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Home My WebLink AboutApplewood Row First Amendment to Covenant and REstriction - February 2024FIRST AMENDMENT TO THE DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COV NANT AND RESTRICTION (this "Covenant") is made and entered into as of the _U!� day of by and among the CITY OF WHEAT RIDGE, COLORADO, a hom rule municipal corporation (the "City"), and APPLEWOOD ROW, LLC _ (the "Developer"), together referred to as the "Parties." RECITALS 1. The Developer 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"), commonly known as APPLEWOOD ROW SUBDIVISION. 2. The Developer intends to develop the Property for two single -unit dwellings, subject to that certain subdivision plat for the Project titled APPLEWOOD ROW SUBDIVISION recorded with the Jefferson County Clerk and Recorder under reception number ?Oa 002&W 3. The City and Developer executed a Subdivision Improvement Agreement, dated p re.Lo.rJ/ l2. , and recorded with the Jefferson County Clerk and Recorder under Reception No. �202 0r9(p90 (the "SIA"). 4. The SIA outlines the obligations of the Developer relative the construction of Public Improvements and other on -site horizontal infrastructure, and outlines the required timing and phasing of those improvements in relation to the issuance of permits and certificates of occupancy. The SIA requires the Developer to execute and record this Covenant. 5. Pursuant to the SIA, the obligations of the Developer are proposed to be completed in one (1) phase —Phase 1—as shown in Exhibit B. 6. The Project is not developable unless and until the Public Improvements and other on -site horizontal infrastructure is installed, and it is the City's obligation to protect future lot owners from purchasing undevelopable lots. 7. The Parties agree that such protection shall take the form of this Covenant, execution and recording of which shall take place simultaneously with recording of the SIA. 8. The Parties wish to amend the Agreement to reference updated reception numbers of corresponding agreements and Final Plat. 9. The Parties wish to amend the agreement, as permitted by Section 20 of the Agreement. NOW, THEREFORE in consideration of the above recitals, which are fully incorporated herein by this reference, the delivery, receipt and sufficiency of which are acknowledged, the Parties agree as follows: R $43.00 11111111111111111111111111111111111111111111111111111111 IIII D $0.00 2024009691 02/22/2024 02:10:26 PM 7 Page(s) JEFFERSON COUNTY, Colorado AMENDMENT NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which are mutually acknowledged, the Parties hereto agree as follows: 1. Agreement Amended. Reception numbers listed in the Agreement are hereby updated. 2. Recording. This First Amendment will, at the expense of Developer, be recorded in the office of the clerk and recorder of Jefferson County, Colorado, and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. COVENANT AND RESTRICTION The entirety of the Property is hereby declared to be the "Burdened Property." 2. Imposition of Restriction. The Developer and its heirs, successors and assigns, hereby covenant and agree that the Burdened Property shall be subject to the following restriction: • No sale of any individual lot or any collection of individual lots which do not equal the entirety of the Property as described in Exhibit A may occur until such time as the Public Improvements and on -site horizontal improvements for the respective Phase and as required by the SIA are complete and accepted by the City. 3. Burdens Run with Land. Developer declares that this Covenant shall pass with and burden each and every tract, lot, and parcel of land within and which is a part of the Burdened Property, and shall apply to and be binding upon the heirs, successors in interest and assigns of the Developer and any owner hereafter of said tracts, lots and parcels, and shall run with the land at law and in equity. Each person acquiring any interest in the Burdened Property shall be deemed for all purposes to have assented and agreed, as an essential condition of any conveyance to it, to the provisions of this Covenant, to have agreed to comply with this Covenant and to have waived any right to challenge or contest the provisions hereof except as permitted herein. The benefits and burdens of this Covenant shall be perpetual unless released by written instrument executed by the City, acting in its sole but reasonable discretion upon a written request by the Developer or any successor. 4. Termination. The burden of this Covenant shall terminate for each Phase upon the City's acceptance of the Public Improvements and on -site horizontal infrastructure required for each Phase pursuant to the SIA. 5. Enforcement. The benefited party herein shall be the City. The rights, duties and obligations contained in this Covenant may be enforced by the filing of an appropriate action in law or in equity in the District Court for Jefferson County, Colorado whose jurisdiction over this Covenant is hereby acknowledged. Such action and remedies may include, but is not limited to specific performance, mandatory injunction, damages, forfeiture or other relief. In the event of any litigation under this Covenant, the court shall award reasonable attorneys' fees and costs to the prevailing party. 2 6. Governing Law. This Covenant shall be governed and construed in accordance with the laws of the state of Colorado. Venue and jurisdiction for any action arising under this Covenant shall be property and exclusive in the District Court for Jefferson County, Colorado. 7. Entire Agreement. This Covenant shall constitute the whole agreement between the Parties on the subjects contained herein, and no additional or different oral representation, promise or agreement shall be binding on the Parties with respect to the subject matter of this Covenant. 8. No Waiver. No provision of this Covenant may be waived except by written instrument signed by the Party to be charged with such waiver. Failure of any Party to this Covenant to enforce any provision of this Covenant shall not constitute a waiver of such provision, and no waiver by any Party to this Covenant, or of any provision of this Covenant, shall be constitute a waiver of any other provision or of the same provision. 9. Recording. This Covenant shall be recorded simultaneously with the SIA for the Property and shall be filed for record with the Office of the Jefferson County Clerk & Recorder. IN WITNESS WHEREOF, the Parties have executed this Covenant on the dates set forth below, intending that it be valid and effective from and after the date of such execution and recording. 3 ATTEST: CITY OF WHEAT RIDGE, COLORADO By: (0<Jjl�yl Bud Starker, Mayor pal Jerk 'i 4 DEVELOPER APPLEWOO��PW,,LL� By - Name: - Title: Aonz&a STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this ��~day of 202y , by Sar\ KaQrP.S , as Cie r�� er of n &LL Witness my hand and official seal. My commission expires: rlll� or: 1 TAMARA D ODEAN " NOTARY PUBLIC STATE OF COLORADO� NOTARY ID 20164015481 Notary Public MY COMMISSION EXPIRES APRIL 22, 2024 (SEAL) 5 EXHIBIT A Legal Description of the Property APPLEWOOD ROW SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO 11 EXHIBIT B 1+ Phasing Plan for Public and On -Site Improvements The public improvements for the property shall be installed in One phase as outlined below: • All public improvements along W. 38th Place and Pierson Court, including asphalt, streetlights, curb and gutter, sidewalks, and curb ramps shall be completed prior to issuance of the first building permit, in accordance with the approved plan set for the right-of-way improvements. • Fees in lieu of public improvements for all remaining improvements not required to be built with this project (streetlight, pedestrian light, curb ramp, asphalt, curb and gutter, sidewalk, and amenity zone on W. 38th Avenue; sidewalk, curb and gutter on Pierson Court; and small section of sidewalk, and curb and gutter on W. 38th Place) in the amount of $57,275.00 shall be paid prior to recordation of the plat. Right-of-way (ROW) permit may be obtained after letter of credit is provided. Installation of landscaping and irrigation is not required prior to Certificate of Occupancy if issuance of C.O. occurs outside of the planting season, generally October to June. Refer to Section 12 of the Subdivision Improvement Agreement. 7