HomeMy WebLinkAboutThe Ridge on 29th Subdivision - Development Covenant Agreement - March 20262026016716 3/17/2026 9:44 AM
PGS 10 $43.00 DF $0.00
Electronically Recorded Jefferson County, CO
Amanda M Gonzalez, Clerk and Recorder TD1000 N
DEVELOPMENT COVENANT AGREEMENT
THIS DEVELOPMENT COVENANT AGREEMENT is made as of
the )A''%, day of MarC� , 2026 by and between the CITY OF WHEAT
RIDGE, COLORADO, a home rule municipal corporation (the "City"), and
JAMES S. MUNIZ, (the "Applicant"), together referred to as the "Parties".
RFr'.ITAI S
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 The
Ridge on 291h Subdivision on a..r'Gy� I a (o . A copy is
attached hereto as Exhibit B, and incorporated herein.
C. The Applicant may not in the future be involved with development of the
Property, 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 Plat and civil construction drawings held by the Community
Development Department, herein referred to collectively as the "Final Plans."
D. 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. Compliance with Final Plan: The entity which develops the Property
("Developer") consistent with the Final Plans, whether the Applicant or a successor
or assign of the Applicant, shall be required to comply with all applicable sections
of Chapter 26 of the Wheat Ridge Code of Laws. The Developer shall also furnish
all financial guarantees required for development of the Property by the
Community Development Director.
2. Binding Effect; Term: The terms of this Agreement shall be a covenant
running with the Property and shall remain in full force and shall bind the Property
and the successor and assigns of the Parties 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 the Property. The executed Future Agreement shall
replace this Agreement in its entirety and shall bind the Developer 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, including
but not limited to the improvements to 29t" Avenue, the on -site alley, and the water
detention area and associated walls and landscaping. Once a 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.
3. Sale of Property No sale of individual lots 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 a Future Agreement has been executed. This paragraph shall
not prevent the Applicant or a Developer from conveying or selling the entirety of
the Property to a third party.
4. 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 the Property. Building permits for
individual lots may be issued by the City conditioned upon compliance with all
terms listed in the Future Agreement.
5. Fees Associated with Development of Property 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 Applicant, or in the event the Property
is conveyed, by the Developer 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.
6. Homeowners Association: The Developer, as executor of the Future
Agreement, shall be responsible for the establishment of and the recordation of
rules governing a homeowners association for the Property. The Applicant shall
not be responsible for the establishment of a homeowners association, unless the
Applicant is the Developer, the Property may not be developed, and no lots may
be sold prior to creation of the homeowners association.
7. Improvements to Property: No site work shall be performed on the Property
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 the Property, provided proper permits are issued by
the City.
8. Recording: This Agreement shall be filed for record with the Jefferson
county Clerk and Recorder, the fees for which shall be paid by the Applicant.
-2-
CITY OF WHEAT RIDGE, COLORADO
F
y.
Kor ° Stites, Mayor
ATTEST:
Onorina Z. Malo ey, lnte m Sr. D ty City Clerk
40..E wl
I, City Attorney
-3-
APPLICANT
JAMES S. MUNIZ
STATE OF COLORADO
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this 1 day of
� :bry -0-1 , 202-10 , by �00-n-eS S ►�� i as
--X7.w S of
Witness my hand and official seal.
My commission expires:
BRENDA MARIE ORNELAZ
NOTARY PUBLIQ • STATE OF COLORADO
Notary ID #20224020609
My Commission Expires 5/2312026
Notary Public
(SEAL)
-4-
L=1►,1:1 M W i1
Legal Description of the Property
LOTS 1-4, THE RIDGE ON 29TH SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
-5-
EXHIBIT B
Final Plat
(see attached)
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