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HomeMy WebLinkAbout0002 ~ . .-, h j'lO!'..... . ~ ,4. ~ I.{ @ 0-0 I ~Jj '1# 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; .; c; ~ r-... N .- -r ~I" ~-.......,. ,- ... (J) ~.t'a -... _ '0 ~ C~ :~ ::n.;-, ., C ~..: -~ : .- ... ' =':l:::' ~ - ... c:l ~ ..\' C>> -- ~ > 0-' 0' ~ ,', ....:; ~ L---1 u.J ~ ~h'~;Z 807 r-... CO 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. - , IN WITNESS WHEREOF, the parties have set their hands and seals on the qa~e first shown7 ' '\ .~. / , (?zd:'t:i "'~rM d'1f ' ' I', ',' It (':>-:J(.~ ~'('~L~j ". ("J(' ,...l".. . ........ /; j .... ..... '\ f' ~ .'. ~' /..:::. '. . ATTf:.ST: '. ' ". ,", " -::: ,f " I~ .~: r ~ -YI : ,.,) t... ::' City of Wheat Ridge By . !\bramsbn,\ \ 'r'; \l ' \,IJ-! 11\ '.: \ . ! ~' --' 1 \ " \J~--_'" len Taylor, Dir tor Department of Pu lic Works . . I ~.. .. ~'... ;".. ^) " .'.' " '~t- "". ~;.. J' I > .__~ ..,.."'...... ~~;./ 'f /. , ~. '~'. '/" '.. '''. ,,~,. .~. "~'~~.{<'.' .{ ,; Ji-'; -,:!/@_.,~.~t.I."-" I.,. rl. T" 'l l' h 'S!J' .ar+t" , Ci ty CI~Ir-" Owner ~cfJ,ll~~;" ( 2b't'~ CUt\ DEVELOPMENT AGREEMENT PAGE 3 2b'/% /)09 ATTEST: Secretary State of Colorado ) ) ) ss. COUNTY OF JEFFERSON The foregoing instrument was executed before me this 5th day of August , 1974, by Paul B. Abramson, Ph.D., 0-' I) J.;;JO "'" FiccrL--:'c/ ',<>,',;;; . ~ '(/.'. C' . "'II r' ,,.._~- J .,r; r. (, <1l . ~: . '~, .{<J~~~~'- :} ~ . . .' ". ~ -, '" .. ~"",. -"'" >,.......... .~. - ... . ,,( William E. McCarthy, Elise Brougham, Glen Taylor, Anthony M. and Louis J. Ficco ;;xi' . .--"~ ~., ./...'/ i... . ~1 f ,-- __ AJ ~ ./ I" lei -Notary Public- " '" My Commission Expires: November 13, 1977 2h'i'~ ~O~J