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HomeMy WebLinkAboutJefferson County Housing AuthorityWig `' The approvals cited above are contingent upon the express condition that the Developer faithfully perform all duties created by this Agreement. F 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 2&,riVPrrmX 1-6ye4Ver wrtteymWft Agreement without the prior written approval • the City. - ffl •- 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 4h The foregoing instrument was acknowledged before me this day of 2001, by r-4 It3 0 1 c 1 10 as -P-Xjacu�lue. DIMS061* ins I/ 'y pmz�� Al 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