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Home My WebLink About0149 H l=: C F':- ~Jl I CH,j f'FJ. q~,:ll (1" 52 12/ 2~:11 9Q'i 1 (-I: ~?,(71 2~3. ;"iQ'1 RECOROED Ii" [QUi'll Y elF JEFFERSCJI\J STATE iJF COi_ORADO , /- / -/ (' DEVELOPMENT COVENANT rP ;) Di'F THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the city of Wheat Ridge, is entered into this 10th day of December , 1990, between the city of Wheat Ridge, a Municipal corporatio~ hereinafter referred to as City, and ARAPAHOE HOUSE, hereinafter referred to as Owner, and concerns property located at 6195 WEST 38TH AVENUE, WHEAT RIDGE, CO 80033. WITNESSETH: ~ \/ I 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 and expressly made a part hereof (which property is hereinafter referred to as "the Property"), and WHEREAS, Owner was issued a Building Permit in May, 1990 for an addition to the site; and WHEREAS, Owner desires to obtain a Certificate of Occupancy for the addition; 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 this Covenant, is hereby acknowledged by the Owner. 2. The Owner has caused certain improvements to be constructed on the Property and associated on-site improvements. 3. The existing improvement of Property frontage along West 38th Avenue is below those standards as set forth in the current SUBDIVISION REGULATIONS of the city, and the completion 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. 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 the construction of public improvements along the Property frontage of West 38th Avenue need not be immediately constructed and that execution of this Development Covenant is appropriate. The Owner agrees to participate in the Engineering and Construction cost for the Property's frontage along West 38th Avenue when the street is brought in accordance with the City'S Street Standards, or as directed by the Director of Public Works. The Engineering and Construction costs will be limited to those reasonable and necessary to construct a sidewalk and necessary appurtenances adjacent to West 38th Avenue. 5. The Director of Public Works shall give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to West 38th Avenue which would affect the Property and will submit to the Owner a detailed cost breakdown and billing after ~lL~p-rIIJN ~)D. 901~~7~21 award of the Construction Contract by the City Council. The detailed cost estimate will include the Owner's portion of the cost of the sidewalk, 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 quantities or as a result of change orders within 30 days of written request by the city. The City will pay to the Owner any overcharges paid to the () City by the Owner within 45 days after final acceptance of ~ the Public Improvements by the City. 7. Owner agrees to pay for all public improvements or billings within 45 days of written notice; 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 payments made by Owner, plus interest on the amount unpaid at 10 percent (10%) per annum from the date of completion, plus any costs incurred by the city in collecting same, including court costs and attorney's 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 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 as permitted by law. 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 SUBDIVISION REGULATIONS of the City of Wheat Ridge. 11. 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. At the time the City determines to construct the sidewalk adjacent to the Property, 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 earned on any escrow funds shall be 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 COVENANT shall be released by the City upon the completion of the -2- pr_c.~t~PTI(1r\! f\)[l. Q~~'1,~~7~'}i:;1 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 COVENANT This Development Covenant shall be in effect for a period of ten (10) years from the Date of the Agreement. ,} ,', J ^ J L ). '! eel l (1 (~, h - . Public Works Department ;; IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: nt Department /~ , ./ "- city Administrator APPROVED AS'T0 FORM: .0 / (/ City Attorney ./ I~ J "/ -~- EXECUTED BY CITY: ATTEST: ~-W~ Mayor, City of Wheat Ridge City Clerk ..-<...... " , i i 0.0' .' SEAL d l." EXECUTED BY OWNER: r,o" o' " ARAPAHOE HOUSE !I .\ ~ By '3 n, ::::e - .-- Its E:"e.u..vI-,yC 0,', <<c...+o'- STATE OF COLORADO ) ) sS COUNTY OF JEFFERSON) ,,,,.,1\ I", ,I ,..", ", ,....,,"_.... ......t'., .""__ _ ~..... ('S~AII' ", \ O. ~ .) ,,",\ ,) ,1'" ,-- ,,;>8 -t' ~ -, ~I ( \ \. " "': ": ~- ---".....' ,"'-' . '\.,' I f ~ - ,~- \,' 'I {'f/I<ll ,11,1 '.. : ~,.:-".,- ,.. . ,- ':. peTn I All -3- RECEP1ION f~[). q01r~7~21 IXHIBI'l A A PARCEL 0' LAND BRING A PART O~ THE EAST 1/2 OF THE SW 1/4 OF THE BB 1/4 or THB SW 1/4 OF SBCTION 24, TOWNSHIP 3 sour.n, RANGS 69 WIST or THE 6TH PRINCIPAL MERIDIAN, COUNTY 0' JIPFBRSON, STAT! or COLORADO AND BEING MORB PARTICULARLY DESCRIBBD AS FOLLOWS, (FOR THE PURPOSB OF THIS LBGAL DBSCRIPTION THE SOUTH LINE OF SAID SECTIO~ 24 BEARs 889056t5S"W), BBGINNING AT '1'HB SOUTH ONIl-QOARTER CORNER OF SAIl) SECTION 24, THENCE S890 54' 58"W ALONO THE BOUTH LINE OF SAID SECTION 24, A DISTANCE OF 7'2,39 FEET, THENCE N0001St34"W, A DISTANCB OF 30.00 FEET TO THB 1~UE POINT OF BBGINNING,WHICn POINT IS ALSO ON THB NORTH LINB OF WEB'l' 38TH AVENUE AND WBICH POINT IS ALSO ON THB EAST LINE OF THE WEST 3 1/2 ACRES OF THE E 1/2 OF THB SW 1/4 OF I .! THE SE 1/4 OF THE SW 1/4 OF BAlD SECTION 24, THBNCE N0001S'34"W ~ ALONG SAID EAST LINE, A DISTANCE OF 150.00 FEZT, THENCE SUo 54 '58"" PARALLEL WITH THE SOUTH LINE OF SAID SBCTION :U, A DISTANCE OF 75.00 FEET, TRENCI 8oo015'34-E PARALLEL WITH THE BAST LINE OF THB WEST 3 1/2 ACRES OF THE E 1/2 or THE sw 1/4 Of THE BE 1/4 OF THB BW 1/4 OF SAID SECTION 24, A DISTANCB OF 150,00 PEET TO A POINT ON THE NORTH LINE OF WEST 38TH AVENUB, 30 FBET NORTH OF THB SOUTH LINE OF SAID SECTION 24, THENCE N89056tSS"S ALONG THE NORTH LINE OF WES'l' 38TH AVENUE AND PARALLEL WITH THE SOUTH ~%NE or SAID SECTION 24 A DISTANCE OF 75.00 FEET, MoaE OR LESS '1'0 THE POIN~ or BEGINNING (THE "LAND").