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The approvals cited above are contingent upon the express condition that
the Developer faithfully perform all duties created by this Agreement.
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NOW, therefore, for and in consideration of the mutual promises and I
covenants contained herein, the sufficiency of which are mutually acknowledgell
the parties hereto agree as follows:
PUBLIC IMPROVEMENT AGREEMENT 04/03
•
RECEPTION NO. F2077644 : 001-009
8/12/2004 14:39:25 PG
PG FEE 46.00 STATE DOC.FEE: 0.00
ADO
RECORD�D IN JEFFERSON COUNTY, COLOR
The Developer shall warrant any and all Public Improvements for a period
• two (2) years from the date the Director certifies that the Public Improvements
conform with specifications approved by the City. Specifically, but not • way •
limitation, the Developer shall warrant the following:
(b) Any and all facilities conveyed shall be free from any security
interest or other lien • encumbrance; and
(c)
t all facilities so conveyed shall be free of defects in
materials or workmanship for a period of two (2) years as stat
above. I
PUBLIC IMPROVEMENT AGREEMENT 04/03 - 2 -
(d) To the degree the Developer is required to install and maintain
landscaping on public or private property, it is the obligation of
Developer to maintain the required landscaping for two (2) growi
season(s). I
The City will finally accept for maintenance all Public Improvements after
the warranty period has expired provided all warranty work has been completed.
The City shall accept for snow removal purposes only, all dedicated public
streets after the City issues the first certificate of occupancy.
The Director is designated by the City to exercise authority on its behalf
under this Agreement and to see that this Agreement is performed according to
its terms. Work under this Agreement may, without cost or claim against the
City, be suspended by the Director for substantial cause.
The Director and his authorized representatives shall have free access to
the work at all times. The Director, or his designee, will make periodic
observations of construction (sometimes commonly referred to as "supervision"),
The purpose of these observations and construction checking is to determine if
the work is being performed in accordance with the plans and specifications.
Inspectors may be appointed to inspect materials used and work done.
Inspections may extend to all or any part of the work and to the preparation or
manufacture of the materials to be used. The Inspector will have authority to
reject defective materials and to suspend any work that is being done improperly,
subject to the final decision of the Director.
PUBLIC IMPROVEMENT AGREEMENT 04/03 -3-
The Developer shall pay all property taxes on the Property dedicated to
the City, if any, and shall indemnify and hold harmless the City for any property
tax liability.
14. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
PUBLIC IMPROVEMENT AGREE,*AENT 04/03 -5-
communications, representations, or agreements, either verbal or written,
between the parties. There shall be no modification of this Agreement except in
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 Liat�&. 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
!,aws of the State of Colorado. 6
17. Caption . 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
Rigation to resolve a claim of default of performance or payment by the
Neveloper and a court of competent jurisdiction finds in favor of the City, the
1eveloper shall pay the City's attorney's fees and court costs.
PUBLIC IMPROVEMENT AGREEMENT 04/03 -6-
1030M
7" "', - i f Director of Public Works
7500 West 29 Avenue
7 Wheat Ridge, CO 80033
25. Assignment • Assignments. There shall • no transfer or
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Agreement without the prior written approval • the City.
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Property in order to put prospective purchasers or other interested parties on
notice as to the terms and•• : eof.
PUBLIC IMPROVEMENT AGREEMENT 04/03 -7-
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
VA
STATE OF COLORADO
ss.
COUNTY OF
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The foregoing instrument was acknowledged before me this day of
2001, by r-4 It3 0 1 c 1 10 as
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My commission expires: i2a-J3-06-
PUBUC IMPROVEMENT AGREEMENT 04103 -8-
Exhibit A
Lot 3 of the Ace Har(htm-e Lot Two Subdivision Plat, more commonly
known as 7490 West 45"' Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado. q