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DEVELOPMENT COVENANT
RECEPTION NO. 92155438
12/02/92 10:40
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REGULATIONS of the City of Wheat Ridge, is entered into this ~
day of nC~oQ~r , 1992, between the City of Wheat Ridge a
Municipal Corporation, hereinafter referred to as City ~nd
Lutheran Medical Center, hereinafter referred to as owner', and
concerns property located at 8300 West 38th Avenue, Wheat Ridge
Colorado 80033. '
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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 is in the process of obtaining a Building
Permit for the purpose of relocating and expanding the Emergency
Room facility; 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 the SUBDIVISION
REGULATIONS of the City, is hereby acknowledged by the Owner.
2. The Owner is intending certain improvements to be
constructed on the Property, including the expansion and relocation
of the Emergency Room facility. The Owner has agreed to the
following conditions:
A. When the city determines that a traffic signal at
Lutheran Parkway West and West 38th Avenue is warranted and
necessary to maintain smooth traffic flow, the Owner shall provide
for a signal by one of two methods:
i. The Owner shall design, provide and install the
traffic signal at their expense, or
ii. If the Owner and the City mutually agree, the
City shall design and install the traffic signal at the Owner's
expense.
A traffic signal will not be installed until it has been
determined by the City that the traffic conditions at the
intersection satisfy at least one or more of the warrants specified
in the most recent edition of the Manual on Uniform Traffic Control
Devices, DOT/FHWA. In addition, the installation of a traffic
signal must further be determined to benefit the health, safety and
welfare of the general motorizing public. The Owner will be
required to provide a traffic signal at this intersection within
twelve (12) months of notification fLorn the City th~t the above
conditions have been met.
B.
signal at this
specifications
Design materials and construction of the traffic
intersection, shall conform to City standards and
and shall be subject to City approval.
C. The traffic signal shall be interconnected with
adjacent traffic signals to the east and west on 38th Avenue and
shall be 100% compatible with the City's computerized traffic
signal system.
3. In accordance with Section 5-94.1 of the Code of Laws of
the :ity of Wheat Ridge, ~olorado, Subsection E, the Department of
P':1bl1c Works has detenuned that the construction of a traffic
~1gna~ at West 38th Avenue and Lutheran Parkway West need not be
1mmed1ate~y constru?ted and that execution of this Development );
cov~nant.1s appropr1ate. . The Owner agr~es to participate in the
Eng1neer1ng and Construct10n cost for th1s traffic signal when it
becomes warranted as specified in section 2A of this document or
as directed by the Director of Public Works. The engineering'and
construction costs will be limited to those reasonable and
necessary to construct the traffic signal in accordance with
section 2B and 2C of this document.
4. 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 Award of the Construction Contract
by the City Council. The detailed cost estimate will include the
Owner's portion of the cost for construction and interconnection of
the traffic signal.
5. 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.
6. 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 only that
portion of the Property above described which constitutes the Final
Development Plan for the emergency room facility 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 co~ts incurred by
the City in collecting same, including court costs and attorney's
fees.
7. 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.
8. 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.
9. This COVENANT is executed by the Owner pursuant to the
SUBDIVISION REGULATIONS of the City of Wheat Ridge.
10. The Parties hereto agree that this DEVELOPMENT COVENANT,
by its terms, shall be binding upon the City and the OwneL and upon
the assigns and successors thereof; and shall constitute covenants
running with the property.
11. 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
RECEPTION NO. 92155438
Paragraph 5 above. Any interest earned on any escrow funds shall
be the sole property of the city.
12. 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 3
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 COVENANT
This DEVELOPMENT COVENANT shall be in effect for a period of
ten (10) years from the date of the Agreement.
IN WITNESS WHEREOF, the Parties have set their hands and seals
on date first shown.
RECOMMENDED BY:
~MML
Pub11 Wor s epartment
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city Adm1n1 trator J
APPROVED is ~o Fofu.t:
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Attorney C;
BY CITY:
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STATE OF COLORADO
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COUNTY OF JEFFERSON
,';I;,~~ !oreg9ing instrument was acl)llow~edg~d ~fo;e me, this
day' OT 'I; r:.'cr:~-iLR/Z - , 1992, by ,C--< (' A <:., ~z_ v"- j'-" (.../
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Notary,Public in and for
The State of Colorado
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RECEPTION NO. 92155438
8300 West 38th Avenue
Wheat Ridge, Colorado 80033
(03) 425,4500
Lutheran
Medical Center
October 5, 1992
RECEPTION NO. 92155438
q
Mr 0 Robert Goebel
Director of Public Works
City of Wheat Ridge
7500 West 29th Avenue
Post Office Box 638
Wheat Ridge. Colorado 80034-0638
REo SIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT
Dear Mr. Goebel:
Lutheran Medical Center hereby agrees to construction of the sidewalk on the south side
of West 38th Avenue located within the final development plan of the emergency room
at Lutheran Medical Center to design standards and specifications of the City of Wheat
Ridge. Further. inasmuch as Lutheran Medical Center is maintaining roadways, parking
areas and sidewalks within the campus, it agrees to also maintain the mentioned sidewalk
on West 38th as a part of that effort. This agreement shall be in perpetuity, or until such
time as other arrangements are mutually agreed upon by the parties. If you should have
any Questions regarding the commitment to construct and maintain this sidewalk, please
advise.
Very truly yours,
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Executive Director and Vice President
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STATE OF COLORADO
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COUNTY OF JEFFERSON
Subscribed and sworn to before me by RICHARD L. TAYLOR, in his capacity as Executive
Director and Vice President of Lutheran Medical Center. this ~J,,--- day of
". \&-&t:7<<-.Lcoc . 1992
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