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HomeMy WebLinkAbout0152 RECEPTION NO. 8/02/91 14:05 RECORDED IN COUNTY OF ,JEFFERSON STATE OF COLORADO DEVELOPMENT COVENANT 91069789 15.00 / ;~:-2) 1; \ THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this 24th day of June , 19...21, between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Robert L. Johnson, hereinafter referred to as Owner, and concerns property located at 4590 Parfet Street Wheat Ridge, Colorado. \/~ 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 I,ot 1, Robert Johnson Subdivision City of Wheat Ridge, County of Jefferson, State of Colorado, which property is hereinafter referred to as the "Property.; and vIHEREAS, Owner is in the process of constructing a new residence and associated improvements and is desirous of obtaining a build- ing permit; 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 SUBDIV1SION REGULATIONS of the City; and WHEREAS, to be uniform and consistent with the existing neighbor- ing improvements, the completion or non-completion of those improvements as required by SEC'rION FIVE: IMPROVF:~1EN'l'S of the SUBDIVISION REGULA'l'IONS will make no signifj cant change at the present in those streets fronting the Property and the neighbor- ing tracts of land; and HHEREAS, 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 responsibi 1 j ty for providing improvements along the street frontage of the ProIJerty, 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 existing improvement of property frontage along Parfet Street is below those standards as set forth in the current SUBDIV1SION REGUI,A'l'JONS of the City, and the completion of those improvements as required by Sect.ion Five: Improvements of the current SUBDIVISION REGULA'l'IONS will make no significant change at the present in those streets fronting the property. 4. The Departnlent. of Public works has determined that public improvements along Parfet Street need not be immediately con- structed and that executlon of this Development Covenant is appropriate. The Owner agrees to participate in engineering and construction costs for the property's frontage along Parfet Street when the street is brought in accordance with City street standards, or as directed by the Director of Public \'Vorks. The engineering and construction costs will be limited to those reasonable and necessary to construct Parfet Street to current local street standards, including earthwork, one half street width paving, curb, gutter and walk, and miscellaneous and inci- dental items. J ".---' DEVELCJPHEN'l' COVENANT Page 2 I '-{ ~ .---.-...-'" 5. The Director of Publlc Works shall give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to Parfet Street 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 and associated 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 I) agrees to pay to the City any extra costs associated with the ~ Public Improvenlents to the Property due to variations in estimat- ed contract quantities or as a result of change orders within 30 days of written request for payment by the City. The City 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 bi llings so made within 45 days of written notice; Owner further agreeing that any amount resulting from his fai lure to pay for any im- ~rovement or billing thus completed shall constitute a lien upon the property above described in the actual amount of the public improvements or bilU ng complet.ed, less any payments made by Owner, plus interest on the amount unpaid at 10 percent (10%) per annum fronl the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and at.torney'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 REGULA'l'IONS as they exist at the date of execution of this Covenant, for curb, gut- ter, sidewalk related street and drainage improvements, solely relating to those streets fronting on the property and neighbor- ing 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 REGULA- TIONS, 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 SUBDI- VISION 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 consti tute cove- nants running wlth 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 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 5 above. Any interest earned on any escrow funds shall be the sole property of the City. RECEPTION NO. 91069789 / {.~/ DEVELOPMEN'l' COVENANT Page 3 13. The DEVELOPHEN'l' COVENANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and constitute a continuing covenant running with the land, providing however, that this DEVELOPMEN1' AGREE~'lENT 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 associat- ed therewith of the public improvements described herein, which release shall be eVldenced by a signed document attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. 3 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. epartment RECOMMENDED BY: ~~ ~I~LJ - Public Works epartment . / ' City Administrator RM: ~ EXECUTED BY CITY: LJc'.-A.<_lct..e~ Mayor, City of Wheat Ridge ATTEST; ,..----....., ( ~; "I, , /, I' "0 tU{ -;( , Ci tyClerk I /I / /1 ,,'- ,..' \i~i<"A ;f (. ut '~ F ,- " -( i<' I f ~... . ., \. EXECUTED BY OWNER: ::RJJ-,f ~~./ ~7~~"~~hft,,7<~ /. . ~AL . !' . '. .'f' , '" . " STATE OF COLORADO ) )ss County of Jefferson) The foregoing instrument was acknowledged before me this ~~/~ /) { J? day of "rL-IU , 19 ,/I , by fLcbel't L -.J'Ch175N7 c111d J&f"ddrd: ,T ...J{i/lmC?j/7 J My commission expires: It ' {~-3 , 19 cl1 , " ,::, / kud.~/(> '/( ~ijt'7L'P Notary Public ~ Z'J;?/{! hi ~qft., tU{(? 'M It ' /fl ' '/UUii C .A'.,,-dt';€, /J /,1, ,---t) Jt;4' "13 - ".f' t " \ . it{:, , ...'" '" sr; " "t.... -)' ,'-~ ". ~ " ~EAL ,,':r. ~::. , " . ~ {::J , " . " QI~ ,,'" (;'~. '.;\.,-' " RECEPTION NO. 91069789