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THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION 1
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 19 /
day of June , 1981, between the City of Wheat Ridge, a -
Municipal Corporation, hereinafter referred to as City, and
Dennis R. and Joyce L. Salling , hereinafter referred
to as Owner, and concerns property located at Lot 22 ,
Yousse Suhdivision amended, 8888 W, 37 Place ,
County of jcricr "~:1 State ot,C~
DEVELOPMENT AGREEMENT
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 June 19, 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, the 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 'chose
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 Works, upon the direction of the Mayor
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 REGULATIONS 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 within 60 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
8 I 0 6 0 69 8)
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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:
(),vners shall ins tall curb, gut ter, and s ideHalk at 8888 H. 37 Place, Lot 22,
Yousse Subdivision,
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8 \ 0606'8'
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
3
RECOHMENDED BY:
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City Attorney
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f~~City Administrator
~XECUTED BY OWNER:
EXECUTED BY CITY:
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Mayor,
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Crty of Wheat Ri ge
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ATTESTED TO BY:
STATE OF COLORADO )
) SSe
COUNTY OF JEFFERSON )
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of
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, 1981, by 1~:7"~." ,c -j. /''::) '/
My Commfssfon rv~I..< lo",.."" ll, 19S~
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The foregoing instrument was executed before me this
,K'
My commission expires:
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;f"lE.F-l-~ONE BE 3-\0\6
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1!)rrbrrt 1K. iCinn
REGISTERED ENGINEER
REGISTERED LAND SURVEYOR
:CCVC','RER 17, 1965
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1205 PIERCE STREET
DENVER. COLORADO B0214
G<:RT I> ICATE i (;000-li7
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08 I Tms DEED, Made this 4th <!ay of June
between GLENDON L. AIJ.RED' and IVA W. ALLRED
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,U80,
FILING STAMP
of the County of
Colorado, of the first part, and
Jefferson
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and State of
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DEmJIS R. SALLING and JOYCE L. SALLING
of the County of Jefferson
Colorado, of the second part:
and State of
WITNESSETH, that the said party of the first part, for and in consideration of the sum of
TEN-.- - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - -DOLLARS
-:-' nd other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
J' econd part, the receipt whereof is hereby confessed a.,d acknowledged, has granted, bargnined, sold nnd conveyed,
. Llld by these presents docs grant, bnrgain, sell, convey and confirm unto the said partieJl of second part, their
Co I eirs and llSsigns forever, not in tenancy in common but in joint tenancy, all the following described lot or
~m ' parcel of land, situate, lying and being in the County of Jefferson and State
(1) . \ I ~f Colorado, to wit:
8: \ i LOT 22, YOUSSE SUBDIVISION JUoIENDED
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TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits the~eof; and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO llA VE AND TO HOLD the said premises above bargained and described, with the appurtenanc3s, unto the
said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himseif, his
heirs, executors, and administrators, does. covenant, grant, bargain and agree to and with the said parties of the
second part, their heirs and assigns, that at the time of the enseaiing and delivery of these presents, he is well seized
of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner
and form nforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments and encumbrances of whatever kind or nature soever, except taxes for the calendar
vec.r 19$0 and subsequent y 3ars, and subject to all easements and rights of ,<ray,
Restrictions, and Protective Covenants, of record, and including easements and
rights-oi-way appurtenant thereto, of record,
and the above bargained premises in the quiet and peaceable possession of the said pa~tie8 of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any
"ender shall be applicable to all genders.
IN WITNESS WHEREOF the said party of the first part has h{!re to set his hand and seal the day and year
first above written, J/t { f
. I l' d' h P f 1 ,~,,: ~I J q;J-.... .; ,f7tQQ,)'ot,. (SE\I]
S'f,'Iled, Sea ed and Dc ,vere III t e rcscncc 0 ....:.....,... ...........v.~'k:4j..,.':\: "',..\)c.................. ,1.
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\.lllt'I.,
: rr -'(STATE OF COLORADO
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/,_.,. ......". County of Jefferson
ThD foregoing ;nstl1Jrnent Was acknowledged uefore me this 4th
.. -'-, , 'II:'
h. tGlendQD.L. !Ulred and Iva H. A.llred
. /1 , /0.2
I\ly Commi,ssiou ,~:,<pir('s ~; I~ , -
1ss.
J
day of
June
,1980 ,
/
),,,c/w, h d d ff" 1 1
, 19 ( /. ~ness my an an o. lCW.. sea.
....../._./:.~,.._.::>.:.~.,...~. / .._::':::.:.:/...._.(:..- '-on
- /- Notary J'uLlic
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No. 921A. WARRANTY' DEED.-To Joint T~nnlttJl. -DrnJ.tord Publiahin5i:' Co., 1824-4G Stout Slreet. Denver, Colorado - G.";'.!
-If by nnlunU pernon or vernon!! here inncrt name or nnmC'6: it' by t'creOD 8ctlns: in rep~cntntlve or o1'tidnl c.n.pac.~ 01"1 M ~tlorn">..irr~c~
. ! rson as eJC.ccutor. nttorncy~in-!act or other c;1oncity or defSerlption: it by ol!iccr or c:orpornlt~:m. eu nac ne.tne Q ~~Cf
~~~cl~~rrtoUi:~~ n:~he p~idcnt or other officers of !luch corpomtion. namlDe' it. Sttl.tutory Acknowledgment, See. 118.(;-1 Colorado Rc\l5cJ
S:.n.tuv-s 1963.
CITY OF WHEAT RIDGE - MEMORANDUM
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To
Subject
Approved
Tom Palmer, City Admin,
From Rodger O. Young, Dir" P. H.
Development Agreement
Dam June 22, 1981
8888 H, 37 Place
Date
Attached is a development agreement for the above-mentioned property that
needs to be executed. The purpose of this agreement is that no curb and
gutter currently exists in the area.
ROY:vab
Att,