape plan which meets or exceed to the Building Permit , City standards, a copy of which is attached /heEete as Exhibit D and incorporated herein by this reference. The landscaping described on said plan shall be installed prior to the issuance of a temporary or permanent certificate of occupancy, except that Prime Rate shall not be obligated prior to the issuance of a temporary certificate of occupancy to install landscaping on Department of Highways property until six months after the Department releases or conveys the property to Prime Rate. Prime Rate may obtain a temporary certificate of occupancy prior to the installation of all of the landscaping specified on said landscape plan if Prime Rate furnishes to the City a surety bond or letter of credit in an amount equal to the estimated cost of the landscaping remaining to be installed pursuant to said landscape plan, plus twenty -five percent of that amount. The determination as to the cost of the landscaping remaining to be installed shall be made by the Director of Community Development. In any event, all landscaping shall be installed no later than six months after the completion and acceptance of the new frontage road. Because the Department of Highways intends to abandon the existing frontage road adjacent to the north side of the subject property, Prime Rate shall not be required to plant any street trees on the north side of the subject property. -3- 83075680 5 Sometime during the months of July or August, 1983, the City staff shall schedule a hearing before the City Council for the purpose of rezoning the existing frontage road adjacent to the north side of the subject property to the C -1 zone category. 6. The drainage for the subject property after the construction of said motel shall be in accordance with the approved drainage plan. _W - C'opr - 0 - f - -0 ri-Ctr -rs -a t -d - kereta -as -Bx h ib i t -' J l J i7rcorp�ra te�t tlrs�s- refcrenee.- 7. Any payment made to the City under the surety bond or letter of credit given to the City pursuant to the provisions of paragraphs 4 and 8 shall be used by the City solely for the purpose of installing the improvements for which the surety bond or letter of credit was given as security. In the event less than the full amount of any such payment is required by the City in order to complete the improvements for which the surety bond or letter of credit was given as security, the balance shall be promptly paid to Prime Rate. 8. Prime Pate shall construct or cause to be constructed six -inch vertical curb and gutter and a four -foot sidewalk adjacent to the new frontage road on the south and west sides of the subject property. Said curb and gutter and sidewalk shall be installed prior to the issuance of a temporary Certificate of Occupancy. Prime Rate may obtain a temporary certificate of occupancy prior to the installation of said curb and gutter and sidewalk if Prime Rate furnishes to City a surety bond or letter of credit in an amount equal to the estimated cost of said curb and gutter and sidewalk, plus twenty -five percent of that amount. The determination as to the cost of said curb and gutter and sidewalk shall be made by the Director of Public Works. In any event, said curb and gutter and sidewalk shall be installed no later than the date when the construction of the new frontage road adjacent to the south ML' 8307568 and west sides of the subject property has been�� i completed and accepted by the Department of Highways. If the Department of Highways has not commenced construction 12 months after the submission of a surety bond or letter of credit, said surety bond or letter of credit shall not be required to be renewed. The City shall not issue a permanent certificate of occupancy until said curb, gutter and sidewalk have been installed. IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. D BY: RECOMfi 7/ 4" L , DE / Public W ks ep rtment APPROVED AS T A y Attorney , AXECUTED BY OWNER: PRIME RATE MOTEL WHEAT RIDGE PARTNERSHIP, a limited partnership By Prime Rate, Inc., general partM / / By % )V1 Title C o -1 t Dep art m t i' City Administrator EXECUTED BY CITY: Mayor, City of Wheat Ridge AT T: City Clerk + h 4 j -5- 830756 STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON) The forego-ing instrument was executed before me this , 1983, by C� - L 1 �� xT_ Prime Rate, Inc.; a Minnes a corporation, as general partner of Prime Pate Motel Wheat Ridge Partnership, a limited partnership. Witness my official hand and seal. My commission expires: No at ry Public Address (Notarial Seal) Q. E C< HIS I FL 83075680 A part of the Northeast ', of the Northeast ': of the Northeast 1 4 of Section 21, Township 3 South Range G9 West of the Gth P X County of ;efterso State of Colorado riore particularly described as faIliws' Commencing at the Northeast corner of said Section 211, thence S.89'47'55"W ( meas. S.89'14'30`W) and alolg the North line a. said Northeast ', of the Northeast ', of the Northeast ', a distance of GG4.62 (meos.66493)fret to the Northwest cc Northeast ', of the Northeast of the Northeast thence S.DD (meas. S V24' 23"E) and along the West line of said Northeast !, of the Northeast ; of the Northeast ; a distance of 30.00 feet �o a point on the Scut 1y right of way line of Interstate 70 as described in Book I7G8 at Page 259 and the T rue P aint of Beginning, thence continuing along the aforesaid course a distance of 327.80 (meas. 321.40) feet to a point I34 feet North of the South line at the North 1.5 acres of said Northeast ' of the Northeast ': of the Northeast ';; then N.89 "E ('meas. N.89'14'30 "E) and along a line parallel to the North line of said Northeast .'; of the North east 4 of the Northeast a distance of 218.50 feet; thence N.00'12'00 ° E (meas. N .00 '22' 00 'W ) and parallel to the East line of said Northeast : of the Northeast of the Northeast : a distance of 275.08 (meas. 276 .33) feet to a point of intersection with the Southerly right of way line of Interstate 70 as described in Book 1760 at Page 259, thence N.76'37' 40 "W (meas. N .77' 34' 49"W ) and along said Southerly right of way line a dis- tance of 223.07 (meas. 224.28) feet to the Point of Beginning containing 65,994 square fee! more or less. J4 N A part of the NE4 of the NEa of the NE4 of Section 21, Township 3 South, Range 69 West of the bth P.M., more particularly described as follows: commencing at the Northeast corner of said Section 21; thence South 89 47'55" West and along the North line of said NE4 of the NEa of the NEa a distance of 664.62 feet 80 the Northwest corner of said NE4 of the NE4 of the NE4; thence South 0 07'18" West and along the West line of said NE4 of the NEa of the NE4 a distance of 30.00 feet to a point on the Southerly right of way line of Interstate 70, as described in Book 1760 at Page 259; thence continuing along the aforesaid course a distance of 327.80 feet to a point 134.00 feet North of the South line og the North 7.5 acres of said NE4 of the NE4 of the NE4; thence North 89 47 East and along a line parallel to the North line of said NE4 of the NE4 of the NE- a distance of 218.50 feet\to the true point of beginning) thence continuing along the last described line a distance of 185.63 feet to a point 260.00 feet West of the East line of said of the NEa of the NEa as measured at right angles thereto; thence North 0 East and along a line parallel to the said East line a distance of 230.28 feet to a point of intersection with the Southerly right of way of Interstate 70 as described in said Book 1760 at Page 259; thence North 76 West and along said Southerly .right of way line a distance of 191.63 feet; thence South 0 West, a distance of 275.08 feet to the true point of beg _ TOGETHER WITH an easement and right of way as set forth in instrument recorded in Book 2072 at Page 55, for ingress and egress over, upon and across the following described property together with the right to install and maintain utilities, in, through, under, upon and across said real property ai}d'is more particularly described as follows-. Commencing at the Northeast corner of Section 21, Township 3 South, Range 69 West of the 6th P.M.; thence Southerly along the East line of said Section a distance of 357,40 feet; thence on an angle to the right of 89 a distance of 60.00 feet to the West right of way line of Kipling Street and the true point of beginning; thence continuing on the last described course, a distance of 200.00 feet; thence on an angle to the right of 90 a distance of 10.73 feet; thence on an angle to the right of 89 a distance of 200.00 feet to the West line of Kipling Street; thence Southerly along the West line of Kipling Street a distance of 10.73 feet to the point of beginning. F'" D That portion of the NE 1/4 of Section 21, Township 3 South, Range 69 blest of the 6th P.1 described as follows: Commencing at the ilortheast corner of said Section 21; thence South 00 East (a bearing recited in Book 1828 at Page 287 under Reception Ito. 143361 of the reccrds of said Jefferson County) along the East line of said Section 21, a distance of 293.67 feet to a point which is 201.00 feet North of the South line of the North 7 1/2 acres of the riE 1/4 of the flE 1/4 of the TIE -L/;s of said Section 21; .. thence South 89 0 14' 30" West parallel with s -id South line, a distance of 60.C: feet to a point on the West right -of -way line of Kipling Street and the TRJE PC =T' OF BEGIItIIIIIG; 8307568 � thence forth 00 West along said West right -of -way line, a distance of L.O� feet; thence South 89 West a distance of 125.50 feet; thence North 00 West parallel with the East line of said Section 21, a distance of 13Y.62 feet to intersect t_-ie South right -of -way line of the frontag° road as described in Book 1760 at Page 257 of the records of said Jefferson thence North 76 0 46 '00" West along said right- of -wLy line a distance of 76.65 thence South 00 East, parallel with the East line of said Section 21, a distance of 234.15 feet; thence North 89 East, a distance of 39.00 feet; thence North•00 41est parallel with the East line of said Section 21, a distance of 67.00 feet; thence North 89 East, a distance of 161.00 feet to the TRUE POINT OF TOGETHER, also, with a right of way easement for ingress and egress from the ab: ,re described property with the right to install utilities over a 14 foot strip of land described as follows: Commencing at the Northeast corner of Section 21, Township 3 South, Ran .ge 69 Welt of the 6th P.M., thence South 0 East alon.- the East line of said Section of distance of 360.u7 feet; to a point which is 13 feej, North of the :south line of the North`l /2 acr_s o_' the Northeast 1/4 of the NE 1/4 of the :JE 1/4 of said Section 21; thence South 89 West and parallel with said South line a distance of bG feet to a steel pin in the West right of way line of Kipling Street, and the T POINT OF BEGINNING; thence South 89 West a distance of 161 feet to a steel pin; thence North�O blest 14 feet to a steel pin; thence North 89 East, a distance of 161 feet to a steel pin; thence South 0 East 14 feet to a steel pin and the TRUE POINT OF BEGIIi1;I,.'3; �• N j y '� �' .. Wit' H y 5 Y a d P v N w {/ � is 1 ( 9` 4 � 1 ��� 'r '•a �t vg 1 t f 1 t ` 1 I k CL —J •vf . t / / / ti t� I i -- r- f • , it f t 1 � M � 1 � , 1 d a� ' 'a �• N j y '� �' .. Wit' H y 5 Y a d P v N w {/ � is 1 ( 9` 4 � 1 ��� 'r '•a �t vg 1 t f 1 t ` 1 I k CL —J •vf . t / / / ti t� I i -- r- f • , it f t 1 � 1 1 � , 1 r / 55 - moo � 1 X11 - a � m Y � O , n M m y r t .o-. r r i , , n /t / ( Irl 83075680 CITY COUNCIL MINUTES: JUNE 13, 1983 Page -3- Item 4. Council Bill 65 - An Ordinance providing for the approval of Rezoning from Agricultural -One (A -1) to Residential -Three (R -3) on land located at approximately 4650 Parfet and 4651 Oak Street, City of Wheat Ridge, County of Jefferson, Colorado. (Case No. WZ -83 -9) (City of Wheat Ridge) Motion by Mrs. Snow to continue this item until June 27, 1983; seconded by Mr. Burt; carried 8 -0. NEW BUSINESS ORDINANCES ON FIRST READING Item 5. Council Bill 86 - An Ordinance amending Section 4 -1 of the Code of Laws of the City of Wheat Ridge relating to Animals running at large. Council Bill 86 was introduced on first reading by Mr. Merkl; title read by the Clerk. Motion by Mr. Merkl that Council Bill 86 be approved on first reading, ordered published, public hearing set for Monday, July 18, 1983 at '7:30 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect 1 day after final publication. Motion by DIrs. Snow that Council Bill 86 be referred to the Animal Con- trol Conunission for a recor-mendation or comments prior to second read- ing; seconded by Mr. Lewis; carried 5 -3 with Councilmembers Merkl, ore, and Hobbs voting No. Motion as amended carried 8 -0. Item 6 A .- Council Bill 87 - An Ordinance providing for the Rezoning of land from Agricultural -One (A -1) to Commercial -One (C -1) on property located at approximately 10110 South I -70 Service Road, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 83 -15) (City of Wheat Ridge) Council Bill 87 was introduced on first reading by Mrs. Ore; title read by the Clerk. Motion by Mrs. Ore that Council Bill 87 be approved on first reading, ordered published, public hearing set for londay July 18, 1983, 7:30 p.m., in City Council Chambers, Municipal Building, and if approved on second reading take effect 1 day after final publication; seconded by Mr. Davis; carried Item 6 B.- Approval of site plan within the Kipling Activity Center. Prime Rate Wheat Ridge Partnership. Mr. Stromberg gave the staff report. Merlyn Jerzak St. Cloud, Minne- sota, representing Prime Rate, was present and answered Councils ques- tions. Don Lancaster 4076 Everett Street, representing the Wheat Ridge Urban Renewal Authority, spoke in favor of the submitted site plan. Motion by Mr. Merkl that the site plan for Case No. WSP -83 -2 /Prime Rate be approved with the following conditions. (1) Curb /gutter /sidewalk be required to be installed by the developer on the west and south sides of the project next to the new service road. (2) The Site plan is condi- tioned on the Highway Commission's approval of the land trade concept. (3) The property has been properly posted; seconded by Mr. Hobbs; car- ried 8 -0.