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DEVELOPMENT AGREEMENT
Complete in Duplicate
THIS AGREEMENT, entered into this ~- day of , i'a qi~' 'L-- (-
1974, between the City of Wheat Ridge, a Municipal Corporation~ herein-
after referred to as City and Anthony M. and Louis J. Ficco, hereinafter
referred to as Owner.
Witnesseth:
W~EREAS, the Owner is the titled owner of a tract of land in
the City of Wheat Ridge, County of Jefferson, State of Colorado, known as
11500 West 38th Avenue, Wheat Ridge, Colorado 80033; and
WHEREAS, the Owner is developing the described land and, in
fact, ~as applied for a building permit to do so; and
WHEREAS, the adjacent portion of curbs and gutters on West 38th
Avenue and the street on Routt Street are incomplete and below standards,
and will require additional work and costs to complete; and
WHEREAS, engineering has determined that completion now is
impractical and plans are not adequately complete to enable the work to
proceed; and
WHEREAS, to be consistent with the policy as related to such
improvements, this Agreement is hereby determined as being applicable.
NOW, THEREFORE, BE IT HEREBY AGREED, that:
(1) Property responsibility for improvement of curbs and gutters
on West 38th Avenue and upon Routt Street is hereby recognized and affirmed;
(2) When practical and upon the direction of the City, on or
before 17 September 1978, the Owner or his assigns and successors will
adequately provide for the installation of concrete curbs and gutters on
said West 38th Avenue and street improvements on Routt Street, and will
not oppose the creation of a Municipal Special Improvement District which
may be created for the purpose of effecting the said improvements and
assessing the costs and incidental expenses to the property;
(3) The curb, gutter and street improvements will be promoted
by the City when it becomes practical so to do, and will cooperate with the
Owner and others to accomplish said improvement. The costs assessable for
the improvements shall be of direct benefit to said property; and shall not
be costs that are disproportionate with costs assessable to other nearby
and like properties;
(4) The Owner will, as a condition of receipt of a Certificate
of Occupancy, deed to the City of Wheat Ridge any necessary public rights-of-
way, and further abide by the applicable conditions of the ordinances of
the City of Wheat Ridge;
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DEVELOPMENT AGREEMENT
PAGE 2
2b',~ 808
(5) The Certificate of Occupancy, applied for, will be issued
if otherwise applicable upon the execution by the Owner of the Agreement;
(5) This Agreement is executed by the Owner pursuant to the
Subdivision Regulations of the City of Wheat Ridge, passed, approved and
adopted on August 7, 1972, as amended;
(7) The street improvements on Routt Street will not be required
until the entire street is ordered improved/developed by the City;
(8) The parties hereto agree that this Development Agreement,
by its terms, shall be binding upon the City and the Owner, and upon the
assigns and successors thereof; and shall constitute covenants running
with the described property. This Development Agreement shall be recorded
with the County Clerk and Recorder;
(9) The City does, upon execution of this Agreement, authorize
the release of any obligations thereunder as prescribed by Lakeside National
Bank Letters of Credit pertaining to the Owner, numbered 113 and 114, each
dated 17 September 1973;
(10) Should the City not direct the Owner or his assigns or
successors to perform the aforementioned improvements on or before 17
September 1978, the terms of this Agreement which would require the Owner
or his assigns or successors to perform said improvements shall become
null and void.
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IN WITNESS WHEREOF, the parties have set their hands and seals
on the qa~e first shown7
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ATTf:.ST: '. ' ". ,", "
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City of Wheat Ridge
By
. !\bramsbn,\
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len Taylor, Dir tor
Department of Pu lic Works
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2b't'~ CUt\
DEVELOPMENT AGREEMENT
PAGE 3
2b'/% /)09
ATTEST:
Secretary
State of Colorado
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COUNTY OF JEFFERSON
The foregoing instrument was executed before me this 5th
day of
August
, 1974, by
Paul B. Abramson, Ph.D.,
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FiccrL--:'c/ ',<>,',;;;
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William E. McCarthy, Elise Brougham, Glen Taylor, Anthony M.
and Louis J. Ficco
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-Notary Public-
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My Commission Expires:
November 13, 1977
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