The URL can be used to link to this page

Home My WebLink About0132 RE, CORD[[) IN COUNTY O~ JE~FERSON STATE OF COLORADO RECEPTION NO. 87042650 , 04/0~/87 13=~O 12.0U 00 l~ DEVELOPMENT AGREEMENT @ THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this _~., day of ~~! , 19.LJ', between the City of Wheat Ridge, a Municipal corporation, hereinafter referred to as Ci ty, and Michael J. Schneider, hereinafter referred to as Owner, and concerns property located at 6530 West 30th Avenue, Wheat Ridge, Colorado. I '-f (- WITNESSETH: 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 as Lot 4, NEWLAND ESTATES SUBDIVISION, City of Wheat Ridge, County of Jefferson, State of Colorado, which property is hereinafter referred to as "the Property.; and WHEREAS, Owner has been issued a building permit to develop the Property as of September 3, 1986; and WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and neighboring tracts of land are incomplete and/or below those standards as set forth 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: IMPROVE- MENTS 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 Agree- ment is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for providing improvements along the street frontage of the Property, as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by the Owner. 2. The Owner has caused certain improvements to be constructed on the Property including a single family residence and a concrete driveway slab from the attached garage to the existing paved portion of Marshall Street, a portion of which driveway is on the public right-of-way in nonconformance with established City policies and procedures. 3. The Owner does not wish to remove the nonconforming portion of the driveway and has petitioned the City allow the non- conforming portion to r€~ain in place until such time as the City performs work on Marshall Street which would entail removal of the nonconforming portion of the driveway slab. 4. The Ci ty of Wheat Ridge has an ongoing program of improve- ments and maintenance operations on local streets. In this program, streets in residential areas are receiving improve- ments including curb, gutter, sidewalk, street widening and drainage improvements. RECEPTION NO. 87042650 5. In the event Marshall Street and/or West 30th Avenue are scheduled for improvements or maintenance, the owner agrees to participate in costs associated with such improvements as listed below: a. In the event removal of the nonconforming portion of the driveway is necessitated by maintenance or improvement operations, the Owner agrees he will be solely responsible for any costs associated with ~ removal and replacement of the portion of the driveway in the right-of-way. b. In the event West 30th Avenue and/or Marshall Street are scheduled for major improvements, the Owner agrees to pay for the construction costs of curb, gutter and sidewalk along the frontage of his property and costs associated with removal and replacement of the non conforming portion of the driveway. 6. The Director of Public Works will give 14 days written notice of any maintenance operations which would involve removal of the nonconforming portion of the driveway to allow the Owner time to effect any removal necessary. In the event does not remove the nonconforming portion of the driveway, the City may elect to perform such removal with City forces. The Director of Public Works will prepare and submit a detailed billing of costs associated with the removal and submit it to the Owner. 7. The Director of Public Works will give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to Marshall Street or West 30th Avenue which would affect the Property and will submit to the Owner a detailed cost breakdown and billing after Award of the construction contract by City Council. 8. The detailed cost estimate will include the Owner's portion of the cost of curb, gutter and sidewalk along West 30th Avenue and/or Marshall Street. 9. Upon receipt of the detailed cost estimate or billing, the Owner hereby agrees to pay to the City, within 30 days, the full amount of the detailed cost estimate or billing. The Owner also agrees to pay to the City any extra costs asso- ciated with the Public Improvements to the property due to variations in estimated Contract Quantities or as a result of change orders within 30 days of written request for payment by the City. The City will prepare a final cost for the Public Improvements and will pay to the Owner any over- charges paid by the Owner within 30 days after final accep- tance of the Public Improvements. 10. Owner agrees to pay for all public improvements or billings so made within 30 days of written notice; Owner further agreeing that any amount resulting from his failure to pay for any improvement or billing this completed shall constitute a lien upon the property above described in the actual amount of the public improvement or billing completed, less any payments by Owner, plus interest in the amount unpaid at 10 percent per annum, from the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and attorney fees. RfCEPTION NO. 87042650 11. In the event an Improvement District or a Special ImprovementDistrict 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 ....J his assigns and successors agree not to oppose its creation, or subsequent assessment of the costs to the property. 12. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. 13. This agreement is executed by the Owner pursuant to the SUB- DIVISION REGULATIONS of the City of Wheat Ridge. 14. 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. 15. The City, in its sole discretion, may require a cash or surety bond to be held in escrow by the City to secure completion or the public improvements described herein. Such cash or surety bond shall be in the 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 5 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 improvements. Any interest earned on any escrow funds shall be the sole property of the City. 16. The DEVELOPMENT AGREEMENT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a continuing covenant running with the land, providing however, that this DEVELOPMENT AGREEMENT shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by the Owner of all costs and fees associated therewith 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 RECFPTION NO. 87042650 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. p~~~partment f RECOMMENDED BY: Department 2 ), /, ~ H<-o/"4 lJ ~.t r1J2~ City Administrator ATTEST EXECUTED BY CITY: ~ -/ ;? ;., f ~ {~- Mayor, City of Wheat Ridge EXECUTED BY OWNER: /l(;daf~ V. ~~ (I ,< :~:~,>'"";~,.c,...r.":~1}::--, Sea 1 i,t(_" ~ "," -~ "''''~' ..,;.' .- '\ ,:' ."'\ ~'",. .'1 ;'~J;~)'\ , .. .... ".. ';1,.;)' ~ ' : \;"<,11 ~ ~ " J f ,~, \ ~ '" '.~d""" ~"''-~ r < \'. ~. "\,' t '", , ''''r i ;,~ ~ '\'j,>:, ."-i~.<~~/I .... ':'" ._ t. . \. \? ~~; . ':.;r w ,~~ Seal I STATE OF COLORADO ) County Of~~SS The foregoing instrument was acknowledged before me this ;5/~ day of 1:fA('~. 19EL. by :z?4d'='j? ~ ,-(k~ ~R', 19 ~'~ (-~' ~ Notar ubl1 ,/) 7S-vO a/, ,'9~~ j)U~ ~ My commission expires: