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Home My WebLink About0133 RECEPTION NO. 81061433 OD q DEVELOPMENT COVENANT THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this 1st day of May, 1987, between the City of wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Elna M. Miller, hereinafter referred to as Owner, and concerns property located at 6615 West 38th Avenue. WITNESSETH: I~J 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 2 Fullerton Subdivision, more commonly known as 6615 West 38th Avenue (which property is hereinafter referred to as "the Property"); and WHEREAS, Owner has been issued a building permit to develop the Property as of February 2, 1987 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 noncompletion 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 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. The Owner has caused certain improvements to be constructed on the Property including a self service car wash facility with a drive way fronting onto West 38th Avenue. A portion of the Owner's responsibility for Public Improvements includes construction of side walk and curb and gutter along the property frontage. The City of Wheat Ridge has an ongoing program of improvements and maintenance operations on the major street system. In this program, the major streets in Wheat Ridge are being brought into geometric conformance with the street section which represents their classification. The City has scheduled West 38th for construction in the future and does not desire the developer to construct the curb and gutter or sidewalk along West 38th Avenue until an integrated design for the whole project is prepared by the City. When West 38th Avenue is scheduled for major improvements, the Owner agrees to pay for the construction costs of curb, gutter and sidewalk and associated improvements along the frontage of his property, exclusive of engineering costs. R ECOI~ DEI) IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 87061433 05/11/81 10~26 9.00 RECE:PTION NO. 87061433 d- The Director of Public Works will give written notice and an engineer's estimate of costs to the Owner 30 days prior to advertisement of any major improvements to West 38th Avenue which would effect the property frontage and will submit to the Owner a detailed cost breakdown and billing after Award of the construction contract by City Counci 1. The detai led cost estimate will include the Owner's portion of the cost of curb, gutter and sidewalk and associated improvements along West 38th Avenue. 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 associated 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 overcharges paid to the Ci ty by the Owner within 30 days after final acceptance of the Public Improvements. 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 thus 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. 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. 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. This agreement is executed by the Owner pursuant to the SUB- DIVISION REGULATIONS of the City of Wheat Ridge. The Parties hereto agree that this DEVELOPMENT COVENANT, 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. The City, in its sole discretion, may require a cash or surety bond to be held in escrow by the Ci ty 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 4 hereof, the Ci ty 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. 3 The DEVELOPMENT COVENANT 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 COVENANT 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 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. EXECUTED BY CITY: !. ATTES'J' \~1X~;1.;t,~ ' /71 Cr~:' Ci ty Clerk f RECOMMENDED BY: ~~ Pub . ,=,partment ~~~ City Administ t -c' '-.. :.J( -7" A:i-/-L14_ Mayor, City of Wheat Ridge Seal EXECUTED BY OWNER: ~hc<- CM ~ 31:<'1 S -Sl.( 'rQ.C-cc.5~ W11- \)eA\ve.<, C-o/o gp,37 RECEPTION NO. 87061433 STATE OF COLORADO ) . ss Csunty of Jefferson) The foregoing May, 1987, by My cOIlll.\ission instrument was acknowledged before me this 1st day of Elna M. Miller. expires: 3/15/88 (N ~~~~--- o a~ETlc J ./ 7S0Q-7/-J. t:?~~. //;; ..lo~A---1.d//-'7 /_ </41 . Seal