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HomeMy WebLinkAbout3400 Wadsworth11IIIIII1IIIIIII111IIIIII111 R $61.00 D $0.00 2010038913 SUBAGR 05/07/2010 11:03:09 AM 12 Page(s) Jefferson County, Colorado D SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 8th of April, 2010 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City "), and (the "Developer "), together referred to as the 'Parties ". RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the 'Property "), commonly known as 3400 Wadsworth Minor Subdivision. On March 18, 2010 the Planning Commission of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled 3400 Wadsworth Minor Subdivision. A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto . agree as follows: 1. Purpose The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Fees. The Developer hereby agrees to pay City Development Review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the subdivision of the Property. 3. Title Policy A title commitment for the Property shall be provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretion, may accept any dedication regardless of SUBDIVISION IMPROVEMENT AGREEMENT 05/01 encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 4. Breach by the Developer; the City's Remedies In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and /or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice. 5. Public Improvements and Warranty All improvements, including curb, gutter and sidewalk, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the "Public Improvements" or "Improvements ") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the timeframes set forth on Exhibit C. The Public Improvements required by this Agreement and approved by the Director of Public Works of the City, the timeframes for construction of the Improvements and the itemized costs of these Improvements are set forth on Exhibit C if applicable. All Public Improvements covered by this Agreement shall be made in accordance with the regulations and construction standards for such improvements and approved by the Director of Public Works of the City. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be required, and Developer shall be responsible for submitting revisions to the Final Plat approved by the City. SUBDIVISION IMPROVEMENT AGREEMENT 05101 2 The Developer shall warrant any and all Public Improvements which are conveyed to the City pursuant to this Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conform with specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That the title conveyed shall be marketable and its transfer rightful; (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 maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s). 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. 6. Observation, Inspection and Testing The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. 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 shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. SUBDIVISION IMPROVEMENT AGREEMENT 05/01 3 The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision "). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications. He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. 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 inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Developer. 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. 7. Completion of Public Improvements The obligations of the Developer provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be performed on or before the issuance of a C.O. for new construction on Lot 2, and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the City's specifications. The Developer shall make all corrections necessary to bring the Improvements into conformity with the City's specifications. Once approved by the City's Director of Public Works, the City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. 8. Protection Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all SUBDIVISION IMPROVEMENT AGREEMENT 05/01 4 passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality. Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location, and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non - execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 9. Related Costs - Public Improvements The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 10. Improvements to be the Property of the City All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be dedicated to the City and warranted for a period of twenty -four (24) months following acceptance by the City, as provided above. 11. Indemnification The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. SUBDIVISION IMPROVEMENT AGREEMENT 05/01 5 The Developer shall pay all property taxes on the Property dedicated to the City and shall indemnify and hold harmless the City for any property tax liability. l 12. Waiver of Defects In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 13. Third Party Beneficiaries There are and shall be no third party beneficiaries to this Agreement. 14. Modifications This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous 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. 15. Release of Liability 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. 16. 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. 17. 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. 18. 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. 19. Invalid Provision If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which SUBDIVISION IMPROVEMENT AGREEMENT 05101 would render the provision valid, then the provision shall have the meaning which renders it valid. 20. 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. 21. 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. 22. Notice All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy -two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Keith Gantenbein for Crawford Holdings 8295 Ralston Road Suite 300 Arvada, CO 80002 Notice to City: Tim Paranto Director of Public Works 7500 West 29 Avenue Wheat Ridge, CO 80033 23. Force Maieure Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 24. Assignment or Assignments There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 25. Recording of Agreement This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in SUBDIVISION IMPROVEMENT AGREEMENT 05/01 order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. 'T'I'MEREFORE, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:- �c i J, gnK.Citytllerk SUBOIVISION IMPROVEMENT AGREEMENT 05/01 8 l DEVELOPE By: STATE OF COLORADO n ss. COUNTY OF V v v The foregoing instrument was acknowledged before me this a7 day of 2010, by e i 8 Qan n b ei , as cSi e, of -M i-a &A d 6»ldlxr Qorp Witness my hand and official seal. My commission expires: (SEAL) aOTAq- ' • Q O • P QF •COLO� Public SUBDIVISION IMPROVEMENT AGREEMENT 05/01 EXHIBIT A THAT PARCEL WITH RECEPTION NUMBER 2009035845, BEING LOCATED IN THE SOUTHWEST ONE - QUARTER OF THE NORTHEAST ` ONE - QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 1 OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE - QUARTER CORNER OF SAID SECTION 26, FROM WHENCE THE NORTH ONE - QUARTER CORNER OF SAID SECTION 26 BEARS ON A RECORD BEARING OF N00 19' 25 "W A RECORD DISTANCE OF 2654.95 FEET; THENCE N10 45'44"E A DISTANCE OF 676.18 FEET TO A POINT SITUATED ON THE NORTH LINE OF 33RD AND VANCE SUBDIVISION, ALSO BEING THE SOUTHEAST CORNER A PARCEL WITH RECEPTION NUMBER F1963113, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE AND THEN ALONG THE NORTH LINE OF SAID PARCEL WITH RECEPTION NUMBER F1963113 THE FOLLOWING TWO COURSES: 1.) N00° 16'44 "W A DISTANCE OF 60.05 FEET; 2.) S89° 47'25 "W A DISTANCE OF 85.02 FEET TO THE EASTERLY RIGHT OF WAY LINE OF WADSWORTH BOULEVARD AS DESCRIBED IN BOOK 1191 AT PAGE 174; THENCE NO3' 52'11 "E ALONG SAID EASTERLY RIGHT OF WAY OF WADSWORTH BOULEVARD AS DESCRIBED IN BOOK 1191 AT PAGE 174 A DISTANCE OF 68.44 FEET TO THE SOUTHWEST CORNER OF A PARCEL WITH RECEPTION NUMBER 2009035250; THENCE N89° 43'01 "E ALONG THE SOUTH LINE OF SAID PARCEL WITH RECEPTION NUMBER 2009035250 A DISTANCE OF 87.94 FEET TO THE SOUTHWEST CORNER OF A PARCEL WITH RECEPTION NUMBER F0793285; THENCE N89° 43'01 "E ALONG THE SOUTH LINE OF SAID PARCEL WITH RECEPTION NUMBER F0793285 A DISTANCE OF 141.59 FEET TO THE WEST RIGHT OF WAY LINE OF WEBSTER STREET (AVENUE) AS PER THE PLAT OF CONNELLEE SUBDIVISION; THENCE S00 21'21 "E ALONG SAID WEST RIGHT OF WAY LINE OF WEBSTER STREET (AVENUE) AS PER THE PLAT OF CONNELLEE SUBDIVISION A DISTANCE OF 128.47 FEET TO SAID THE NORTH LINE OF 33RD AND VANCE SUBDIVISION; THENCE S89° 44' 12 "W ALONG SAID NORTH LINE OF 33RD AND VANCE SUBDIVISION A DISTANCE OF 149.63 FEET TO THE POINT OF BEGINNING. EX I HIBIT -- R --------- ^- �a� I N 5 P. ° as s e § n 2R R € Wn se ie N- e § $�� a "a„ F ° a �a� iSY °aise� € �e a x� i g"a, veg ��.° a iaff ° 9 $ �;e € 3.g c €a 3' , s ° `rr"%y s gao s s 5 5 a a °4 �s. $ S a9 2 G L q I z °a ^ e�R aoa xr�3 eCxka s x!i< x z€ c $ d s a s1 e .& ga. sae gk a »n �g5 € 9 >• x k sk �a.. � F„ a� d x 1 Q a L ^ � m �_ _______ __________ ` w� r _ _ I � /L a �O v (anuang) ;.;S - Z ZL 3 a IZ 'N Q c,LV'9Zl $1Z, 12.005 m .^.F __ �t OU 1 r _� - 7 I $ y cr—�o N's e 8 — 3oi e i 89 I p I M I I ' wzzzrmx e° I � (n g MOW `a. N Oe p° a - i i i � 3�k 9�a� o � 4n sssw is (n �.. .� .a el �i m Iw xewwl __- O O 0 3,44 ZS.LON - T ray Moues ; ^ L ONa —. _ — _ v ,.:�+.... J sarsm nss �°m m Q O z P.vvnatnoH YteamsPnA1 a w � , r M S c '� a ia� s iiol € 8 4 za» € a s 1 I I g�x ' � 3 = €sgni� ° F Y °zU! "1 ne ° a n�E °4 � I a i `s z �M e9k &Meea E 9; [ EXHIBIT C Wilkinson Engineering 4535 North Broadway, Suite 101, Boulder, Colorado 80304 303- 499 -6755 720 565 -1488 4/18/2010 i I `VX Ken Gantenbien Associated Contractors 8295 Ralston Road Su 300 Arvada, Co 80002 Ref: Project address 3400 Wadsworth Blvd. Dear Ken: I am providing this estimate for approximately: 1. 128 LF of 5.25 Mountable type curb and gutter and sidewalk on Webster street: $35 per LF or $4480. 2. 128 LF 2' HMA patch back @ $61LF or $768. Total estimate: $5248 Please feel free to call me with any questions that you have at 303 499 -6755. Sin ti. L�i'1( cerety, Vol O ® William F. Wilkinson, PE 2010- 041914:56 7205248624 CITY OF WHEAT RIDGE PUBLIC W ORKS DATE 0.Y11? 40 RECEIVED P s. co sr �4-M , PPad d oy zolio PU I ZMQQ ovFMe - T04A -L{. SE GoMPGET2Fb PRioR. 7a C. 0. aF GoTZ . Pagel