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DEVELOPMENT COVENANT
THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the
City of Wheat Ridge, is entered into this 10 day of Januarv , 2003 between the City of Wheat
Ridge, a Municipal Corporation, hereinafter referred to as City, and Gene D. Bark & MarQaret
H. Bark, hereinafter referred to as Owner, and concerns property located at 3181 Pierce Street
Wheat Ridge, Colorado '
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RECEPTION NO. F 11;;, (' ";' '..... .<>, ".'j
WITNESSETH' r'/13/20n:i 13:1}:'55 _E!~;: 901-01J3 .
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RECORDED IN JEFFERSON COUNTY, COLORHDO
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 Barths Subdivision, City of Wheat Ridge,
County of Jefferson, State of Colorado, which property is hereinafter referred to as the "Property",
and
WHEREAS, Owner is in the process of constructing a new residence 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 ARTICLE FOUR, SECTION
TWENTY-SIX. REQUIRED SUBDIVISION IMPROVEMENTS of the Subdivision Regulations will
make no significant change at the present in those streets fronting the Property and the neighbor-
ing 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 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 3181 Pierce Street is below those
standards as set forth in the SUBDIVISION REGULATIONS of the City, and the completion
of those improvements as required by ARTICLE FOUR, SECTION TWENTY-SIX.
REQUIRED SUBDIVISION IMPROVEMENTS of the Subdivision Regulations will make no
significant change at the present in those streets fronting the property
4 In accordance with Section 26-412 of the Code of Laws of the City of Wheat Ridge,
Colorado, subsection C, the Department of Public works has determined that public
improvements along 3181 Pierce 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 3181 Pierce 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 3181 Pierce Street to current local street
standards, including earthwork, one half street width paving, curb, gutter and walk, and
miscellaneous and incidental items
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 3181 Pierce 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
(10 year) DEVELOPMENT COVENANT 05/01
PUBLIC WORKS
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DEVELOPMENT COVENANT
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 /J
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 (1 0%) 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 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 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
12 The DEVELOPMENT 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 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
(10 year) DEVELOPMENT COVENANT 05/01
PUBLIC WORKS
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DEVELOPMENT COVENANT
SPECIAL PROVISIONS AND AGREEMENT
200
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
IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown
RECOMMENDED BY
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Public Works Department
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Community Development Department
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EXECUTED ,l3Y CITY
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Menor, City of Wheat Ridge
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City Clerk
SEAL
EXECUTED BY OWNER.
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STATE OF COLORADO )
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County of Jefferson )
The foregoing instrument was acknowledged before me this
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day of
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(10 year) DEVELOPMENT COVENANT 05/01
PUBLIC WORKS
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