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DEVELOPMENT AGREEr.lEN'r
'['HIS DEVELOPlvlENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RI8GE, is entered into this 26th
day of 'larch , 1981, between the City of Wheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
clidlael B. and Nary R, ['tlllv hereinafter referred
to as Owner, and concerns property located at 3580 'loore Court,
Hheat Rid:;c, Colorado
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WIT N E SSE T H .
WHEREAS, Owner is the titled Owner of a tract of land in the
City of Wheat Ridge, County of Jefferson, State of Colorado, more
fully described in Exhibit A, which is attached hereto and expressly
made a part hereof (which property is hereinafter referred to as
"the Property"); and
WHEREAS, Owner desires to develop the Property but has not been
issued a Building Permit as of Narch 26, 1981 to do so; and
WHEREAS, curb, gutter, sidewalk and street improvements boarding
the Property and the neighboring tracts of land are incomplete
and/or below those standards as set out in the SUBDIVISION
REGULATIONS of the City; and
WHEREAS, to be uniform and consistent with the existing neighboring
improvements, theccmpletion 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 the Property and the neighboring tracts of land;
and
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:
1. The responsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the Cit~ is hereby recognized by Owner.
2. The Director of Public ~~orks, upon the direction of the I-Iayor
or the City Administrator, shall give written notice directing
the Owner or his assigns and successors to meet those require-
ments as set out in the SUBDIVISION REGULnTIONS of the City and
to construct public improvements described above, including
curb, gutter, sidewalks and street improvements.
3. 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 conformance with the
design standards of the SUBDIVISION REGULATIONS of the City.
4. Owner agrees to construct, or cause to be constructed, all public
improvements required hereby ,vi thin .fi:::r.:~ 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 enter upon the Property
either by its employees or through agents, contractors, or sub-
contractors, and to complete the public improvements described
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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 improvement thus completed
shall constitute a lien upon the Property above described in the
actual amount of the public improvements completed, less any pay-
ments made by Owner, plus interest on the amount unpaid at 10
percent per annum from the date of completion, plus any costs
incurred by the City in collecting same; including court costs
and attorney's fees.
5. 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 the Property 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.
6. 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 shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
7. This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
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 Property.
9. The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure completion of
the public improvements described 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,
said estimate to be made at or about the time of the notice
described in paragraph 2 above. In the event the Owner fails
to complete the public improvements within the time specified in
paragraph 4 hereof, the City may, at its sole option, complete
or cause to be completed, said construction and 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 improve-
ments. Any interest earned on any escrow funds shall be the
sole property of the City.
10. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute 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.
SPECIAL PROVISIONS AND AGREEMENT:
Owners shall install curb, gutters, sidewalks, and street im~rovements.
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81029780
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
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RECOMMENDED BY:
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Publio/Works
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Depq!rtment
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artment
APPROVED AS TO FORM:
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City Administrator
City Attorney
EXECUTED BY OWNER:
EXECUTED BY CITY:
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ATTESTED TO BY:
Cdz//F v--i/h7' "p
City Clerk L
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STATE OF COLORADO )
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COUNTY OF JEFFERSON )
The foregoing instrument was executed before me this
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of
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/!//Z/l ,1981, b!, ./J'.,'/I/-'L C ~'). V //'/';'1'/ )'"
Yir :,-,UlliiTlls~lnj') l(:'I~~~I"fle:: f~I'!Y!~'1' Qi 1(V,-
My commission expires:
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Notary "Pub11C
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To
Tom Palmer, City Admin,
From Works
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CITY OF WHEAT RIDGE -
Subject
Development A~reement
Date April 8, 1981
Approved
Date
Attached here\vi th is a development agreement for ~Uchael B. and Nary R. Tully
\olho reside at 3580 Hoore Court. The agreement is for the installation of
curb, ::;utter, side\>JRlks, and street improvements, The reason He hRve had
these people sign a development Rgreement is that there Rre no im~rovements
of this nature in the area currently,
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Tln:n, Ilarte thiA 25thd,yor October
.~\ 'i.:; \'.. ZYDII: A..,\;D LUCILL L. ZYDIK
,19 79,
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R""orded at..
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line StAtE: of
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, :HCi":.~~ Co. :'~~LLY A.c'lD HARY R.TrL_Y
t Grant,,~'" Address:6017 \~est 32nd Ave. Hheat Ridge, C ,
:~ '" the County of Jefferson and Statp of
d r"lorado, of ! he Ee,ond part
~ V. ITNFS.<;F.TII, that the &Aid party of the first part. for nnrt in conAideration of the sum of
11 TWENTY THOUSAND AND NO/IOOTHS-------------------------------------- DOLLARS
~ :1~:(llIliH'r good alld vnlunblp rnn~;d('rntions to the said pa.rty of thp fin:jt part in hand pnid by lh~ Raid parties or the
&;- sprOlld paft, thf'- n~ejpt WhpfPO! i9 hprphy conft"As~d a.nd arknowlMl{ed, hu granted, bargained, Bold and t"'or'l\'f\YM,
and hy thp5C prpc;;f-'nts dop" grant, hargain, .ell, convpy and con!inn unto the !laid parties of Becond P&rt, thp.ir
hpi.tnJnd DS!liJ{ns fon'vpr, not in tpnanC'y in common hut in joint tenancy. all thp followinR deRrrih~ Jot or
po rt"e I of land. Flituate, lying and l.pillg' in the County of Jefferson and State
of ColorAdo, to \\lit
Lot 6,
Block 1,
ROLLING HILLS,
Jefferson County, Colorado.
The Plat of which is recorded in Plat Book 13 at Page 41.
Also known and numbered as: 3580 Moore Court
TOGETHER with all and singular the hereditaments and appurtenance. thereunto belonging, or in anywi.e
appertaining and the reversion and reversions. remainder and remainders. rents, issue. and profits thereof. and
all the e.tAte. right. titIe, intereAt. claim and demand ,,'hat.oever of the &aid party of the ftrat part, either in law 0'
equity, of, in and to the above bargained premise., with the hereditamenb and appurtenance..
TO IIA VE AND TO HOLD the .aid premises above bargained and dellC ribed , with the appurtenance.. unto the
said partie. of the second part, their beir. and assign. forever And the aaid party of the flrat part, for him.df, hi.
hein, executors, and administrator., doe. covenant, grant, bargain and agree to and with the .aid partie. of the
.econd part, their heir8 and a.signs, thet at the time of the en.ealing and delivery of tbese presents, h. i. "'ell .eized
of the premise. above conveyed, all of good. sure, perfect, absolute and inde!eaaible e.atAte of inheritance, in law, in
fe. .imple. and hu good right, full power and lawful authority to grant, bargain, .ell and convey the aame in manner
and form &toresaid, and that tbe 8ame are free and clesr from all former and other grants. bargains, sale.. lien.,
taxes, assessments and encumbrances of whatc:ver kind or nL.ture ~oe\'('r. except taxes and assessments
due and payable subsequent to the date hereof, and easements, restrictions
and covenants of record, if any.
and the ahove bargained prem!..s in the quiet and p"""eable pOS.'ORion or the .aid parties of the .econd part, the
.urvivor of them. their 1l8.llrTl& and the hei!'1l and 1l88igns of such aurvivor, against all and every person or perROM
lawfUlly claiming or to claim the whole or any pnrt thereof, the said party of the first part shall and ",ill W ARRA NT
AND FOREVER DEFEND, The .ingular number .hall Include the plul'1ll. the plural the singular. and the use of any
...nder shall be applicable to all genders,
IN WITNESS WHF.REOF the said party of the fiTBt part hu hereunto Bet hiB hand and Beal the day .."d y"m
fIr.t above written,
SIJrned, Sealed and Delivered in the Presenoe of
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x)B.N W. ZYDIK
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[St.A!.]
STATE OF COLORADO
25th
da y or
October
. 1979 '
My Commlulon explr..
j.,y CommISSIon EXp,rL:S ':;Ci. 74 'i9b~
. t-t' 1 ~ ~itne.~~;nd al'd:~c,ial ..al.
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DEPARTMENT OF COMMUNITY DEVELOPMENT
BUILDING INSPECTION DIVISION
CITY OF WHEAT RIDGE I COLD,
TH'.S PERMIT \lAUD ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND THE MAYOR - CALL 24 HOURS PRIUR TO I~JSP::CTION
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TWO SETS OF BUI:..DING PLANS MID TWO PLOT PLANS MUST ACCOMPM,Y THiS APPLICATION
BUSINESS NAME (:.(Cl>i,7[::i0Ci// C,/..::r(!I1, ~ ADDRESS (-il' ';(' s.~. kl/V, )FI~,H '-I'-r
COry Or DEED AND IM?ROVEMt:NT SURVEY REQUIRED
7500 V\!f5T 29th AVENUE
2:'7-6944 EXT 255 POBOX 638
PERMIT NO
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REAR PROPERTY LINE
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fRO/'lJ PROPERTY LINE
STREET NAME ;VI,: c /~c (: C..~ofl_"- (CIRCLE fRONT) N E S(~)
SHOW DISTANCES fROM THE MAIN BUILDING TO ADJOINING HOUSES, STREETS, AND PROPERTY LINES ON ABOVE SKETCH;
SHOW LEAST DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE.
OWNERS NAM~V;~(IM3_~..)<' ~:a;} fl-l LLJ LEGAL DESCRIPTION
CONTRACTOR P '/7C1!.5t 00 1-- TA-Llc. N. 7g,;~ V METES AND BOUNDS DESCRIPTION ATTACHED
ADDREssL.(.'~(1 c;.~J'Ju.)i2l/Yne'Ll? PHONE 79S"-,lS'I<./ ADDRESS .35-';0 me/if'/.:..<:= C:"
CITY it m_PT~,,~ ZIP CODE .'5'c / L c.' LOT NO. ~ BLOCK NO
LOT WIDTH ([i S- DEPTH / I C AREA / /55"1("' d1 SUBDIVISION I CL L/f':" f(-,LL"5 fiLING
INDICATE THOSE OF THE FOLLOWING OfF'SITE IMPROVEMENTS NOW EXISTING' Curb a Gutter_Street f'avingLwater L Sewer LSlorm Drainoge_
HAVE ARRANGEMENTS BEEN MADE TO PROVIDE FOR THOSE NOT NOW EXISTING' YE~NO~
ARE THERE ANY SPECIAL ASSESSMENTS AGAINST THIS PROPERTY YES_Nq....t:::.
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SPECIFY NORTH
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OCCUPANCY SI/t~C;L E rA/J1
/? E.s:.i .J> l:: ~C ~EXTER'OR MATERIALS WALLS Ft. /J.I~ r=;
ROOF P';t/fiY.-r
STORIES
2-
UNITS i REMARKS
OWNER / CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
PERMIT FEE
USE TAX
TOTAL FEE $
NOT VALID UNLESS RECEiPTED
I hereby certily that the above setback distances shown on this permit application ore accurate, and do not violate
applicable ordinances, rules or regulations of the City of Wheat Rijge or covenants, easements or restrictions of r6-
cord; that 011 measurements shown, and allegations made are accurate; that I hC\l8 read and agree to abide by 011
conditions printed on this apPlicOIf";Zon, a1rQ thot I 0;;[5SUI1).." lull responsibility for co:nplionce with the Wheat R Idgo
Beddmg Code (U BC) and 011 oH'er applica Ie Wheal Ri ,0 irdi;nonces1 lor WI7!.rku under this permit /
I. '/'" ,. ( ') . _"
\OViNER)\CONfRACTOR) SIGNE." tJ.Y'_ r/J ~d 'c ,.,j,--" ,",-,.'/ DATE .-, '/2 ,) I
BUILDING DEPARTMENT USt:. ONLY
COST
SQ.FT
THE PROPERTY LOCATED AT :::),5 -9 0 A fc'(' lYe (I j
IS PRESENTLY ZONED f<, '2 - cf L (/, <::':3 - I? . ',') I
THE PROPOSED~E L~..~ I: NO:) ~LLOWE~ UN.'OER 'f~E.ZONI~G ORO;NANCE.
COMMENTS' liMn ',in.c.t -IYu~:> ,"'r.ll '-;'(-',-\.,
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BASEMENT - ROUGH
BASEMENT - FINISHEO
GROUND FLOOR
SECOND FLOOR
GARAGE
OTHER
OTHER
ELECTRICAL PERMIT
STATE NO CITY NO.
PLANS REVIEWED_ (_OK)(_NOT OK)
NO PLANS NEEDED__
PLANS NEEDED PRIOR TO ISSUANCE OF
ELECTRICAL PERMIT__
PERMIT ISSUED TO
PER REQUEST AS PER PLANS NO
AS APPROVED AND ON FILE IN MY OFFICE
DO N01 ISSUE PERMIT UNTIL CLEARED BY
CHIEF BUILDING INSPECTOR
DATE CLEARED __ BY
----~ UII(F BUILDING INSPECTOR
BY ___
BUILDING COST $
PLUMBING PERM IT
STATE NO.
PLANS REVIEWED
NO PLANS NEEDED
PLANS NEEDED PRIOR TO ISSUANCE OF
PLUMBING PERMIT
CITY NO.
(_OK)(_NOT OK)
MECHANICAL PERMIT
CITY NO.
PLANS REVIEWED__(_OK)(_NOT OK}
NO PLANS NEEDED
PLANS NEEDED PRIOR TO ISSUANCE OF
MECHANICAL PERMIT__
PERMIT ISSUED TO ~
PER REQUEST AS PER PLANS NO __._
AS APPROVED AND 0:, FILE IN MY OFFlrE
DO NOT ISSUE PERMIT UNTIL CLEARED BY
CHIEF BUILDING INSPECTOR
PERMIT ISSUED TO
PER REQUEST AS PER PLANS NO
AS APPROVED AND ON FILE IN MY OFFICE
DO NOT ISSUE PERMIT UNTIL CLEARED BY
CHIEF BUILDING INSPECTOR
DATE CLEARED BY
CHIEF BUILDING INSPECTOR
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DATE
BY
DATE
_~f-DATE CLEARED. . BYc=-~.====-
BY CHIEF BUILDING INSPECTOR I
DATE_____~~ - ---- I
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CONDITIONS'
(I) THIS PE:.RM!T WAS ISSUED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN YOUR APPLICATION AND IS SUaJECT TO THE LAWS OF THE STATl or COLCRADO
AND TO THE ZONING REGULATIONS AND BUILDING CODE OF WHEAT RIDGE, COLORADO OR ANY OTHER APPLICABLE ORDINANCES OF THE (,\T,\
(2) THIS PERMIT SHAl.-L EXPIRE IF (A) THE WORK AUTHORIZED IS NOT COMMENCED WiTHIN SIXTY (60) DAYS f RUM ISSUE DATE OR (B) THt. Al!It[J[r~G AUTHUnl.d-.[l IS
SUSPENDED OR ABANDONED FOR A PE RICO OF' 120 DAYS
("3) If hilS PERM1T EXPIRES, A NEW PERMIT MAY BF. ACQUIRED FOR A FEE OF ONE-HALF THE AMOUNT NOR~,jALLY REQUIRED1 PROVIDED NO CHANGeS HAVE BEEN Ort WI~L
BE MADE IN THE ORIGINAL PLANS AND SPECIFICATIONS AND ANY SUSPENSION OR ABANCJONMENT HAS NOT EXCEEDED ONE (I) YEAR. IF CHANG!::S ARF MADE OR IF
SUS?[16\ON OR ABA.NDONM'C.tH EXCEE.DS ONE. (l)'fEAR, FU\....L FEES SHALL BE PAID FOR A N~W PERMIT
(4) NO WORK or. ANY MMm~R SHALL BE DONE THAT WILL OBSTRUCT THE NATURAL FLOW OF WATER CAUSt~G /1, DRAINAGE t>fWl3LEM
{5} CONTRACTOR SHALL NOTIFY HiE BU\U}ING \NSPECTOR TWEN"I'I'-FOUR (24) HOURS IN ADVANCE FOR AL\.... II'\:;PECTlONS AND SHALL RECE:IVE WRITTEN tli~'f/OV:~L
r,N INSPECTION CAHD tit-FORE PROCE.1:.0ING WITH SUCCESSIVE PHASES OF IH~ JOB
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APPROVED
DISAPPROVED
CHIEF BUILDING INSPECTOR
FOR MAYOR