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FIRST AMENDMENT TO DEVELOPMENT COVENANT AND RESTRICTION
*17his First Amendment to Development Covenant and Restriction is entered into this 19th
day of February. 2014, by and between the City of Wheat Ridge. Colorado (**City*') and
Standard Pacific of Colorado. Inc. (the together. the parties,**
A. The parties entered into that certain Development Covenant and Restriction on
August 12. 2013 (the 2013 Covenant*'), which was filed for record with the Jefferson County
C_
Clerk & Recorder on August 16, 2013 at Reception No. 201 101733.
B. The Parties wish to amend the 201 Covenant to permit limited issuance of
building permits and certificates of'occupancy for no more than seven (7) model homes,
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2,013 Covenant Amended. The parties agree that Section 2.A of the 2013 Covenant shall
be amended to read in its entirety as follows:
A. Construction o f Public In
(1) Except as provided in subsections (2). (3) and (4) of this Section 2.A. the
Burdened Property may not be developed. no building permit for such
development may be issued by the City. and no individual lot within the
Burdened Property may be conveyed. unless and until all public
improvements necessary to serve the Burdened Property, as further described
and defined in Exhibit B ol'the 2013 Covenant (the - Public Improvements ").
have been constructed and accepted by the City.
(2) After installation of'- (1) an all-weather surtlace with two access points to 38"'
Avenue (all- weather being road base and/or I" lift ot'pavernent as weather
allows) approved in advance by the City and the Wheat Ridge Fire Protection
District, and installation of all required charged fire hydrants, the Declarant
may apply for and obtain building permits to begin construction on up to
seven (7) homes. Said homes shall not be conveyed nor contractually offered
flor sale prior to Certificates ol'Occupancy being issued,
(3) No Certificates of Occupancy may be issued for the homes pennitted to be
constructed pursuant to subsection (2) of this section 2.A unless and until
such time as all of the public improvements listed on Exhibit B, are complete
to the satistaction of the City and the Westridge Sanitation Distriction,
including the submittal of approved as-built drawing per City Code,
(4) In reliance upon the terms of' the Westridge Sanitation District letter •
December 16, 2013 (copy attached and incorporated herein as Exhibit A-I)
Certificates
• Occupancy may be granted for the home noted at subsection
(2) of this Section 2.A, as follows: (a) no more than four (4) Certificates •
Occupancy may be granted for limited use model homes and (b) no more
than three (3) additional Certificates of Occupancy may be granted for
occupied single family homes prior to Westridge Sanitation District's
acceptance of the required off site sanitary sewer system capacity increase.
- Limited use" shall not include granting of certificates of occupancy to be
occupied as traditional single family homes. In no event may more than than
seven (7) Certificates of Occupancy be granted prior to completion of all
Public Improvernents and their acceptance to the satisfaction of the City. all
in compliance Nvith the terms of this Development Covenant and Restriction.
Recordine. This First Amendment to Declaration of Covenant and Restriction shall be
recorded in the real estate records of Jefferson Count) and shall be a covenant running
Nvitil the Burdened Property in order to put prospective purchasers or other interested
parties oil notice as to the terms and provisions hereof,
3. Except as provided herein. the 2013 Covenant shall continue in full force and effect.
IN WITNESS WHERE'OF. the City and Declarant have each caused this First
Amendment to Development Covenant and Restriction to be signed by their duly authorized
agents as of the day and year first above set forth.
STATE CAF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this t44 i1, 1 , day of
2014, by
(S 1s A 1)
CITY OF WHEAT RIDGE, COLORADO
MEMO
EXHIBIT A-1
Westridge Sanitation District letter of December 16, 2013
lattached)
FROM :UESTRIBCE SANITATION FAX NO, :303 424 2628 Dec, 16 2013 09:57Am Pi
3 �05 Kipting Street - Suite 101
705 Kipting Street - Suite 101
Wheat Ridge, Colorado 80033
'0 • '
Phone (303) 424�-9467
6
Fax (303) 424-2628
Ms. Cindy Myers
Standard Pacific ♦ Colorado, Inc.
�.-,4X # 949-789-3441
AMMME&EM
If you have any questions, you may contact me at the telephone number above. Thank
you,
Sincerely,