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DEVELOPMENT AGREEMENT &
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
COVENANTRECEPTION NO. 86082026 .
07/22/86 13:27 6.00
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THIS DEVELOPMENT AGREEMENT, as authorized by the DEPARTMENT OF
COI"li'lUNI'fY DEVELOPI'1EWr of the CITY OF WHEAT RIDGE, is entered
into this day of , 19_~, between the
City of Wheat Ridge, a Municipal Corporation; hereinafter referred
to as City, and KKM&S PARTNERSHIP, Iler e i n3 fterre fer r ed to as
Owner, and concerns property locate,j at 7900 West 44th Avenu~
69
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WITNESSETH:
WHEREAS,
the City
Colorado,
attached
property
Owner is the titled Owner of a tract of land in
of ';[heat Ridge, County of Jefferson, State of
more fully described in Exhibit A, which is
hereto and expressly made a part hereof (which
is hereinafter referred to as "the Property"); and
WHEHEAS,
Owner
is
developing
the
Property;
and
\VHEHEAS, certain improver'lents on the Property and the
neighboring tracts of land are incomplete and/or below
those standards as set out by the DEPARTMENT Of COMMUNITY
DEVELOPMENT of the City; and
WI1EHEAS, to be uniform and consistent with future
neighboring improvements, the completion or non-completion
of those improvements as required by the DEPARTMENT OF
CO~1MUNITY DEVELOPMENT will make no significant change at
the present on the neighboring tracts of land; and
'o'/HEREAS, in order to conform to those requirements as set
out by the DEPARTMENT 0F COI'1:.1UNITi DEVELOPME1'iT 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 ClS set forth under paragraph No. 8 is
hereby recognized by Owner.
2. The Planning Director, 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
requirements as required by the DEPARTMENT OF cOt~r'1UNITY
DEVELOPl'lE1H of the City to construct irnprove:nents as set
forth under paragraph No. 8 hereof.
3. Ilpon receipt of such notice to furnish or construct the
improvement as required by the DEPARTMENT OF COMMUNITY
DEVELOPMENT of the City, Owner hereby agrees to construct
and furnish at Owner's cost, such improvements as required
by the DEPART:~E1H OF COMMUiHTY DEVELOPMENT of the City, and
to do so in conformance with the design standards of the
SUBDIVISION REGULATIIJNS of the City.
Ij. Owner agrees to construct, or cause to be constructed, all
improvewents required hereby vii thin 60 days of the
receipt of the notice described in the preceding paragraph.
In tile event such Lnprovctl1ents 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 subcontractors, and to complete the
improvements described herein, said completion to be
accomplished at Owner's sole expense.
()wner agrees to pay for all improvements so made wi thin 3G
days of the date of completion, Owner further agreeing that any
amount resulting frorn his failure to pay for any impr,)vement
thus completed shall constitute a lien upon the Property above
described in the actual amount of the public improvements
completed, less any payments made by Owner, plus interest on
the amount unpa id at 11J percent per annum from the date of
completion, plus any costs incurred by the City in collecting
same, includinG court cost3 and attorney's fees.
KKMS PARTNERSHIP DEVELOPMENT AGREEMENT & COVENANT
PA.GE 2
S. This a~reement is executed by the Owner pursuant to the
requirements of the DEPARTMENT OF CQi.1MUIHn DEVELOPMENT of
the CITY OF WHEAT RIDGE.
6. The parties hereto agree that this DEVELOPtc1ENT AGREU1ENT, by
its terms, shall be binding upon the City and the 01;mer and
upon the assigns and successors thereof; and shall constitute 2
covenants running with the Property.
7. The DEVELOPMENT AGREEMENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute ;:]
continuing covenant running with the lcmd, providing however,
that this DEVELOPMENT AGREEMENT shall be released by the City
upon the completion by the Owner of the improvements described
herein, which release shall be evidenced by a signed document
attested to by the City Clerk and bearinti the City's seal,
which document shall likewise be recorded.
8. SPECIAL PROVISIONS AND AGREEMENT:
The applicant shall pav~t the City's discretionLth~
20 foot access easement shown on the Charles Graul, Jr., Minor
Subdivision upon development of either Lots 1 or 3 of the
Charles Graul, J'2. r-linor Subdivision.
IN WITNESS WHEREOF, the parties
date first shown.
have set their hands and seals on
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Co,"mO"ty De,e opm~nfp"tment
~ECOM~~~
Public orks Department
APPROVED AS TO FORM:
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Ci ty' Administrator
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City A'Horney /
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EXECUTED BY CITY:
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Mayor, City of ~heat Ridge
ATTESTED BY:
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CIty Clerk
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EXECUTED BY OWNER(S):
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''/STATE OF COLORADO )
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COUNTY OF JEFFERSON)
The foregoinb instrument was acknowledged before ille this
24th
19_~_, by
Judy A. Sullivan
day of
June
My commission expires:
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RECEPTION NO. 86082026
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