HomeMy WebLinkAboutStation Subdivision Lot 1 Block 1 Replat - SIA - Dec 20252025081974 12/22/202512:53 PM
PGS 16 $43.00 DF $0.00
Electronically Recorded Jefferson County, CO
Amanda M Gonzalez, Clerk and Recorder TD1000 N
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2025081542
12/22/2025 08:59:37 AM 16 Page(s)
JEFFERSON COUNTY, Colorado
THIS AGREEMENT made this M'"' of 12,ecc.-,%W , 2d-S (the
"Effective Date") by and between the CITY OF WHEAT RIDGE, COLORADO, a home
rule municipal corporation (the "City"), and 4600 Kipling, LLC (the "Developer"), together
referred to as the "Parties" and singly as a "Party."
RECITALS
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"), commonly known as Station Subdivision, Lot 1, Block 1 (tr,e "Project").
B. On ?eceWX1*✓ I i To*LS the City of Wheat Ridge approved the
final plat for the Property titled "Station Subdivision Lot 1, Block 1 Replat" (the "Final Plat").
A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein.
C. The approvals cited above are contingent upon the express condition that
all duties created by this Agreement be faithfully performed by the Developer
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 of this Agreement is to set forth the terms,
conditions, and fees to be paid by the Developer upon subdivision of the Property. All
conditions contained herein are in addition to any and all requirements of the City of
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 Nheat Ridge
Municipal Code and are not intended to supersede any requirements contained therein_
2. Related City Aqreements and Approvals.
a. The Property is subject to that certain Concept Plan titled "Concept
Plan for Kipling Street and 44th Avenue", commonly known as "44th and Kipling Concept
Plan," recorded with the Jefferson County Clerk and Recorder under reception number
2021048289 (the "Concept Plan"), and Declaration of Covenant and Restriction recorded
with the Jefferson County Clerk and Recorder under reception number 2021048290
related to mixed use development and a limitation on drive through uses.
b. The Property is subject to that certain Subdivision Improvement
Agreement between the City of Wheat Ridge and the Developer recorded with the
Jefferson County Clerk and Recorder under reception number 2023073924 (the "Master
SIA"). This Master SIA between the City of Wheat Ridge and the Developer shall remain
• 11 • • - 11 - 119sulzimuell - 11 . I M_ l
C, The Property will be subject to future review and ar,!,.)roval of site
• civil construction documents, right-of-way permit application(s), site work •
application(s), and building • application(s). Through such approvals, the City will
review and approve the final design • any development and On -Site Improvements as
defined in Section 7 of this Agreement related thereto. This Agreement is based on
information available at the time of approval of the Final Plat and shall not constitute
approval of the On -Site Improvements or Public Improvement designs.
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6. Breach by the Developer: the City's Remedies. In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City may take
such • as permitted • authorized • law, this Agreement, • the ordinances and
Charter of the City as the City deems necessary to protect the public health, safety and
welfare- to protect lot buyers and builders- and to protect the citizens of the City from
hards4 and undue risk. These remedies include, but are not limited to:
(a) The refusal to issue any building permit •: certificate • occupancy;
• The revocation • any building permit previously issued under which.
construction directly related to such building •- has not commenced,
except a building permit previously issued to a third party,
(c) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety, and welfare of the City
or to protect the City's interest with regard to security given for the completi�)n of the On -
Site 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 described in the •
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7. Installation of On -Site Improvements. All On -Site Improvements as define
in this Section and as outlined in , Exhibit C titled "Phasing Plan for On -Si
Improvements," shall be installed and completed at the expense of the Developer withi
the timeframes set forth in Section 9 of this Agreement and as outlined in Exhibit C, wi
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ith
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only such exceptions as shall be approved in advance by the Community Developme
Director (the "Director") in the exercise of his or her sole discretion. For the purposes
this Agreement, the term "On -Site Improvements" shall refer to all infrastructu
improvements being made by the Developer on private property (not in the Right -of -
or otherwise accepted by the City), and does not refer to the improvements required
the Master SIA which are also the obligations of the Developer.
The itemized costs of the On -Site Improvements required by this Agreement and
shown on the construction documents approved by the Director shall be provided by
Developer for review. All On -Site Improvements covered by this Agree!ient shall be
construction standards for such improvement and as approved by the Director. It is
understood by the Parties that On -Site Improvements shall be built in substantial
conformance with the approved construction plans for such improvements. The
,tuantities and locations for the On -Site Improvements are based on information that was
available at the time of approval of the Final Plat. Additional On -Site Improvements may
be required, and'Developer shall be responsible for submitting construction documents
for all On -Site Improvements and revisions to the Final Plat for review and approval by
the City.
8. Observation, Inspection and Testing. The City shall have the right and
obligation to ensure that private construction conforms to all requirements and
specifications of the City's Code, including without limitation uniform building and
construction codes as adopted by the City. The Developer acknowledges this important
public safety obligation of the City. The City's rights extend to requiring observation,
inspection, and testing where necessary.
9. Completion of On -Site Improvements. The obligations of the Developer
provided for in Section 7 of this Agreement and Exhibit C, including tho inspections
hereof, shall be performed on or before October 31, 2027 ("Constructioll Completion
Deadline"). Upon completion of construction by the Developer of such On -Site
Improvements, the Director shall inspect the On -Site Improvements and certify with
specificity its conformity or lack thereof to the City's specifications. The Developer shall
make all corrections necessary to bring the On -Site Improvements into conformity with
the City's specifications.
10. Deferred Installation of Landscaping and Financial Guarantee. If a
certificate of occupancy is requested prior to completion of landscaping and irrigation, an
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City in excess of the funds provided by the escrow shall be recovered by the City through
normal lien proceedings.
11. Protection. Developer, at its expense, shall continuously maintain adequate
protection of all Public Improvements and On -Site Improvements from damage prior to
final inspections by the City and shall protect the City's property from injury and loss
arising in connection with this Agreement. Developer shall rectify any such damage,
injury, or loss except such as may be caused directly by authorized agents or employees
of the City. Developer shall adequately protect adjacent property and shall provide and
maintain all passageways, guard fences, lights and other facilities for protection required
by public authority or local conditions.
Developer shall be responsible for damage to any public and private property on
and adjacent to the site of Developer's On -Site Improvements which is caused by
negligent or willful acts of Developer, its agents, or subcontractors. Developer shall take
all reasonable efforts necessary to prevent damage to pipes, conduits, and other
underground structures and to overhead wires, and to water quality. Developer shall
protect carefully from disturbance or damage all land monuments and property marks
and shall not remove them until directed. When any direct or indirect damage or injury is
done to public or private property by Developer or on account of any act, omission,
neglect, or misconduct in the construction of On -Site Improvements by Developer, or in
consequence of the non -execution thereof on Developer's part, such damaged property
shall be restored by Developer at its own expense to a condition similar or equal to that
existing before such damage or injury.
Developer shall at all times, whether or not so specifically directed by the Director,
Lake necessary precautions to insure the protection of the public. Developer shall furnish,
erect and maintain, at its own expense, all necessary barricades, suitable and sufficient
red lights, construction signs, provide a sufficient number of watchmen, and take all
necessary precautions for the protection of the work and safety of the public through or
around the Property's construction operations as Developer and the Director shall deem
reasonably necessary.
12. Related Costs — On -Site Improvements. The Developer shall provide to th(.-
City all necessary engineering •designs, surveys, field •surveys, testing •and incidental
services related to the construction of the On -Site Improvements at its sole cost and
4
expense, including final drainage study letter certified to be accurate by a professional
engineer registered in the State of Colorado.
13. -• • • On -Site Improvements.. The estimated • • the 0
Site Improvements shall •- a figure mutually agreed •a • the Developer and t
Director. If, however, the Parties are unable to agree, the Director's estimate shall gove
after giving consideration to information provided by the Developer including, but n
limited to, construction contracts and engineering estimates. The purpose of the co
estimate is solely to determine the applicable permit fees and use tax for the site wo
permit. No representations are made as to the accuracy of these estimates, and t
Developer agrees to pay the actual costs to construct all such On -Site Improvements.
The estimated costs of the On -Site Improvements may increase in the future.
Accordingly, the City reserves the right to review and adjust the cost estimate on an
annual basis. If the City adjusts the cost estimate for the On -Site Improvements, the City
shall give written notice to the Developer of such adjustment. The Developer shall, within
thirty (30) days after receipt of said written notice, provide the City with a new or amended
permit fee in the amount of the adjusted cost estimates.
14. Indemnification. The Developer shall indemnify and hold harmless the City
and its officers, employees, agents, •r servants from any and all suits, actions, and claims
of every nature and description caused by, arising from or on account of this Agreement
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 On -Site Improvements. Developer
shall pay any and all judgments rendered against the City as a result of any suit, action,
or claim, together with all reasonable expenses and attorney's fees and costs incurred by
the City in defending any such suit, action • claim.
The Developer shall pay all property taxes due on any portion of the Property
,iedicated to the City and shall indemnify and hold harmless the City for any property tax
liability in connection therewith.
15. Waiver of Defects. In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is executed,
or concerning the power of the City to impose conditions on the Developer as set forth
herein, and concerning the procedure, substance, and form of the ordinances or
resolutions adopting this Agreement.
16. Third -Party Beneficiaries. There are and shall be no third -party
beneficiaries to this Agreement.
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.
18. 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 of Wheat Ridge Code of Ordinances and the laws of the State
of Colorado.
19. Captions. The captions to this Agreement are inserted only for the purpose
of convenient reference and in no way define, limit, or prescribe the scope o, intent of this
Agreement or any part thereof.
20. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective heirs, successors, and assigns as the
case may be.
21. 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, nor shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder.
22. Invalid Provision. If any provision of this Agreement shall be determined to
be void by any court of competent jurisdiction, then such determination shall not affect
any other provision hereof, and 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.
23. Governing Law. The laws of 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.
24. Attorney's Fees. Should this Agreement become the subject of litigation to
resolve a claim of default of performance or payment by the Developer and a court of
competent jurisdiction finds in favor of the City, the Developer shall pay the City's
attorney's fees and court costs.
25. Notice. All notices required under this Agreement shall be in writing and
shall be hand delivered or sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the Parties herein set forth. All notices so given
shall be considered effective seventy-two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either Party by notice so given may
change the address to which future notices shall be sent.
0
Notice to Developer: Rich Gebele
2006 N Sepulveda Blvd #339
Manhattan Beach, CA 90266
Notice to City: Community Development Director
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 West 29th Avenue
Wheat Ridge, CO 80033
26. Force Maieure. Whenever the Developer is required to complete the
construction, repair, or replacement of On -Site Improvements by an agreed deadline,
Developer shall be entitled to an extension of time equal to a delay in completing the
foregoing due to unforeseeable causes beyond the control and without the fault or
negligence of the Developer including, but not restricted to, acts of God, weather, fires
and strikes.
27. Assignment. This Agreement shall bind and inure to the successors and
assigns of the Parties, provided however that any assignee or successor in interest shall
first execute an acknowledgement and acceptance of all of the rights and obligations
contained herein.
28. Recording of Agreement. This Agreement shall be recorded in the real
estate records of Jefferson County 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.
29. Title and Authority. The Developer expressly warrants and represents to
the City that as of the Effective Date it is the record owner of the property constituting the
Property and further represents and warrants that the undersigned individual(s) has or
have full power and authority to enter into this Agreement. The Developer understands
that the City is relying on 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.
[Remainder of Page Intentionally Left Blank]
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CITY OF WHEAT RIDGE, COLORADO
B f ,.
Y
Kor y Stites, Mayor
ATTEST;
Margie Gr. r r. Deputy City Clerk
EA-
.
'f
APP E S TO RM:
1'
erald Da 1, City Attorney
DEVELOPER
4600 Kipling, LLC
By: 19"
Name -
Title:
/i-41Atz,
STATE OFF-0 ^""
SS.
COUNTY OF 0S A0r
The foregoing instrumentwas acknowledged before me this day of
as
L 1, le
4C *-A /&"*" I 20 by t2e - ,
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of V�60
Witness my hand and official seal.
My commission expires: z0z
ZACK SCHWARTZ
arY Public California
Los Angeles County
z *
LamaM
(SEAL)
otary Public
9
EXHIBIT A
Legal Description of Developer Property
STATION SUBDIVISION LOT 1 BLOCK 1 REPLAT, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
10
EXHIBIT B
Final Plat
(see attached)
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EXHIBIT C
Phasing Plan for On -Site Improvements
Phasing for permit issuance:
• A Site Work Permit for horizontal construction may be issued upon approval of
civil construction drawings (CDs), construction control plan (CCP), stormwater
management plan (SWMP), and payment of the required City use tax.
• Vertical building permits (which will allow combustible vertical construction) shall
only be issued after all required paved Public and On -Site access is completed
as required by this Agreement and the Master SIA, as well as other related
requirements, which include the following:
o Paved access adequate for Arvada Fire and inspector access including:
• Jellison Street paving (lighting, landscaping, sidewalks, and top lift
shall not be required to be completed)
• W. 45th Place paving (lighting, landscaping, sidewalks, and top lift
shall not be required to be completed)
• On -site paving within the Access and Emergency Access
easements allowing sufficient Arvada Fire and inspector access
into the site and around building foundations (top lift not required).
This includes the on -site drive aisle along the eastern ► oundary of
Block 1 north from 45th Place to the northern boundary of Lot 1 and
the drive aisle between Lots 1 and 2 allowing access from Kipling
Street into the site and connecting to the eastern drive aisle.
o Installation of water mains and activations of the appropriate fire hydrants,
with written acknowledgement from the water and/or fire districts.
Phasing for Certificate of Occupancy L .O.) issuance:
• As required by the Master SIA, all Public Improvements shall be completed prior
to the first Certificate of Occupancy. This includes all right-of-way improvements
for both Blocks:
o Full extent of paving and top lift of W. 45th Place and Jellison Street
o Curb, gutter, sidewalks, lighting, fixtures, signage, striping, landscaping,
and irrigation on all Public Streets (45th Place, Jellison Steet, Kipling
Street, and 44th Avenue)
o All utilities in ROW and any necessary on -site utilities including water and
sanitation mains, and any necessary off -site connections.
o All water detention facilities including the underground detention facilities
• Prior to the issuance of a C.O. for any particular building, the following on -site
improvements shall be completed in addition to the above requiremr==nits:
o Adjacent sidewalks providing logical and accessible connections to the
public ROW
o Adjacent private drives and parking areas including any required
accessible parking, including the completed drive aisles within the Access
and Emergency Access Easements with complete connections to 45th
Place and Kipling Street.
12
o Drainage inlets and associated piping
o Lighting, landscaping, fencing, site furnishings, utilities and signage
Prior to the issuance of the final C.O., the following shall be completed:
o Restoration of any Public or On -Site Improvements damaged as a result
of construction activities pursuant to Section 11 of this Agreement.
o All remaining on -site landscaping, site furnishings, fencing, and lighting
not already covered by the above C.O. requirements related to individual
buildings.
Exception to the above requirements:
• Installation of landscaping, street trees, 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 10 of this Agreement.
13