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Home My WebLink About0102 .~ 8100~1276 12,:'\ I'il ...;1,": v'." .- '~o~, :,(3 1- if 1" Countf t t .:. ReccrdC!j iN DEVELOP~lliNT AGREEMENT THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 28th day of :,ovember , 1980, between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and PUHPS, INC. , hereinafter referred to as Owner. WIT N E SSE T H : 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: SEE EXHIBIT A ATTACHED 2. WHEREAS, the Owner desires to develop that tract of land as described in Paragraph No.1, and in fact has not been issued a Building Permit as of November 28, 1980 to do so; and 3. WHEREAS, curb, gutter, sidewalk and street improvements board- ing that tract of land as described in Paragraph No. 1 and 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 consistent with the existing neigh- boring improvements and completion or non-completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting that tract of land db described in Paragraph No.1, and the neighboring tracts of land; and 5. WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION REGULATIONS of the City, this agreement is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED, THAT: A. The responsibility for meeting, conforming to and providing those requirements 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 requirements as set out in the SUBDIVISION REGULATIONS 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 to do so in conform- ance with the design standards of the SUBDIVISION REGULATIONS of the City. D. Owner agrees to construct, or cause to be constructed all public improvements required hereby within l[ days of the date of receipt of the notice described in the preceding paragraph. In the event such public improvements are not completed within such time, the City is hereby authorized to REVISED AUGUST 12, 1980 8\005276 :L enter upon the property described above, either by its employee or through agents, contractors, or subcontractors, and to complete the public improvements described herein, said completion to be accomplished at Owner's sole expense. Owner agrees to pay for all improvements so made within 30 days of the date of completion, Owner further agreeing that any amount resulting from his failure to pay for any improve- ment thus completed shall constitute a lien upon the property above described in the amount of the public improvements completed, less any payments made by Owner, plus interest on the amount unpaid at 9 percent per annum from the date of completion, plus any costs incurred by the City in collecting same. E. In the event an Improvement District or a Special Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVISION REGULATIONS for those streets or streets fronting that tract of land as described in Paragraph No. 1 above and the neighboring tracts of lands, the Owner or his assigns and successors agree not to oppose its creation, or subsequent assessment of the costs to the property. F. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, the costs assessable against the property as described in Paragraph No. 1 shall not be disproportionate with costs assessable to other nearby and like properties. G. This agreement is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the CITY OF WHEAT 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 consti- tute covenants running with the described property. I. The City, in its sole discretion, may require a cash or surety bond in the amount of $30J~~ to be held in escrow by the City to secure completion of the public improvements des- cribed herein. Said cash or surety bond shall be in a sum sufficient to cover the estimated costs of the construction of the public improvements described herein. In the event the Owner fails to complete the public improvements within the time specified in Paragraph D hereof, the City may, at its sole option, complete, or cause to be completed, said construction and to use all, or any part, of the cash or surety bond to pay for, or cause to be paid, all bills and costs incurred in completing said public improvements. Any interest earned on any escrow funds shall be the sole property of the City. J. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall con- stitute a continuing covenant running with the land; provided, however, that this DEVELOPMENT AGREEMENT shall be released by the City upon the completion by the Owner of the public improvements described herein, which release shall be evidenced by a signed document, attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. - 2 - 8 005[76 .3 CI RI SPECIAL PROVISIONS AND AGREEMENTS: Curbs, gutter, sidewalk, and street iQnrovements to be installed on H. 44th Avenue and on Pierson Street. IN WITNESS WHEREOF, the parties have set their hands and seals on the date first shown. RECOMMENDED BY: Pub c~~~_ ,,~\~~, Commu~y Deve~~nt Department , " /' \ f"?'lJ ,.- v___ ' -,- _ City Attorney (.. /1, I{'~r . I~. . \" ('U./7/r'-'>l/ Clty Admlnlstrator ~XECUTED BY OWNER: EXECUTED BY CITY: ~~---- ~4.;....,.<" ;' ./'~ /<.,,'., ,I, ...ri:/~ , Mayor, City of Wheat Ridge ATTESTED TO BY: ~ .' .p. ~ ~~. : ,) .....1'.... :' ..... I , -;;-r:/ /(/ . /" / (' I" - ... I --:~--../ r; ?';:n, Ci ty ClerK .~/ - !' : ;'J. ..,.. ., "L I" / ///v),/ / . . ~, . " STATE OF COLORADO ss. COUNTY OF JEFFERSON The foregoing il c' C /7i',BEk.~ instrument was executed before me this 7i} day , 1980, by c - >7c:: t'E J:: fIrL lv' of My commission expires: lAy"'o '. E . v mmlSSIOn xplres January 8, 198' , ;:-..j'- ," ""'-Y" '. ' ij" 1'-1...., "-a.c ..,L LcL (/ &. '-9,"-<, ,- \ r; Notary ..Fublic . : . ""I , " , ~.:......-~ rJ <.: -: " ~ , '" ~ , - 3 - 8 OD5i76 EXHIBIT "A" That part of the Southeast one-quarter of the Northwest one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.~!., described as follO\,/s: Beginning at a point on the South boundary line of West 44th Avenue which point is 755 feet West and 587 feet North of the Southeast corner of the Northwest one-quarter of said Section 21; thence South 167 feet; thence West at right angles 130,4 feet; thence North 168 feet, more or less, to the South boundary line of West 44th Avenue; ",f' thence Easterly along the Sout~oundary l.ine of West 44t~ Avenue 130,4 feet, more or less, to the point of ~i~n~.>E,X~EPT the ,Jest '23 feet thereof conveyed to Jefferson County for road purposes, 1 CO~ Re~ ) ~t,~, , L.r (LL.' '..'..; , / (/)-) </..o -,I.. / >...:.>) 1- CITY OF -...- ----- - WHEAT RIDGE - MEMORANDUM To Tom Palmer, City Administrator From lic Harks Subject Development Agreements for A dPUffiDS, Inc. pprove ' Date Date Attached are two separate development agreements to install curb, gutter, sidewalk, and street improvements along 1,1. 44th Avenue and on Pierson Street. \oIe have requested the development agreements for this case inasmuch as there are no existing curbs, gutters, and side"alks along this section of \J. 44th Avenue; and we would like to wait until the design work has been completed for 44th Avenue before having them installed, ROY:vab Atts. )) / s .) II.- . \ ....J'