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RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
RECEPTION NO. 89017326
02/28/89 14:30 9.00
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DEVELOPMENT COVENANT
THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REG~LATIONS of ~he City of Wheat Ridge, is entered into this
II , ,day of JA,Nv;l:," 1 ' 1989,' between the City of Wheat Ridge,
a Munlclpa 1 Corporatlon, herelnafter referred to as City, and
Terrence N. McCann and Valentina McCann, hereinafter referred to
as Owner, and concerns property located at 6807 West 48th Avenue,
Wheat Ridge, Colorado, 80033
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 in Tract 2, Minor Subdivision No. MS.-77-07,
City of Wheat Ridge, Jefferson County, Colorado., which property
is hereinafter referred to as the "Property"); and
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WHEREAS, Owner is has constructed a new residence and associated
improvements and is desirous of obtaining a Certificate of
Occupancy; 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 Covenant is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
l. 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 new residence and
associated on site improvements.
3. The Property fronts along a portion of West 48th Avenue,
which has been previously improved. Curb, gutter, sidewalk and
associated street improvements are not in place or are
substandard along the property's street frontage. The Owner has
requested postponement of construction of required improvements
along 48th Avenue until 48th Avenue is reconstructed to proper
standards.
4. In accordance with Section 5-94.1 of the Code of Laws of
the City of Wheat Ridge, Colorado, subsection E, the Department
of Public Works has determined that public improvements along
West 48th Avenue need not be immediately constructed and that
execution of this Development Covenant is appropriate. The Owner
agrees to participate in engineering and construction costs for
his 48th Avenue frontage when the remainder of the street is
brought in accordance with City street standards. The
engineering and construction costs will be limited to those
reasonable and necessary to construct West 48th Place to current
local street standards, including earthwork, one half street
width paving, curb, gutter and walk, and miscellaneous and
incidental items.
5. 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 West 48th 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. The detailed cost estimate will include the
Owner's portion of the cost of curb, gutter and sidewalk,
pavement improvements and other items listed in paragraph 4.
6. Upon receipt of the detailed cost estimate or billing, the
Owner hereby agrees to pay to the City, within 45 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 quanti ties 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 by the Owner within 45
days after final acceptance of the public improvements.
7. Owner agrees to pay for all public improvements or billings
so made within 45 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 c;j--"
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.
8. 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 as
they exist at the date of execution of this Covenant, for curb,
gutter, sidewalk related street and drainage improvements, solely
relating to those streets fronting on the property and
neighboring tracts of land, the Owner or his assigns and
successors agree not to oppose its creation, or subsequent
reasonable assessment of the costs to the property.
9. 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.
10. This covenant is executed by the Owner pursuant to the SUB-
DIVISION REGULATIONS of the City of Wheat Ridge.
ll. 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.
12. 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. 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 5 above. Any interest accruing on any
cash bond shall become the sole property of the City.
13. 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 AGREEMENT shall be released by the City
1 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 I S seal, which document
shall likewise be recorded.
RECEPTION NO. 89017326
SPECIAL PROVISIONS AND AGREEMENT
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
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Robert Goebel,Director of
Public \vorks
RECOMMENDED BY:
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EXECUTED BY CITY:
ATTEST:
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Wanda Sang,
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Dan Wilde, Mayor
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SE;AL
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EXECUTED BY OWNER:
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STATE OF COLORADO )
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County of .::Je/k/!'so"v )
The foregoing instrument was executed before me this /1 ~~
day of <.J/9;t./tlt1/lt-/ , 1989 ,by ~~t/ me' ~,;p..ul(/
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SEAL
// //;l , 1989
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RECEPTION NO. 89017326