HomeMy WebLinkAboutCDHS Summit Village-Development Covenant Agreement-June 2024_Page_11o $0.00
2024035956
06/25/2024 09:18:00 AM 11 Page(s)
JEFFERSON COUNTY, Colorado
DEVELOPMENT COVENANT AGREEMENT
THIS DEVELOPMENT COVENANT AGREEMENT is made as of
the _L:4:�" day of I une. , 201q by and between the CITY OF WHEAT RIDGE,
COLORADO, a home rule municipal corporation (the "City"), the State of Colorado,
acting by and through Department of Human Services (the "Applicant"), and
Jefferson County Housing Authority, a body corporate and politic, doing business as
Foothills Regional Housing (the "Developer"), 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 approved the Final Plat for the Property titled CDHS
Summit Village Subdivision Filing No. 1 on June 10 2024, which Plat subdivided the
Property into two lots. A copy of the Plat is attached hereto as Exhibit B, and incorporated
herein.
C. The Applicant intends to sell Lot 1 to the Developer and retain ownership of Lot 2.
D. The Applicant may not in the future be involved with development of Lot 1, and in
that event should not be responsible for the installation of public improvements for the
Property required by the Code of Laws and shown on the approved Final Plans. The final
plat and civil construction drawings held by the Community Development Department,
are collectively considered, and referred to herein, as the "Final Plans."
E. The Developer intends to construct all public improvements required for the
entirety of the Property.
F. The Developer shall be responsible to furnish civil construction drawings and all
financial guarantees for the public improvements as determined by the Director of Public
Works and the Community Development Director jointly.
G. 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. Incorporation of Recitals. The Recitals above are hereby incorporated as
enforceable components of this Agreement.
2. Compliance with Final Plans: The entity which develops Lot 1 consistent with the
Final Plans, whether the Developer, Applicant or a successor or assign of the Developer
or Applicant, shall be required to comply with all applicable sections of Chapter 26 of the
Wheat Ridge Code of Laws.
3. Binding Effect; Term: The terms of this Agreement shall be a covenant running
with Lot 1 and shall remain in full force and shall bind Lot 1 and the successors and
assigns of the Developer 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 Lot 1. The
Parties agree such Future Agreement is subject to the approval of the City in accordance
with the Wheat Ridge Code of Laws, and duly adopted regulations and engineering
standards. In the event the City does not approve the Future Agreement, the terms of this
Agreement shall remain applicable to Lot 1, and any development of Lot 1 shall conform
to the requirements of Chapter 26 of the City's Code of Laws and the Public Improvement
Requirements contained herein.
4. Application of Future Agreement: The executed Future Agreement shall replace
this Agreement in its entirety and shall bind the Developer and its successors and assigns
to complete all required on- and off -site public improvements as shown on the Final Plans
as approved by the City of Wheat Ridge Community Development Director and pursuant
to current City standards. The Parties agree such Future Agreement is subject to the
approval of the City in accordance with the City's Code of Laws, and duly adopted
regulations and engineering standards. In the event the City does not approve the Future
Agreement, the terms of this Agreement shall remain applicable to Lot 1, and any
development of Lot 1 shall conform to the requirements of Chapter 26 of the City's Code
of Laws and the Development Requirements contained herein. In the event the Future
Agreement has been approved by the City and recorded with the Jefferson County Clerk
and Recorder, this Agreement shall be considered thereby released and terminated.
5. Public Im rovement Requirements: The public improvement requirements
applicable to the Property, in addition to all standards and requirements in the then -
current version of Chapter 26 of the City's Code of Laws, include, but not by way of
limitation:
a. The construction of curb, gutter, 8-foot wide landscape buffer, and 8-foot wide
detached sidewalk along Ridge Road for the length of the property, and
b. Widening of Ridge Rd including asphalt and striping to accommodate a center
turn lane and bike lane with Westbound lane shifted north, and
c. The construction of curb, gutter, 6-foot wide landscape buffer, and 6-foot wide
detached sidewalk along Miller St including replacement of uncompliant curb
ramps for the length of the property, and
d. The construction of curb, gutter, 6-foot wide landscape buffer, and 6-foot wide
detached sidewalk along W. 54th Avenue for the length of the property, and
e. Undergrounding overhead electric facilities, and
f. Street lighting; and
g. Water quality, detention, and/or drainage facilities based on Wheat Ridge Site
Drainage Requirements
The required public improvements shall be finally determined at the time of execution of
the Future Agreement.
6. Sale of Property: Lot 1 may be sold separately to the Developer upon recording
of the Final Plat and this Agreement, under the condition that the Developer shall enter
into a Future Agreement prior to site planning. In the event the future Agreement is not
entered into, any development of Lot 1 shall remain subject to all requirements of Chapter
26 of the City's Code of Laws.
7. Easements: The Applicant shall
easements that may be required of the
improvements on and adjacent to Lot 2.
not withhold any temporary construction
Developer for the construction of public
8. 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 Lot 1. Building permits for individual lots may be issued
by the City conditioned upon compliance with all terms listed in the Future Agreement.
9. Fees Associated with Development of Property: Unless waived by the City, 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 Developer or its successor
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.
10. Improvements to Property: No site work shall be performed on Lot 1 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 Lot 1,
provided proper permits are issued by the City.
11. Recording: This Agreement shall be filed for record with the Jefferson County
Clerk and Recorder, the fees for which shall be paid by the Developer.
[REMAINDER OF PAGE IS INTENTIONALLY BLANK]
CITY OF WHEAT RIDGE, COLORADO
By: A)
Bud Starker, Mayor
ATTEST:
APPLICANT
State of Colorado, acting by and through Department
of Human Services
e
By:
Name: Christina Beisel
Title: Interim Chief Financial Officer and Deputy
Executive Director, Financial Services
STATE OF COLORADO
COUNTY OF �.Y1V4,Y'- j SS.
The foregoing instrument was acknowledged before me this 3 Y
da of
2024, by Clint Woodruff, as Deputy Executive Director of Financial
Services and Chief Financial Officer of State of Colorado, acting by and through
Department of Human Services.
Witness my hand and official seal.
My commission expires
►ilisl-)-ba—I
EBONY TRANSOU
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20ON039378
MY COMMISSION EXPIRES 11116/2027
(SEAL)
DEVELOPER
Jefferson County Housing Authority, a body corporate
and politic, doing�l siness as Foothills Regional
Housing � n
By:.
Nam . Lori Ro endahl
Title: Chief Executive Officer
STATE OF COLORADO )
SS.
COUNTY OF Al
The foregoing 'instrument was acknowledged before me this day of
2024, by Lori Rosendahl as Chief Executive Officer of Jefferson
Co my Housing Authority.
Witness my hand and official seal.
My commission expires: J- � � - a, 0 2L6
----M �x� . —�s
Notary Publi �)
MARY I. BARNER
(SEAL) NOTARY PUBLIC . STATE OF COLORADO
Notary ID #20184007194
My Commission Expires 2117/2026
EXHIBIT A
Legal Description of the Property
CDHS SUMMIT VILLAGE SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
EXHIBIT B
Final Plat
(see attached)
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