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DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REGULATIO~S 3f the city of Wheat Ridqe, is entered into this ~
day of 1\\J...b\ls\, 1993, between the City of Wheat Ridge a Municipal
Corporation, hereinafter referred to as city, and LOUIS J. FICCO,
ANTHONY M. FICCO AND DORIS M. IBBISON , hereinafter referred to as
Owner, and concerns property located generally at 3600 Vance
street, Wheat Ridge, Colorado.
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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 as Lots 1 and 2, Morningside Retirement Community
Subdivision (Jefferson County Reception Number 91114106) (which
property is hereinafter nderred to as "the Property"); and
WHEREAS, Owner is in
development including
buildings, etc. Owner
Occupancy; and
the process of constructing a major
paving, parking, multi unit apartment
is desirous of obtaining Certificates of
WHEREAS, sidewalk along the property's Wadsworth frontage is incom-
plete 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 non-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 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 Agreement is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for providing sidewalk along the Wadsworth
Boulevard 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 Wadsworth
Boulevard 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 "i:he Subdivision Regulations of the City of
Wheat Ridge, Colorado, the Department of Pub~ic Harks has
determined that the construction of sidewalk along the
Wadsworth Boulevard frontage 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 Wadsworth Boulevard when the sidewalk is brought in
accordance with the City'S Street Standards. This requirement
for sidewalk construction will occur when the property to the
north of West 36th Avenue or the property immediately north of
West 35th Avenue and south of the Property constructs sidewalk
on Wadsworth Boulevard, when the City and/or Colorado
Department of Transportation construct sidewalk improvements
along the Property's Wadsworth Frontage or as directed by ~he
Director of Public Works. The Engineering and Construct1on
costs will be limited to tqO$e reasonable and necessary to
construct a sidewalk anc necessary related improvements
adjacent to Wadsworth Boulevard.
Development Covenant
Page
2
5. The,Director of Public Works shall give written notice and an
est1mate of costs to the Owner 30 days prior to advertisement
of any major improvements to Wadsworth Boulevard 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 of the sidewalk as
mentioned in Paragraph 4.
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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.
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.
Development Covenant
Page
3
SPECIAL PROVISIONS AND COVENANT
Louis J. Ficco and Anthony M. Ficco agree to hereby assume all of
Dorris M. Ibbison's responsibility listed under this development
3
agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
APPROVED AS TO fORM:
'7Jvt ll~_./c..~ \"i ~Ml:.' dJ~'c,
City A torney
EXECUTED BY CITY:
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Mayor, ~ JfOf Whe ~dge
EXECUTE~ BY OWNER:
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Louis J. . icco
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Anthony M. F' co
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Doris
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STATE OF COLORADO )
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County of Jefferson)
The foregoing instrument was acknowledged before me this L\~\\
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