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R~CEPTION NO. 92056308
5/13"-12 10:2,' 20.00
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
AGREEMENT II
156
DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REGULATIONS of the City of Wheat Ridge, is entered into this ____
j 5' day of ,/' //>'7-,:'1 , 19';/ .:2.., between the City of
Wheat Ridge, a Municipal Corporation, hereinafter referred to as
City, and Ficco Bros Construction hereinafter referred to as OWner,
and concerns property located at 3610, 3630, & 3650 Vance street, .1
Wheat Ridge, Colorado 80033. I/~
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 Exhibit A, which is attached and
expressly made a part hereof (which property is hereinafter
referred to as "the Property"); and
WHEREAS, Owner has requested a Building Permit to develop
property; 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.
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 Teller
Street 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 Teller Street 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
Teller Street 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 Teller Street to
current local standards, including earthwork, one half street width
paving, drainage, curb, gutter and walk and miscellaneous and
incidental items required to complete the Project.
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 of Teller 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 the City
Council. The detailed DEVELOPMENT COVENANT 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.
RECEPTION NO. 92056308
Development Covenant
Ficco Bros Construction
Page 2
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 :2.
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.
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. 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.
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 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.
RECEPTION NO. 92056308
Development Covenant
Ficco Bros Construction
April 6, 1992
SPECIAL PROVISIONS AND COVENANT
3
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
RECOMMENDED BY:
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Publi Works epartment
APPROVED AS TO FORM:
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EXECUTED BY CITY:
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STATE OF COLORADO )
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County of Jefferson)
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My commission expires:
RECEPTION NO. 92056308
EXHIBIT "A"
The Northern 50.00 feet of a Tract of Land located in the northeast
one-quarter of section 26, Township 3 south, Range 69 West of the
6th p.m., City of Wheat Ridge, Jefferson county, Colorado,
described as follows: Beginning at the northeast corner of said ,)
section 26; Thence S 890 38' 23" W along the north line of the 7
northeast one-quarter of said section 26 a distance of 1478.50 feet
to the northwest corner of that tract of land described in book 26
at page 320 of the official records of Jefferson County, Colorado:
Thence S 30 08' 41" E along the east line of that tract of land
described in said book 26 at page 320 a distance of 662.78 feet to
the TRUE POINT OF BEGINNING; Thence S 890 38' 23" W parallel to the
north line of the northeast one-quarter of said section 26, and
along the south line of that tract of land described in book 175 at
page 223 of the official records of Jefferson county,Colorado, and
its easterly extension a distance of 21.62 feet; Thence S 30 04'
00" E a distance of 219.97 feet: Thence N 890 38' 23" E a distance
of 21.92 feet: Thence N 30 08' 41" W a distance Of 219.98 feet to
the TRUE POINT OF THE BEGINNING, containing 4,784 square feet, more
or less.