HomeMy WebLinkAboutCrossing Drive Development Agreement2025062401 8/20/202510:59AM
PGS 67 $43.00 DF $0.00
Electronically Recorded Jefferson County, CO
Amanda M Gonzalez, Clerk and Recorder TD1 000 N
T THIS DEVELOPMENT AGREEMENT (this "Agreement") is made as of the �d
if A i1 15 + 2025 (the "Effective Date"), by and between the CITY OF WHEAT
RIDGEtOLORADO, a home rule municipal corporation (the "City"), and
EVERGREEN -CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability compan
(the "Developer"), together referred to as the "Parties." I
TTZ�P
A. 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"). The project entails development of Crossing Drive, a publicly -
accessible private drive located in the Clear Creek Crossing master -planned
development, southeast and southwest of the 40th Avenue and Clear Creek Drive
intersection, to and through Planning Areas 3 (a.k.a. Block 2) and 6 (a.k.a. Block 4) of
Clear Creek Crossing (the "Project").
B. On January 13, 2025, the City of,
Development Plan Amendment for the Property titled Clear Creek Crossing Planned
Mixed Use Outline Development Plan Amendment No. 2 (the "ODP"). A copy of the
ODP is attached hereto as Exhibit B and incorporated herein.
C. On February 20, 2025 the City of Wheat Ridge approved replats of Block
2 and Block 4 for the Property titled Clear Creek Crossing Retail Replat A and Clear
Creek Crossing Block 4 Replat C (the "Final Plats"). A copy of the Final Plats is
attached hereto as Exhibit C and incorporated herein.
D. On July 3, 2025, the City of Wheat Ridge approved the civil construction
-irawings titled Clear Creek Crossing Block 2 Clear Creek Crossing Retail Replat A,
Block 4 Clear Creek Crossing Replat B Construction Drawings (the "Crossing Drive
Public Infrastructure"). For purposes hereof, "Final Approvals" means the Final Plats,
the ODP and the Crossing Drive Public Infrastructure.
F. The Public Improvements and non -City acquired public improvements
required by this Agreement are needed and intended to serve the public in accessing
and using the private development throughout the Project. Such Public Improvements
and non -City acquired public improvements shall be constructed and maintained by the
Developer and its successors and assigns.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the Parties
hereto agree as follows:
1 . Purpose. The purpose • this Agreement is to set forth certain terms,
conditions, and fees to be paid by the Developer upon development of the Property. All
conditions contained herein are in addition to any and all requirements • the City •
Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge
Charter, any and all state statutes, and any other sections of the City of Wheat Ridge
Municipal Code (collectively, the "City Requirements") and are not intended to
supersede any requirements contained therein, except for those waivers or
modifications that are specifically enumerated herein.
2. Related City A , _Areements and Approvals. The Property is subject to that
certain • Development Plan titled Clear Creek Crossing -• -• Use
Outline Development Plan recorded with the Jefferson County Clerk and Recorder
•- reception •- 2018051726 and any amendments thereto. The Property will
also • subject to the subdivision plat(s), civil construction documents, right-of-way
permit application(s), grading permit application(s), site work permit application(s), and
building permit application(s) (together and collectively, the "Approved Plans"). Through
such approvals, the City will review and approve the final design of any development,
• Improvements (as defined in Section 7 •- and • acquired •
improvements (as defined in Section 7 below) related thereto. This Agreement is based
on information available at the time of approval of the civil construction documents. The
Developer shall obtain all required permits and comply with all applicable conditions
including, • not. limited • contractor licensing, insurance, and bonding.
The ••- is subject to various • and sale agreements or leases
between the Developer and various end users which outline the allocation of
commitments for certain of the obligations of Crossing Drive Public Infrastructure. This
agreement obligates the Developer or its successors and assigns to install all Crossing
Drive Public Infrastructure under separate permit, and in advance of certain Certificates
of Occupancy for the adjacent site -specific development as and to the extent provided
i-t EYNIbit D.
3. Fees and Taxes. The Developer -• agrees to • City development
review, building permit and plan review fees to the City for engineering, hydrological,
surveying, legal, and other services rendered in connection with the review • the
development • the Property as codified in the City Requirements. The project is
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4896-9726-8550, v. 2
and payable) arising by, through or under Developer and any other encumbrances
which would make the dedication or reservation unreasonably unacceptable as to the
use or applicability of the applicable dedication as the City determines in its reasonabi
discretion (collectively, the "Permitted Exceptions"). The City, in its sole discretion, ma
accept any dedication regardless of encumbrances. The title policy evidenced by the
title commitment shall be provided within thirty (30) days after the recording of this
Agreement, in an amount equal to the fair market value of the property so dedicated or
reserved as such amount is reasonably agreed upon by Developer and the City.
6. Breach by the Developer: the City's Remedies. In -the event of a breach
any of the terms and conditions of this Agreement by the Developer, the City may take
such action as permitted and/or authorized by law, this Agreement, or the ordinances
and Charter of the City as the City deems necessary to protect the public health, safet
and welfare; to protect lot buyers and builders; and to protect the citizens of the City
from hardship and undue risk. These remedies include, but are not limited to:
I
,a) Therefusal to issue any building permit or certificate of occupancy for the
Property;
(b) The revocation of any building permit for the Property previously issued
under which construction directly related to such building permit has not
commenced, except a building permit previously issued to a third party; or
(c) A demand that the security given for the completion of the Public
Improvements be paid or honored; or
(d) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety and welfare of the City
tir to protect the City's interest with regard to security given for the completion of the .
Public Improvements and non -City acquired public improvements, the City shall provide
the Developer thirty (30) days written notice of its intent to take any action under this
paragraph during which thirty (30) day period the Developer may cure the breach
1escribed in the notice. Notwithstanding the foregoing, if such breach or
noncompliance cannot be reasonably cured within such thirty (30)-day period,
Developer shall be granted such additional time as is reasonably necessary provided
that Developer good faith commences to cure such breach or noncompliance within
such thirty (30)-day period and thereafter diligently completes such cure in good faith
within ninety (90) days after such notice from the City unless the City and Developer
otherwise agree to a longer cure period.
7. Installation and Phasing of Public and On -Site Infrastructure. The publi
improvements to serve the Property are divided into two categories: The "Public
Improvements" (defined to include those improvements to be conveyed to the City) a
all other improvements not to be conveyed to the City (defined as the "non -City -
acquired public improvements"), all as shown on the Final Approvals and Approved
Plans. I
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4896-9726-8550, v. 2
in Section 11 of this Agreement and as outlined in Exhibit D, with only such exceptions
as shall be approved in advance by the Director in the exercise of his or her sole
:tiscretion.
The itemized • • the • Improvements required • this Agreement and
• • the construction documents approved by the Director are set forth • Exhibit
E. All • Improvements covered • this Agreement shall •- made in accordance
with the Approved Plans. The quantities and locations for the Public Improvements are
based on information that was available at the time of approval of this Agreement.
Construction of public improvements in City Right -of -Way shall be limited to the
• • 7:00 a.m. to 5:00 • Monday through • The Developer may request to
perform work in the Right -of -Way outside of these days and/or times, subject to
approval from the Public Works Department, and the Developer shall be liable for any
overtime payments required by the inspector • Section 21-53a • the City Code).
Construction • private improvements, including construction of buildings,
driveways, private retaining walls, or demolition, and installation of landscaping shall be
limited to the hours of 7:00 a.m. to 7:00 p.m., per Section 5-46 of the City Code.
8. Warranty of Public Improvements. The Developer shall warrant any and
all Public Improvements which are conveyed to the City • to this Agreement for
a period of two (2) years from the date the Director certifies that the same conforms to
the Approved Plans and the specifications approved by the City as part of the Approved
Plans (the "Warranty Period"). Specifically, • not by way • limitation, the Developer
shall warrant the following:
(a) That the title conveyed shall be marketable subject to the Permitted
Exceptions;
(b) Any and all Public Improvements conveyed shall •- free from any security
interest • subject • to the Permitted Exceptions; and
(c) Any and all Public Improvements so conveyed shall be free of defects in
materials or workmanship for a period of two (2) years as stated above;
•
(d) To the •-• the Developer is required to install and maintain
landscaping • public property, it is the obligation of Developer and its
successors and assigns, to maintain the required landscaping in
perpetuity as and to the extent provided in the Approved Plans.
The City will finally accept for maintenance all Public Improvements, exclusive of
landscaping materials as and to the extent provided in the Approved Plans, after the
two-year Warranty Period has expired provided all warranty work itemized and
requested by the City per the terms of this Agreement has been substantially
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4896-9726-8550, v. 2
completed. The City shall accept for snow removal purposes only, all dedicated public
,;treets upon close out of the Right -of -Way permit.
9. Modification of Traffic Signal. A traffic signal is required to serve this
1evelopment and has been installed. The Developer shall notify the City in writing, a
minimum of thirty (30) days prior to the desired time of modification of the traffic signal
in order to allow the City to coordinate the timing of the traffic signal improvements
10. Observation, Inspection and Testing. The City shall have the right to
require reasonable engineering observations and testing at the Developer's expense.
Observation and testing, acquiescence in, or approval by any engineering inspector of
the construction of physical facilities at any particular time shall not constitute the
approval by the City of any portion of the construction of such Public Improvements or
non -City acquired public improvements. Such approval shall be made by the City, only
after completion -of construction and in the manner hereinafter set forth.
The Director is designated by the City to exercise authority on its behalf under
this Agreement and to see that this Agreement is performed according to its terms.
Work under this Agreement may, without cost or claim against the City, be suspended
by the Director for substantial cause, subject to the notice and cure provisions of this
Agreement.
The Director shall, within a reasonable time after presentation, but not to exce
thirty (30) days, make decisions in writing on all claims of Developer and on all other
matters relating to the execution and progress of the work or the interpretation of this
Agreement, the master plan and specifications. The Parties agree that field design
changes or design changes because of site conditions in the field will be supported b
revised construction documents as determined by the Director. All such decisions of I
t�- Director shall be final.
The Director shall, within a reasonable time after presentation, but not to exceed
thirty (30) days, make decisions in writing on all claims of Developer and on all other
matters relating to the execution and progress of the work or the interpretation of this
Agreement, the Approved Plans and City Requirements. All such decisions of the
Director shall be final.
The Director will make periodic observations of construction (sometimes
commonly referred to as "supervision"). The purpose of these observations and
construction checking is to determine the progress of the work and to see if the work is
being performed in accordance with the Approved Plans. The Director will in no way be
responsible for how the work is performed, safety in, on, or about the job site, methods
of performance, or timeliness in the performance of the work.
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4896-9726-8550, v. 2
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4896-9726-8550, v. 2
The Developer agrees that approval of this Agreement by the City is contingent
upon the Developers provision of the Performance Guarantee to the City within ninety
(90) days of the execution of this Agreement in the amount and form provided herein.
Failure of the Developer to provide the Performance Guarantee to the City in the
manner provided herein shall negate the City's approval of this Agreement. The
Developer shall not start any construction of any public or private improvement on the
Property including, but not limited to, staking, earthwork, overlot grading or the erection
tf any structure, temporary or otherwise, until the City has received the Performance
Guarantee. Notwithstanding the foregoing, the Developer may obtain the appropriate
permits and commence demolition and/or remediation of the Property and may obtain a
grading permit with posting of appropriate bond prior to the, City's receipt of the
Performance Guarantee.
Egreea Tpon Djr in UTemper anu ine 21FOURF, as set MUM H] r-AMORR - W--
If, however, they are unable to agree, the Director's estimate shall govern after giving
consideration to information provided by the Developer including, but not limited to,
construction contracts and engineering estimates. The purpose of the cost estimate is
eolely to determine the amount of security. No representations are made as to the
?ccuracy of these estimates, and the Developer agrees to pay the actual costs of all
such Public Improvements.
0 GRIM Will 1 25 � rM
may exercise ine iremeules pro
to increasing the amount of additional security required, the City shall give credit to the
Developer for all required Public Improvements which have actually been completed so
that the amount of security required at all time shall relate to the cost of required Public
Improvements not yet constructed.
In the event the Public Improvements are not constructed or completed within ffil
period of time specified by Section 11 of this Agreement or a written extension of time
mutually agreed upon by the Parties to this Agreement, the City may use the
Performance Guarantee to complete the Public Improvements called for in this
Agreement.
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4896-9726-8550, v. 2
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17. Indemnification. Except to the extent caused directly by authorized agents
or employees of the City, the Developer shall indemnify and hold harmless the City and
its officers, employees, agents, or servants from any and all suits, actions, and claims of
every nature and descriiption caused by, arising • • on account of any act or
omission of the Developer, or of any other person or entity for whose act or omission
the Developer is liable, with respect to the Public Improvements and non -City acquired
public improvements; and the Developer shall pay any and all judgments rendered
against the City as a result of any suit, actiori, or claim, together with all reasonable
expenses and attorneys fees and costs incurred by the City in defending any such suit,
action or claim provided such suit, action, or claim. This indemnity •!- not include any
legal action commenced by a third party against the City for any accidents, crimes or
similar events not caused in whole or in part by the Developer or its agents, contractors
or employees and outside of the Developers control. The Developer shall pay all
property taxes due on any portion of the Property to be dedicated to the City and shall
indemnify and hold harmless the City for any property tax liability in connection
therewith.
18. Waiver of Defects. In executing this Agreement, the Developer waives all
objections it may have concerning •- if any, in the formalities whereby it is
executed, or concerning the power • the City to •• conditions • the Developer as
set forth herein, and concerning the procedure, substance, and • of the ordinances
or resolutions adopting this Agreement.
19. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
20. Modifications. This instrument embodies the whole agreement of the
Parties. There are no promises, terms, conditions, • obligations • than thos-
a • herein; and this Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the Parties. There
shall be no modification of this Agreement except in writing, executed with the same
formalities as this instrument. Subject to the conditions precedent herein, this
Agreement may be enforced in any court of competent jurisdiction.
21. Release of Liability. It is expressly understood that the City cannot be
legally bound by the representations of any of its agents or their designees except in
accordance with the City • Wheat Ridge •+- of Ordinances and the laws of the State
of Colorado.
9
4896-9726-8550, v. 2
22. Captions. The captions to this Agreement are inserted only for the
purpose • •'I reference and in no way •- limit, • prescribe the ••' •
intent of this Agreement or any part thereof.
23. Binding Effect. This Agreement shall •' binding upon and inure to the
benefit of the Parties hereto and their respective heirs, successors, and assigns as the
case may •'
24. No Waiver. No waiver of any of the provisions of this Agreement shall be
deemed or constitute a waiver of any other provisions herein, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided, • shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder.
25. Invalid Provision.. If any provision • this Agreement shall • determined
to be void by any court of competent jurisdiction, then such determination shall not
affect any other provision hereof, all of the other provisions shall remain in full force and
effect. It is the intention of the Parties that if any provision of this Agreement is capable
of two constructions, one of which would render the provision void, and the other which
would render the provision valid, then the provision shall have the meaning which
renders it valid.
• Governing Law. The laws • the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party institute
legal suit or action for enforcement of any obligation contained herein, venue of such
suit or action shall be in Jefferson County, Colorado.
27. Attorneys Fees. Should this Agreement become the subject of litigation to
resolve a dispute over the interpretation of this Agreement or either party's rights or
!tbligations hereunder, the prevailing party will receive reimbursement from the non -
prevailing • of the prevailing party's reasonable • fees and •
M
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mail with the proper address as set forth belo . Either Party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer: Evergreen -Clear Creek Crossing, L.L.C.
• Tyler Carlson
1873 S. Bellaire Street, STE 1200
Denver, CO 80222
with a copy to: Jumps Law, LLC
Attention: Brian Jumps
2630 West Belleview Avenue
Suite 270
10
4896-9726-8550, v. 2
Notice to City: Community Development Director
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
192
4. Force Maieure. For purposes hereof, "Force Majeure" shall mean delay
beyond the reasonable control of the party claiming the delay, including, but not limited
to, acts of God, government mandated closures, incidence of disease or other illness
that reaches outbreak, epidemic and/or pandemic proportions, any delay caused by any
action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision
portion of the Project, over the construction of the Public Improvements and
Infrastructures or over any uses thereof, or by delays caused by any action, inaction,
condition or other decision by any utility company responsible for "dry" utilities, or by
delays in inspections orin issuing approvals or permits by governmental or quasi -
governmental agencies, or by fire, casualty, flood, adverse weather conditions such as,
by way of illustration and not limitation, wind, snow storms which prevent outdoor work
from being accomplished, severe rain storms or below freezing temperatures of
abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes,
lockouts or other labor or industrial disturbance (whether or not on the part of agents or
employees of either Party hereto engaged in the construction of the Infrastructures),
civil disturbance, order of any government, court or regulatory body claiming jurisdiction
or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or
inability to secure materials or labor (including labor and materials shortages caused by
national weather or other national events), or other natural or civil disaster, delays
caused by any dispute resolution process provided herein or by the City Requirements,
or any delays by injunctions or lawsuits concerning the overall project. Lack of funds or
inability to obtain internal approvals shall not constitute Force Majeure. Any deadline
hereunder shall be extended by Force Majeure.
• and • have completed and -• all obligations under this
`•
5. Title and Authority. The Developer expressly warrants and represents to
the City that it is the record owner • the property constituting the Property and further
• and warrants that the undersigned individual(s) has • have full •• and
authority to enter into this Subdivision Improvement Agreement. The Developer
understands that the City is relying • such representations and warranties in entering
into this Agreement.
WHEREFORE, the Parties hereto have executed this Agreement on the day and
year first above written.
12
4896-9726-8550, v. 2
CITY:
CITY OF WHEAT RIDGE, COLORADO
By: w')�__
Bud Starker, Mayor
ATTEST:
Margy GWgr, Sr. Deputy City Clerk
AP P TO F
Gerald Dahl, ity Attor
13
4896-9726-8550, v. 2
DEVELOPER:
NOUN= 0 00001=
IM !LWJM-I IWONFAGANIIIIIIIIII it,744M MM llffiksj III or-111M
By: Evergreen Development Company-
2016, L.L.C., an Arizona limited liability
company
Its: Manager
By: Evergreen Devco, Inc., a California
corporation
Its: Manager
By:
Name:
Title:.
STATE OF C6()rCtdL
)ss.
COUNTY OF NTLL-�
The foregoing instrument was acknowledged before me this day of
NAOU,4- 2026, by TLA br-4 as
WD of Evergreen Devco, Inc., a dalifornia corporation, as Manager for
Evergreen Development Company-2016, L.L.C., an Arizona limited liability company, as
Manager for Evergreen -Clear Creek Crossing Apartments, L.L.C., an Arizona limited
liability Company.
Witness my hand and official seal.
My commission expires:
Notary Public
LISA RITTER
(S F A L) NOTARY PUBLIC. STATE OF COLORADO
NOTARY ID 20184019793
My COMMISSION EXPIRES MAY 9, 2026
Eaa
14
4896-9726-8550, v. 2
EXHIBIT A
TRACT A, CLEAR CREEK CROSSING BLOCK 4 REPLAT C; AND TRACT B, CLEAR
CREEK CROSSING RETAIL REPLAT A, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO
A-1
EXHIBIT B
ODP Amendment
(see attached)
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2025035120
0611012025 i y
JEFFERSON COUNTY, Colorado
OWNER CONSENT FORMS
CLEAR CREEK CROSSING P U D
OUTLINE DEVELOPMENT PLAN
AMENDMENT O.2
THIS OWNER CONSENT TO ODP AMENDMENT (this "Consenf) is made on this 13th
fay of May, 2025, by PR -Wheat Ridge, CO-l-UT, LLC, a Utah limited liability company
("Owner").
19 plej I 1F.11
A. Owner is the fee owner of that certain parcel of real property in Wheat Ridge,
Ae- ff-erw..-F described on Exhibit A attached hereto and made
a part hereof (the "Property").
B. The Property is located within the Clear Creek Crossing Nfixed Use Development
and is 'subject to that certain Clear Creek Crossing Official Planned Mixed Use Outline
Development Plan, City of Wheat Ridge, Colorado, as recorded in the real property records of
Jefferson County, Colorado (the "Official Records"), on June 8, 2018, at Reception No.
2018051726 (as previously amended, the "ODP").
C. Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company
("Evergreen"), as developer, is processing an amendment to the ODP pursuant to that certain
CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 2 (the "ODP Amendment").
Evergreen has provided Owner a full and complete copy of the ODP Amendment for Owner's
review.
Evergreen desires to obtain approval of and record the ODP Amendment in the
Official Records.
E. Owner has agreed to consent to the final approval and recordation of the ODP
Amendment in the Official Records.
AGREEMEENT
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt ani
i,ufficiency of which is hereby acknowledged by Owner, Owner does hereby covenant and agrci
?s follows:
1. Owner hereby consents to the final approval and recordation of the OD77-
Amendment in the Official Records. Owner further agrees that this Consent may be recorded in
the Official Records to evidence Owner's appro�al of the ODP Amendment.
3. If this Consent is executed in multiple counterparts, all counterparts taken together
will constitute this Consent.
4904-7897-9139, V. 1
IN WITNESS WHEREOF, the undersigned has executed this Consent on the date fir
above written. i
OWNER:
PR -Wheat Ridge, CO-1-UT, LLC
a Utah limited liability company
By: Embree Development Group, Inc.
a Texas corporation, Member
By: LYJ'la
Name: A13,11V
rr
Its:
STATE OF TEXAS
)ss
COUNTY OF Wl1LLLkMSON
The foregoing instrument was acknowledged before me this 130' day of May, 2025, by Philip H.
Annis, the President of Embree Development Group, Inc. as Member of PR -Wheat Ridge, CO-1-UT, LLC,
a Utah limited liability company, on behalf said entj
Notary Public
My Commission Expires:
-EmNN TERESA T. ADAMS
.S Notary Public, State of Texas
Comm.Expires08-30-2025
so, lF24,-r"�'�.NotaryID125416r3l.9
4904-7897-9139, v. 1
OFCOLORADO
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4904-7897-9139, v. 1
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B. The Property is located within the Clear Creek Crossing Mixed Use Developm
I
and is subject to that certain Clear Creek Crossing Official Planned Mixed Use Outh
Development Plan, City of Wheat Ridge, Colorado, as recorded in the real property records
Jefferson County, Colorado (the "Official Records"), on June 8, 2018, at Reception NJ
2018051726 (as previously amended, the "ODP').
C. Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company
C'Evergreen"), as developer, is processing an amendment to the ODP pursuant to that certain
CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 2 (the "ODP Amendment).
jl-p &-Trje-rifn jqq 41,31
D. Evergreen desires to obtain approval of and record the ODP Amendment in the
Official Records.
E. Owner has agreed to consent to the final approval and recordation of the ODP
Amendment in the Official Records.
Z4 31401 51cl I
suMciency of which is hereby acknowledged by Owner, Owner does hereby covenant and agree
as follows:
1. Owner hereby consents to the final approval and recordation of the ODP
Amendment in the Official Records. Owner ftirther agrees that this Consent may be recorded in
the Official Records to evidence Owner's approval of the ODP Amendment.
�11;74 �47 01MI1 VUW1 �§* � �46
3. if this Consent is executed in multiple counterparts, all counterparts taken together
will constitute this Consent
[Signature Page to Follow]
4919-4647-7111. v. 1
IN WITNESS WHEREOF, the undersigned has executed this Consent -on the date first
above written.
OWNER:
STATE OF "A '
/T—
)ss
County of
The f instnment was acknowledged before me this
of n behalf said
entity.
Notary it--`_
My Commission Expires:
EXHIBIT A
PROPERTY
LOT 2, BLOCK 3, KUM & GO AT CLEAR CREEK CROSSING, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 8, 2020 UNDER RECEPTION NO.2020052045, COUNTY OF
JEFFERSON, STATE OF COLORADO.
A-1
491 "647-7111, v. 1
THIS OWNER CONSENT TO ODP AMENDMENT (this "Consent") is made on this 6"
day of June, 2025, by Erika K. Shorter ("Owner,").
I ZI X6J I IF411
• V !A-'Wj-, Nff-51111 givIWI,
a part hereof (the "Property").
B . The Property is located within the Clear Creek Crossing Mixed Use Development
nd is subject to that certain Clear Creek Crossing Official Planned Mixed Use Outline
Lf,evelopment Plan, City of Wheat Ridge, Colorado, as recorded in the real property records cf.
Jefferson County, Colorado (the "Official Records"), on June 8, 2018, at Reception No.
P-0 18051726 (as previously amended, the "ODP").
C. Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company
("Evergreen7% as developer, is processing an amendment to the ODP pursuant to that certain
CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 2 (the "ODP Amendmenf).
Evergreen has provided Owner a full and complete copy of the ODP Amendment for Owner's
review.
D. Evergreen desires to obtain approval of and record the ODP Amendment in the
Official Records.
E. Owner has agreed to consent to the final approval and recordafion of the ODP
Amendment in the Official Records.
AGREEMENT
sufficiency of which is hereby acknowledged by Owner, Owner does hereby covenant and agree
as follows:
1. Owner hereby consents to the final approval and recordation of the ODP
Amendment in the Official Records. Owner finther agrees that this Consent may be recorded in
the Official Records to evidence Owner's approval of the ODP Amendment.
3. If this Consent is executed in multiple counterparts, all counterparts taken together will
constitute this Consent.
[Signature Page to Follow]
4919-4647-7111, v. 1
IN WITNESS WHEREOF, the undersigned has executed this Consent on the date first
above written.
Its: Individual
STATE OF
)ss
County of
The foregoing instrument was acknowledged before me this to{-` day of-S�., e- , 20�by
r, . c4 V- Sh��-�c4 the � Y,,(; a,,- t of tii 1 �1r , on behalf said
entity. A
Notary Public
My Commission Expires:
TRACEY L JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064006639
MY COMMISSION EXPIRES O411SM29
'3-Z
49194647-7111, v. 1
MKI.1;1 4
1, � 1, I 1' 1 1, 1 • i
'1 1 1'! 1 I L; 1 ' ' 1 � I I I I• 1 1
JEFTERSON, STATE OF COLORADO.
A-1
4919-4647-7111, v. 1
THIS OWNER CONSENT TO ODP AMENDMENT (this "Consenf) is made on this 23rd
day of May, 2025, by Footldlls Credit Union C'Owner").
A. Owner is the fee owner of that certain parcel of real property in Wheat Rida
5
Jefferson County, Colorado, more particularly described on Exhibit A attached hereto and mad
a part hereof (the "Property").
B. The Property is located within the Clear Creek Crossing Mixed Use Developm
and is subject to that certain Clear Creek Crossing Official Planned Mixed Use Outli
Development Plan, City of Wheat Ridge, Colorado, as recorded in the real property records
Jefferson -County, Colorado (the "Official Records"), on June 8, 2018, at Reception
2018051726 (as previously amended, the "ODP").
C. Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability comp
N
C'Evergreen'), as developer, is processing an amendment to the ODP pursuant to that certai
CLEAR CREEK CROSSING PMUD - AMENDMENT NO., 2 (the "ODP Amendment"
Evergreen has provided Owner a full and complete copy of the ODP Amendment for Owner
review.
D. Evergreen desires to obtain approval of and record the ODP Amendment in
Official Records.
E. Owner has agreed to consent to the final approval and recordation of the ODP
Amendment in the Official Records.
AGREEMENT
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
M
1. Owner hereby consents to the final approval and recordation of the ODP
Amendment in the Official Records. Owner finiher agrees that this Consent may be recorded in
the Official Records to evidence Owner's approval of the ODP Amendment.
3. If this Consent is executed in multiple counterparts, all counterparts taken together will
citiTsfixite this Consent.
[Signature Page to Follow]
49194647-7111, v. 1
IN WITNESS WHEREOF, the undersigned has executed this Consent on the date first
above written.
OWNER:
By:
Name:
Its:
STATE OF CC)IOfQ,00
)ss
County of
The foregoing instrument was acknowledged before me this � day of n-QLA I 20ZOy
the of behalf said
entity.
My Commission Expires:
3.1-7-te
Notary Public
BRIANNA ASHALEY BILB§—EY
Notary Public
State of Colorado -
Notary ID #20224008519
My commission Expires 03-01-2026
-az
4919-4647-7111, v. 1
EXHIBIT A
PROPERTY
LOT 2, BLOCK 2, CLEAR CREEK CROSSING RETAIL, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 16, 2020 UNDER RECEPTION NO.2020084775, COUNTY OF
JEFFERSON, STATE OF COLORADO.
A-1
4919-4647-7111,v.1
THIS OWNER CONSENT TO ODP AMENDMENT (this "Consenf') is made on this 13
day of May, 2025, by CC Burritos, LLC ("Ownee,). I
I Zi X6J I 1F.1
= =7111
a part hereof (the "Property").
B. The Property is located within the Clear Creek Crossing Mixed Use Development
and is subject to that certain Clear Creek Crossing Official Planned Mixed Use Outline
Development Plan, City of Wheat Ridge, Colorado, as recorded in the real property records of
Jefferson County, Colorado (the "Official Records"), on June 8, 2018, at Reception No.
2018051726 (as previously amended, the "ODP").
C. Evmgreen-Clear Creek Crossing, L.L.C., an Arizona limited liability comp
10111p
C'Evergreen"), as developer, is processing an amendment to the ODP pursuant to that cert
CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 2 (the "ODP Amendmenfl
"I [It
Evergreen has provided Owner a full and complete copy of the ODP Amendment for Owner
review.
D. Evergreen desires to obtain approval of and record the ODP Amendment in the
Official Records.
E. Owner has agreed to consent to the final approval and recordation of the ODP
AGREEMENT
MY agre-T
as follows:
1. Owner hereby consents to the final approval and recordation of the ODP
Amendment in the Official Records. Owner fiirther agrees that this Consent may be recorded in
the Official Records to evidence Owner's approval of the ODP Amendment.
111111PI 1 11!111111 ��iiiiiii 11
3. If this Consent is executed in multiple counterparts, all counterparts taken together
constitute this Consent.
4919-4647-7111, v. 1
IN WITNESS WBEREOF, the undersigned has executed this Consent on the date first
,?.bove vatren.
OWNER:
By:
Name: 4hu-tAft,% So &x)%4
Its: AAAr—JAI&C.
I
STATE M ",aA -,s
)ss
County of
�goi f
The
ng i04nstn
entity.
'o.
Pub
My Commission Expires: We
ENDRE%
ANN
NOTARY pj
M"118N
D
2IO3K
STATE O
NOTARyti0 202ZM07my CommlsSON EXPIRES 04L
-
of 20—Z�
behalf said
49194647-7111, v. 1
EXHIBIT A
PROPERTY
WAS RECORDED MARCH 5,2025 AT RECEPTION NO. 2025012441, COUNTY OF
A-1
4919-4647-7111, v. 1
C111kyo 31 MCI I
111111 5,011 '! 115K 0 ON 0 0 1 016 n 0
r. =-4 m Ia: me) a Ln., Imm d j 1 fit) in NJ Raw
is a
A. Owner is the fee owner of that certain parcel of real property in Wheat Ridge,
Jefferson CoUn Colorado more -narticularLy described on Exhibit A
9- part hereof (the 'Troperty
B. The Property is located within the Clear Creek Crossing Mixed Use Development
and is subject to that certain Clear Creek Crossing Official Planned Mixed Use Outline
Development Plan, City of )Nhca-tAWge-, Colorado- as recorded in the I&
Jefferson County, Colorado (the "Official Records"), on June 8, 2018, at Reception No.
2018051726 (as previously amended, the "ODP").
C. Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company
("Evergreen!'), as developer, is processing an amendment to the ODP pursuant to that certain
CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 2 (the "ODP Arnendment").
n-ier a full
D. Evergreen desires to obtain approval of and record the ODP Amendment in the
*fficiA Veco-tis.
d
E. Owner has agreed to consent to the final approval and recordation of the OD?�
Amendment in the Official Records.
AGREEMENT
1. Owner hereby consents to the final approval and recordation of the ODP
Amendment in the Official Records. Owner firther agrees that this Consent may be recorded in
the Official Records to evidence Owner's approval of the ODP Amendment.
• .74 T M, 1-11 Tin ff MT, L 4 1 .16
3. If this Consent is executed in multiple counterparts, all counterparts taken together will
constitute this Cicnsent.
[Signature Page to Follow]
4919-4647-7111, v. 1
IN WITNESS WHEREOF, the undersigned has executed this Consent on the date first
above written.
OWNER:
By:
Name:
its:
STATE OF
)ss
County of
CTSEY ANHORN
Notary Pubic
Dalota State d North, Ek
0
June
a
My Commission Expires June 17,2026]
The foregoing instrument was acknowledged before me t is y 0 2014 by
the C FV of Wdg n behalf said
entity.
Notary PuOic/
My Commission Expires:
49194647-7111, v. 1
.i w m "__bi
WAS RECORDED MARCH 5,2025 AT RECEPTION NO. 2025012441, COUNTY OF
JEFFERSON, STATE OF COLORADO.
A-1
4919-4647-7111 " v. 1
EXHIBIT C
Final Plats
(see attached)
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1 *3:11111 k d
The Public Improvements and non -City acquired Improvements shall be installed
outlined below. I
Consistent with the Master Subdivision Improvement Agreement (SIA) with the Mast
Development (reception number 2018065899), and any amendments thereto, and wi
the approvals for this Project, Public Improvements and non -City acquired public
improvements shall be installed in conjunction with Crossing Drive • lnfrastructulj��:
as follows: I
• A Site Work Permit may be issued upon approval of the ODP Amendment, final
• civil engineering plans, construction control • cost estimates,
stormwater management • (SWMP), and •. • City • Wheat i••- use
tax.
• Prior to issuance • site • • the following fees associated with that
•' shall •- paid:
• City of Wheat Ridge building use tax
• Building permit and plan review fees
• Prior to issuance of Certificate of Occupancy for Lot 4 (a.k.a. Primrose) or Lots 5-
7 and Tracts B,C,D (a.k.a. the Lookout) • Block 4 (whichever • first), the
following shall •- completed with Public Improvements to • accepted by the
City:
• Non -city acquired improvements, including:
• A wayfinding • package to •- directional signs for •
r-•- and trail users • Clear Creek Crossing shall •-
reviewed, approved, and installed with the completion of Crossing
Drive.
• All improvements for Crossing Drive located west of Clear Creek
Drive shall be certified as complete by the City (refer to Exhibit D-
1). This shall include all features of the Approved Plans, including
• not limited to the full width • • and •'• lift, concrete
curbs, • amenity zones, landscaping, enhanced
crosswalks, striping, and permanent street and pedestrian lighting.
• Public Improvements, including:
* All improvements for Clear Creek Drive, 40th Avenue, and the
intersection of the two streets shall be completed and accepted by
the City. This shall include all features of the Final Approvals
pursuant to the Master SIA, including but not limited to the full width
of asphalt and top lift, concrete curbs, sidewalks, permanent traffic
signals and •_ street and r'•- lighting.
* Final acceptance • the stormwater system.
D-1
All improvements within Rights -of -Way associated with Crossing
Drive as shown in the Approved Plans, including reconfigured
sidewalks, curb, gutter, ramps, crosswalks, and striping.
• to issuance of Certificate of Occupancy for Lot 1 (a.k.a. Home2), Lot 3
(a.k.a Birdcall), or Lot 4 (a.k.a. Bank of America) of Block 2 (whichever comes
first), the following shall be completed with Public • to •' accepted
by the City:
• Non -city acquired improvements, including:
All improvements for that portion of Crossing Drive located east of
Clear Creek Drive shall be certified as complete by the City (refer to
Exhibit D-11). This shall include all features of the Approved Plans,
including but not limited to the full width of asphalt and top lift,
concrete curbs, sidewalks, amenity zones, landscaping, raised
intersection, enhanced crosswalks, striping, and permanent street
• pedestrian lighting.
• Public Improvements, including:
• All improvements for Clear Creek Drive, 40th Avenue, and the
• • the two streets shall be completed and accepted •
the City. This shall include all features • the Final Approvals
• to the Master SIA, including but not limited i• the full width
of asphalt and top lift, concrete curbs, sidewalks, amenity zones,
landscaping, raised intersection, enhanced crosswalks, striping,
and permanent street and pedestrian lighting.
• Final acceptance of the • system.
• All improvements within Rights -of -Way associated with Crossing
Drive as shown in the Approved Plans, including reconfigured
sidewalks, curb, gutter, ramps, crosswalks, and striping.
Exception to the above requirements:
• Installation of landscaping, street trees, and irrigation is not required prior
to Certification of Completion or Certificate of Occupancy, as applicable, if
issuance • the Certificate • outside • the planting season, generally
October to June. Refer to Section 11 of the Development Agreement.
D-2
4896-9726-8550, v. 2
EXHIBIT D-1
Crossing Drive Phasing Exhibit
D-3
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EXHIBIT E
Cost Estimate for Public Improvements
(see attached)
E-1
IvCITY OF WHEAT RIDGE
-- -
I ENGINEERING DIVISION
II APPROVED FOR:
O DRAINAGE 0 SIDEWALK
❑ CURB & GUTTER 0 STREET Crossine Drive - Cost Estimate
® MISCELLANEOUS O PLAT
COMMENT Public/ Private Cost ! Public ROW Improvements
Psti Z)ate .. 1
Amount: Measurement:
Cost/Unit
Cost:
Mona Dumin 07/03/25 1
-
S' 136,065.15
1 EA
$
915.31
$ 915.31
CIVIL ENGINEER DATE Ing
1EA
$
1,696.83
$ 1,696.83
SUBJECT TO FIELD INSPECTIONS ,
17 LF
$
249.95
$ 4,249.15
so nor _ —.' - _ ..__-
IS LF
$
264.27
$ 4,756.86
30" RCP
230 LF
$
145.61
$ 33,490.30
18" RCP
367 LF
$
73.86
$ 27,106.62
6' Dia. Storm Sewer Manhole (16'-1& depth)
1 EA
Y
$
15,037.80
$ 15,037.80
5" Dia Storm Sewer MH (8'-10' Depth)
1 EA
$
7,314.81)
$ 7.314.80
5" Dia Storm Sewer MH (12'-14' Depth)
1 EA
$
8,413.91
$ 8.413.91
18" RCP Plug
1 EA
$
549.54
$ 549.54
Combo Curb Inlet
3 EA
$
7,186.57
$ 21,559.71
Type D Inlet
1 EA
$
8,862.91
$ 8,862.91
Rip Rap at Type D Inlet
1 Lump Sum
$
341.03
$ 341.03
Jet/TV Storm Sewer
697 LF
$
2.54
$ 1,770.38
Handi-Cap Ramps
$ 10,000
Epoxy Striping
$ 7,280
Water Mains
$ 96,655.74
12" Connection @ Crossing's Drive
1 EA
$
6,834.35
$ 6,834.35
Connectionto Existing Water Main w/ 12" RepairCoupling
1 EA
$
1,832.65
$ 1,832.65
12" C900 Waterline
299 LF
$
107.95
$ 32,277.05
12" Gate Valve Assembly
2 EA
$
5,953.71
$ 11,907.42
12" 22.6D Bends
2 EA
$
1,363.54
$ 2,727.08
12" 45D Bends
1 EA
$
1,430.80
$ 1,430.80
8" C900 waterline
297 LF
$
54.80
$ 16,275.60
8" Gate Valve
2 EA
$
2,907.86
$ 5,815.72
12" x 8" Tee
1 EA
$
1,997.05
$ 1,997.D5
8" x 2" Blow Off Assembly
2 EA
$
3,305.24
$ 6,610.48
8" Tee with Blind Flange
1 EA
$
1,868.76
$ 1,868.76
Pressure Test and Clear New Water Main
596 LF
$
4.58
$ 2,729.68
Demo Existing 12" Waterline and Appurtenances
285 LF
$
15.26
$ 4,349.10
Fire Hydrants
$ 29,853
8"x6"Fire Hydrant Assembly
1 EA
$
12,416.68
$ 12.417
12" x 6" Fire Hydrant Assembly
1 EA
$
17,435.92
$ 17.436
Sanitary Sewer Main & Manholes
$. 27,036.35
Connect to Existing Sanitary Sewer Manhole Via Core Drill
1EA
$
1.501.40
$ 1,501.40
iD'SDR35Sanitary Sewer Main
335 LF
$
63.98
$ 21,433.30
4' Dia Sanitary Sewer Manhole
1 EA
$
1,770.99
$ 1,770.99
Jet/TV Sanitary Sewer Main
335 LF
$
2.54
$ 850.90
Adjust Existing Manholes to Finish Grade
2 EA
$
739.88
$ 1,479.76
Sub -Total:
$ 306,890
GC, P&P Bond, Fee,
& Insurance (22.29%)
$ 68,405.75
Contract TOTAL
$ 375,296
25% Warranty Amount
$ 93.824
TOTAL
$ 469,119
Non -City Acquired Public Improvements
Item:
Cost:
General Requirements
$ 94,260
Demolition
$ 46,659
Grading
$ 126,523
'Water
$ 102,213.63
12" x 314" Irrigation Service Line wl Curb Stop and Meter Pit
2 EA
$
2,972.77
$ 2,972.77
12"x3/4"Irrigation Service llnew/Curb Stop
1 EA
$
2,585.12
$ 2,585.12
12" Connection @ Crossing's Drive
1 EA
$
6,834.35
$ 6,834.35
Connection to Existing Water Main w/ 12" Repair Coupling
1 EA
$
1,832.65
$ 1,832.65
12" C900 Waterline
299 LF
$
107.95
$ 32,277.05
12" Gate Valve Assembly
2 EA
$
5,953.71
$ 11,907.42
12" 22.51) Bends
2 EA
$
1,363.54
$ 2,727.08
12" 45D Bends
1 EA
$
1,430.80
$ 1,430.80
8" C900 waterline
297 LF
$
54.80
$ 16,275.60
8" Gate Valve
2 EA
$
2,907.86
$ 5,815.72
12" x 8" Tee
1 EA
$
1,997,05
$ 1,997.05
8" x 2" Blow Off Assembly
2 EA
$
3,305.24
$ 6,610.48
8" Tee with Blind Flange
1 EA
$
1,868,76
$ 1,868.76
Pressure Test and Clear New Water Main
596 LF
$
4.58
$ 2,729.68
Demo Existing 12" Waterline and Appurtenances
285 LF
$
15.26
$ 4,349.10
Fire Hydrants
$ 29,853
8" x 6" Fire Hydrant Assembly
1 EA
$
12,416.68
$ 12,417
12" x 6" Fire Hydrant Assembly
1 EA
$
17,435.92
$ 17,436
Storm Sewer
$ 136,065.15
Connected to Existing 36" Stub
1 EA
$
915.31
$ 915.31
Remove Ex. Type D Inlet and Connect to Existing
1 EA
$
1,696.83
$ 1,696.83
42" RCP
17 LF
$
249.95
$ 4,249.15
36" RCP
18 LF
$
264.27
$ 4,756.86
30" RCP
230 LF
$
145.61
$ 33,490.30
18" RCP
367 LF
$
73.86
$ 27,106.62
6' Dia. Storm Sewer Manhole (16' -18' depth)
1 EA
$
15,037.80
$ 15,037.80
5" Dia Storm Sewer MH (8'-10' Depth)
1 EA
$
7,314.80
$ 7,314.80
5" Dia Storm Sewer MH (12'-14' Depth)
1 EA
$
8,413.91
$ 8,413.91
18" RCP Plug
1 EA
$
549.54
$ 549.54
Combo Curb Inlet
3 EA
$
7,186.57
$ 21,559.71
Type D Inlet
1 EA
$
8,862.91
$ 8,862.91
Rip Rap at Type DInlet
1 LumpSum
$
341.03
$ 341.03
Jet/TVStorm Sewer
697 LF
$
2.54
$ 1,770.38
Sanitary Sewer Main & Manholes
$ 27,036.35
Connect to Existing Sanitary Sewer Manhole Via Core Drill.
3 EA
$
1,501.40
$ 1,501.40
10'SDR 35 Sanitary Sewer Main
335 LF
$
63.98
$ 21,433.30
4' Dia Sanitary Sewer Manhole
1 EA
$
1,770.99
$ 1,770.99
Jet/TV Sanitary Sewer Main
335 LF
$
2.54
$ 850.90
Adjust Existing Manholes to Finish Grade
2 EA
$
739.88
$ 1,479.76
Paving
$ 374,271
Retaining Walls
$ 41,392
Lighting
$ 248,411
Non -Public Signage & Striping
$ 149,970
Sub -Total:
$ 1,366,654
GC, P&P Band, Fee, & Insurance (22.29%)
$ 304,627.12
TOTAL
$ 1,671,282