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78084135
1918SEP 12 PM 3: 15
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::ounty of Jefferson State of Cc
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DEVELnPMENT AGRE[~ENT
THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of
the CITY OF ~iHEAT RIDGE, is entered into this 25. day of A[!ril ,
19 7/j between the City of Wheat Ridge, il f.1uni6i1al Corporation, her~:rna'fter
referred to as City, and Richard F. Upah
hereinafter referred to asOwner:~-.-----------------
WITNESSETH:
1. WHEREAS, the Owner is the titled Owner of a tract of land in the City of
Wheat Ridge, County of Jefferson, State of Colorado, described as follows:
Lot 2, D & M Subdivision, together with a non-exclusive right to
utilize that certain easement and right-or-way recorded January 20, 7977,
in Book 2953 at Page 85
2. \~HEREAS, the Owner desires to develop that tract of land as described in
Paragraph No.1, and in fact, has been issued a Building Permit to do so;
and
3. WHEREAS, curb, gutter & sidewalk on S. I-70 Frontage Road
boarding that tract of land as describe-d-ln--Pal;Jgra-phrTO.~a'nd--the
neighboring tracts of land are incomplete and below those standards as
set out in the SUBDIVISION REGULATIONS of the City; and
4. WHEREAS, to be uniform and consistant with the existing neighboring improve-
ments and completion or non-completion of those improvements JS required by
SECTION FIVE: IMrROVEMENTS of the SUl3DIVISlliN REGULATIONS will make no
significant change at the'present in those streets fronting that tract of
land as described in Paragraph No.1, and the neighboring tracts of land;
and
5. \mEREAS, in order to conforr:i to those I'eljuirements as set out in the SUB-
DIVISION REGULATIONS of the City, this agrlCement is hereby detemined to
be proper.
NOW, THEREFORE, IT IS HEREBY AGREED, THAT:
A. The responsibility for meeting, conforming to and providing those requIre-
ments as set out in the SUBDIVISION REGULATIOnS of the City is hereby
recognized by Owner.
B. The Director of Public Works, upon the advice and consent of the Mayor,
shall direct the Owner or his assigns and successors to meet those require-
ments as set out in the SUBDIVISION i(EGULATIONS of the City.
C. Upon receipt of such notice to furnish or construct the public improvement
as required under the SUBDIVISION REGULATIONS of the City, Owner hereby
agrees to construct and furnish at Owner's cost, such improvements as are
required by the SUBDIVISION REGULATIONS of the City, and LO do so in con-
formance with the d'sign standards of the SUBDIVISION REGULATIONS of the City.
D. In the event an improvement district is created by the City to improve or
provide those requirements as set out in the SUBDIVISION REGULATIONS f_r
those streets or streets flontinq that tract of land as described in
Paragraph No. 1 above and the neighbcrinq tldcts of lands, the Owner Or
his assigns and successors agree not to oppose its creation.
E. In the event an improvement district is created by the City to provide
the improvements as provided by the SUBDIVISION REGULATIONS, the costs
accessable against the property as descrihed in Para1raph No.1 shall not
be disproportionate with costs accessdble to other nearby and like properties.
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78084135
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F. Upon execution of this DEVELOPMENT AGREEMENT by the City and Owners, the
City will waive the immediate quarantees for public improvements as set
out in the SUBDIVISION REGULATIONS of the City
G. This agreement is executed by the Owner pursuant to the SUBDIVISION REGULA-
TIONS of the CITY OF WHE~T RIDGE.
H. 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 DlVELOPMENT AGREEr.1ENT shall be recorded with the County Clerk and Recorder.
IN WITNESS WHEREOF, the parties Ilave set their hands and seals on the date first
shown.
RECOMr~ENDED BY:
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APPROVED AS TO FORM:
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C ity/ A orney
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EXECUTED BY OWNER:
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STATE OF COLORADO
COUNTY OF JEFFERSON
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instrument was executed before me this
19 lib ,by Richard F. Upah
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