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DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS
of the City of Wheat Ridqe, is entered into this 17th day of
March , 1994, between the City of Wheat Ridqe, a Municipal
Corporation, hereinafter referred to as City, and Heinz N. and Thea M.
silz, hereinafter referred to as Owner, and concerns property located at
4425 Tabor street, Wheat Ridge, Colorado.
WITNESSETH:
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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 attached, and expressly made a part hereof, and
which property is hereinafter referred to as "the Property"; and
WHEREAS, Owner is in the process of constructing a greenhouse and
associated improvements and is desirous of obtaining a building 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 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:
I. 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 Tabor Street is
below those standards as set forth in the 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 5-45 of the Code of Laws of the City of
Wheat Ridge, Colorado, subsection E, the Department of Public works
has determined that public improvements along Tabor Street need not
be immediately constructed and that execution of this Development
Covenant is appropriate. The Owner agrees to participate in
engineering and construction costs for the property's frontage
along Tabor Street when the street is brought in accordance with
city 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 Tabor street to current
arterial and collector street standards, respectively, including
earthwork, one half street width paving, curb, gutter and walk, and
miscellaneous and incidental items.
~EVELOPMENT COVENANT
Page 2
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 Tabor 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 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 for payment 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.
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 or billing
this improvement completed shall constitute a lien upon the
property above described in the actual amount of the public
improvements or billing completed, less any payments made by Owner,
plus interest on the amount unpaid at 10 percent (10%) per annum
from the date of final acceptance or billing, 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 as they
exist at the date of execution of this Covenant, for curb, gutter,
sidewalk related street and drainage improvements, solely relating
to those streets fronting on the property and neighboring 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 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 for a period of ten (10) years from the
date of execution by the Owner.
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.
DEVELOPMENT COVENANT
Page 3
13.
The DEVELOPMENT COVENANT shall be recorded with the Clerk and IJ
Recorder of Jefferson County, Colorado, and constitute a continuing J
covenant running with the land, providing however, that this
DEVELOPMENT AGREEMENT 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 AGREEMENT
IN WITNESS WHEREOF, the parties have set their hands and seals on date
first shown.
REC
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APPROVED AS TO FORM:
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City Att6rrtey
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EXECUTED BY CITY:
ATTEST:
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Mayor, city of Wheat Ridge
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City Clerk
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EXECUTED BY OWNER:
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H~inz N. silz
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Thea M. Silz
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STATE OF COLORADO )
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County of Jefferson)
The foregoing instrument
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was acknowledged before me this
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My commission expires:
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SEAL
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7500 West 29th(Avenue, t Ridge, CO 80215
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EXHIBIT A
Beginning at a point on the East line of Lot Ten (10), 198 feet North of
the Southeast corner, thence 210 feet West, thence 132 feet North,
thence 210 feet East, thence 132 feet South to point of beginning; and
beginning at the Southeast corner of Lot Nine (9), thence 210 feet West,
thence 66 feet North, thence 210 feet East, thence 66 feet South to the
point of beginning; being that part of Lots Nine (9) and Ten (10) in
LEE'S SUBDIVISION in the County of Jefferson, Colorado.
Except the
South 11 feet of the North 132 feet of the East 210 feet of Lot 10.
LEE'S SUBDIVISION, Jefferson County, Colorado.
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