Loading...
HomeMy WebLinkAboutGeorge S. Johnston� ^ PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT made this 10th of June, 2003, by and between 1,07- the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and George S. Johnston , (the "Developer"), together referred to as the "Parties". The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"), commonly known as 12701 W. 42n On 8, 2003, the City of Wheat Ridge, after the required review process, approved a building permit for the Property located at 12701 W. 42 The approvals cited above are contingent upon the express condition that the Developer faithfully perform all duties created by this Agreement, covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: PUBLIC IMPROVEMENT AGREEMENT 04/03 RECEPTION NO. F1796359 7/03/2003 14:05-52 PG- 001-013 PAGE FEE: 66.00 DOC.FEE- 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO 1 # LOS& I The Developer shall warrant any and all Public Improvements for a period of two (2) years from the date the Director certifies that the Public Improvements conform with specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: pil 11 � I I (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is required to install and maintai landscaping on public or private property, it is the oblic, I writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 16. Release of Liabifty. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 21. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 22. Attorneys Fees. Should this Agreement become the subject of' litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. Notice to Developer: Notice to Cityi Director of Public Works 7500 West 29 Avenue Wheat Ridge, GO 80033 25. Assiqnment or Assignments. There shall be no transfer • assignment • any • the rights • obligations of the Developer un•- '• - out the prior written approval of the City. 26. Recording • Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. I WHEREFORE, the patties hereto have executed this Agreement • the day and year first above written. -0 ATTEST: M M # M. Ponar, • P STATE 1 M Vt koVLVKA U COUNTY OF — 0 — ' Frf e S i)"'j M The foregoing instrument was acknowledged before me this day of . ... ..... .. 1 2101n y by 6;cp,9-4r:P-r 'Tai4os-V-w-j as* FJOIIIII WOMAN; I MA gel 11 0 1 *. * i 0 EXHIBIT B /P Z E I L E R - P E N NO C K 9 INC -10 H A A R C H I T E C T S E N G I N E E R S PMCIPA" fl-mitct: Hector=JQhn2tQn Cmtruction Date: November 14, 2002 PAUL lk PENNOCK W KELLY OLIVER Job No.: Z02-119 )OHNC HELLGPF-N Prep. By: WJL Owner: Hector-Johnston Construction, Inc. 12701 W. 42nd Avenue Wheat Ridge, CO Description: Engineers Cost Estimate of Public Improvements Any estimations of prices, probable project costs or construction costs rendered by Zeiler-Pennock, lncJOHA represents a best judgment and are furnished for information only, Zeiler- Pennock, Inc,10FIA makes no warranty of guarantee, either expressed or implied as to the accuracy of such opinions as compared to bid or actual costs, Topic No, ITEM UNITS QUANTIT PRICE AMOUNT Water 1 Asphalt Patching for Water Tons 2 $ 36.00 $ 72,00 Total = $ 72.00 Storm I Curb Inlets w/ Hardware EX 1 $1,280.00 $ 1,280.00 Total = $ 1,280,00 Street I Asphalt Patching Tons 15 $ 36.00 $ 540.00 Imprvmnts 2 Curb & Gutter w/ 4' sidewalk LF. 342 $ 19,89 $ 6,802.38 3 8` Cross Pan E.A. 30 $ 35.50 $ 1,06&00 4 Intersection Access Ramp E.A. 22 $ 26,50 $ 583,00 5 No Parking Signs E.A. 3 $ 150,00 $ 450.00 Total = $ 9,440,38 Total Public Improvements = $ 10,792.38 Z 1 4CIF. 10 2727 BRYANT ST. SUITE 600 DENVER. CO $0211 (303) 455-3322 FAX (303)45$-3709 galikel "a M30,13,51y NAM Bob COMPANY Hector-Johnston Consuuction Co- ADDRESS 2006 Bryant St. CrI`Y/STATE Denver, CO 80211 P14ONE NO. 303-480.3390 FAX NO. 303490-9344 ADDRESS 12701 W. MII Ave. CITY/STATE Wheat Ridge, • DATE OF PLANS BY # . 9 M • T MT MT T—r=i v completion • the work as follows A-FAST PATCK INC. by Date: Signature: Gentlemen: We hereby authorize you to draw on us for the account of George S. Johnston. whose address is 122 Pine Road, Evergreen, CO 80439, up to an aggregate amount of Thirteen Thousand Four Hundred Ninety and 48/100 ($13,490.48) available by your draft(s) at sight to guaranty the construction and completion of the Road Improv- ! - at 12701 W. 42" Avenue, Wheat Ridge, CO 80422 Each draft presented under this Letter of Credit must state that it is drawn under PEAK NATIONAL BANK LETTER OF CREDIT NUMBER 70494 dated January 8, 2003, and the amount endorsed on this Letter of Credit. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duty honored upon presentation to the drawee, • (303) 216-9999 # 770 Heritage Rd. # Golden, Colorado 80401 11 b A O 1 r L Fours very truly, 7 �AITIONAL BANK Byw: 1pltf Z:; r 9.6 m 1 0.4 WA N RAI W- - M...