HomeMy WebLinkAboutMiracle on 35th Avenue;. - ; ' i t � :I
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PAGE_ FEIN" tN1.O0 DF. FE.,.. COLORADO
RECORDED IN TEFFEPSON t;OLJN 1 i 9
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 20th day of December 2002 by and between the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City "),
'.t and Roger R. Loecher (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 3502 Wadsworth Blvd.
On November 18, 2002 the City Council of the City of Wheat Ridge, after holding all
required public hearings, approved the final plat for the Property titled Miracle on 35th
Avenue A copy of the Final Plat is attached hereto as Exhibit Band 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 Other Requirements C.D.O.T. construction permit shall be obtained for
the work to be completed in their right -of -way.
3 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
4 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 encumbrances The
title policy evidenced by the title commitment shall be provided thirty (30) days after the
recording of this Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT 5/01
5 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 s_
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
6 Public Improvements and Warranty All storm sewer lines, drainage
structures, paved streets, 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 time frames set forth on Exhibit C The Public Improvements
required by this Agreement and shown on the construction documents approved by the
Director of Public Works of the City, the time frames 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
construction documents drawn according to regulations and construction standards for
such improvement 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
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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 1
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
7 Installation of Traffic Signal A traffic signal may be required to serve this
development. Determination of the need for the signal shall be made by the City's Public
Works Director, hereinafter "Director ", prior to building permit issuance and based upon
a traffic study for this development approved by the City The Developer shall provide
collateral for the estimated cost of installation of the traffic signal prior to building permit
issuance, if the Director has determined that a signal is needed. Prior to building permit
issuance, the Developer shall provide traffic signal plans for approval by the Developer
and the Colorado Department of Transportation
The Developer shall notify the City in writing, a minimum of one hundred sixty (160)
days prior to the desired time of installation /modification of the traffic signal in order to
allow the City to coordinate the timing of the traffic signal improvements If the Director
approves installation of the signal based on meeting traffic warrants, the City shall then
notify the Developer in writing of the exact amount required for the traffic signal
improvements The Developer shall then make payment to the City in cash for the
required amount within sixty (60) days of receipt of such letter The City will not
commence traffic signal improvements until the Developer has paid to the City the total
amount determined by the Director to be the total cost of improvements
8 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 �-
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
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 noway 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 maybe 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
9 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 January 10, 2004 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -4-
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
10 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 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 director 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
11 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
12 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
13 Performance Guarantee In order to secure the construction and installation
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -�-
of the Public Improvements the Developer shall, prior to recording the Final Plat, if
applicable, in the real estate records of Jefferson County, which recording shall occur no
later than ninety (90) days after the execution of this Agreement, furnish the City, at the
Developer's expense, with the Performance Guarantee described herein The `
Performance Guarantee provided by the Developer shall be an irrevocable letter of credit
in which the City is designated as beneficiary, for one hundred twenty -five percent (125 0 /0)
of the estimated costs of the Public Improvements to be constructed and installed as set
forth in Exhibit C, if applicable, to secure the performance and completion of the Public
Improvements as required by Section 26 -413 of the Wheat Ridge Subdivision Regulations
The Developer agrees that approval of this Agreement by the City is contingent upon the
Developer's provision of an irrevocable letter of credit to the City within ninety (90) days
of the execution of this Agreement in the amount and form provided herein Failure of the
Developer to provide an irrevocable letter of credit to the City in the manner provided
herein shall negate the City's approval of this Agreement. Letters of credit shall be
substantially in the form and content set forth in Exhibit D, if applicable, and shall be
subject to the review and approval of the City Attorney The Developer shall not start any
construction of any public or private improvement on the Property including, but not limited
to, staking, earth work, overlot grading or the erection of any structure, temporary or
otherwise, until the City has received and approved the irrevocable letter of credit.
The estimated costs of the Public Improvements shall be a figure mutually agreed
upon by the Developer and the City's Director of Public Works, as set forth in Exhibit C
if applicable If, however, they are unable to agree, the Director of Public Works' estimate
shall govern after giving consideration to information provided by the Developer including,
but not limited to, construction contracts and engineering estimates The purpose of the
cost estimate is solely to determine the amount of security No representations are made
as to the accuracy of these estimates, and the Developer agrees to pay the actual costs
of all such Public Improvements
The estimated costs of the Public Improvements may increase in the future
Accordingly, the City reserves the right to review and adjust the cost estimate on an annual
basis If the City adjusts the cost estimate for the Public Improvements, the City shall give
written notice to the Developer The Developer shall, within thirty (30) days after receipt
of said written notice, provide the City with a new or amended letter of credit in the amount
of the adjusted cost estimates If the Developer refuses or fails to so provide the City with
a new or amended letter of credit, the City may exercise the remedies provided for in this
Agreement; provided, however, that prior to increasing the amount of additional security
required, the City shall give credit to the Developer for all required Public Improvements
which have actually been completed so that the amount of security required at all time
shall relate to the cost of required Public Improvements not yet constructed
In the event the Public Improvements are not constructed or completed within the
period of time specified by paragraph 9 of this Agreement or a written extension of time
mutually agreed upon the parties to this Agreement, the City may draw on the letter of
credit to complete the Public Improvements called for in this Agreement. In the event the
letter of credit is to expire within fourteen (14) calendar days and the Developer has not
SUBDIVISION IMPROVEMENT AGREEMENT 05101 -0-
yet provided a satisfactory replacement, the City may draw on the letter of credit and either
hold such funds as security for performance of this Agreement or spend such funds to
finish Public Improvements or correct problems with the Public Improvements as the City
deems appropriate `
Upon completion of performance of such improvements, conditions and
requirements within the required time, the Developer shall issue an irrevocable letter of
credit to the City in the amount of twenty -five percent (2590) of the total cost of construction
and installation of the Public Improvements, to be held by the City during the warranty
period If the Public Improvements are not completed within the required time, the monies
may be used to complete the improvements
14 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
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
15 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.
16 Third Party Beneficiaries There are and shall be no third party beneficiaries
to this Agreement.
17 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
18 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -7-
19 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
20 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
21 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
22. 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 would
render the provision valid, then the provision shall have the meaning which renders it valid
23 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
24 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
25 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 Roger P. Loecher
P.O. Box 12208
Denver, Colorado 80212
Notice to City Greg Knudson
Interim Director of Public Works
7500 West 29 "' Avenue
Wheat Ridge, CO 80215
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -8-
26 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
27 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
28 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
order to put prospective purchases or other interested parties on notice as to the terms
and provisions hereof
29 Title and Authority The Developer, Roger P. Loecher expressly warrants
and represents to the City that it is the record owner of the property constituting the
Property and further represents and warrants, together with the undersigned individual(s)
that the undersigned individual(s) has or have full power and authority to enter into this
Subdivision Improvement Agreement. The Developer and the undersigned individual(s)
understand that the City is relying on such representations and warranties in entering into
this Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -��-
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written
CITY OF WHEAT RIDGE, COLORADO
B
z Gretchen Cerveny, Mayor
ATTEST
Wanda Sang, City Clerk
A E ' AST 0Rim J
Gerald Dahl, City Attorney
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -I()-
DF�C6�PER �•'�. -
i
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this <<, ' � day of
2002, by �_ . , L !, as
{�c LC 1pf�ti Of 0i
Witness my hand and official seal
My commission expires
}••� �pTA�gy '.
Pulwo
q a , tOF COL
(SEAL)
Notary Pu6lic
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
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35TH AVENUE EXHIBIT B
PLAT )N 26, TOWNSW 3 SOUTH, RANGE 69 WEST, 6TH P.M.,
OUNTY OF JEFFERSON, STATE OF COLORADO
MECATE
' LOECHER AND EILEEN F LOECHER, BEING IKE OWNERS OF REAL PROPERTY CONTAINING 0.4795 ACRES
,S FOLLOWS:
RnON OF THE NORTHEAST 1/4 OF SECTION 26, TOWANSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M_
S FOLLOWS:
T A POINT ON THE BEST 4NEOF THE NORTHEAST 1/4 OF SAID SECTION 26 TOWNSHIP 3 SOUTH, RANGE 69
6TH P.M., 1350.p0 FEET NORTH OF THE 504IHWEST COfWER' OF SAID NORTIIPASI.'- 1/4 ( 1357 .FEET. AS
THENCE NORTH ALONG. SAID WEST UNE 196 FEET: ?IHENCf EAST 175 FEET' T14ENCE' SM74 ALONG THE WEST
T PROPERTY 8FSDRlBED $CON 1494 AT PAGE 134. A OSBANCE OF '19p 7F�, %to , THE 4MRt uNe of WEST
E: IHEMCE WEST 1'%' FELT ALONG INE NORTH UNE'VF SAW WES SSTH,AWEl91E MD "ONE WESTERLY EXTF7{SW
TH ROMT 41F BEG9MAMG. E3ECEpTNG.THEREFRON. THQSE PORTIONS' BIEREDF'D£SORIBED IN BOOK 1185. AT PI BD 1185 ATPACE'i3R ALL IN THE COUNTY OF JEFFERSON. .FATE aF ,COLORAIJO. BEING' YORE PARTCULARI
IS FOLLOWS:
AT A POINT ON THE WEST UNE. OF THE NORTHEAST 1/4 OF SAID SECTION.26, TOWNSHIP 3 SOUTH, . RANGE 69
E GTH P.M., 135MOO FEET NDRD4 OF THE SoJlHWFST CORNER 01 SAO NORT WAST 1/4 ( 13,57.29 FEET, AS
THENCE N 89'41'27'E A DISTANCE OF 45M FEET TO THE SOUTHEAST'GOPI THAT PARCEL OF LAND
N BOOK 1185 AT $AGE 428 AND THE Tf(UE PONT OF: BEGINNING, THFII(E 1400, - M25 - E, ALONG'TdE EAST LINE
B� � LAND DESI' .O'M'e00K 1185 AT PACE 424 D*fANCE'CF 145.01 FEET - '70 THE SOUTHEAST' OWNS) 0 8 lf85 AT, PAGE 436; T!¢MCF�N E. ALONG THE EAST LINE THAI
LAND R4 SAID 1l 5 AT PACE 430 A. OLSTAILP OF.75.DO FAEi'1D`THE NONTNEASF T......ER
FENCE N 8W'41hT E.A'FLSTMLE OF 12790 FEET: 1NENCF:S.DM 9'. 1. .L. A141u(: iuc uccr
GRAPHIC SCALE
nil I
1 IeeA � >g K
MONUMENT LEGEND
a DENOTES SET NO. 4 REBAR AND CAP LS. NO. 10102
DENOTES SET NAIL AND FLASHER. L.S NO. 10102
P41'27 £ A
F OF 7.07 F
OF 25.00 FE
EA
'P..
F.GOECH A!YY.NU��
5500'WEST 44TH AVENUE
5500 WEST 44TH AVENUE
DENVER. COLORADO 80212
DENVER, COLORADO 80212
PH 303- 422 -8500
PHONE: 303- 422 -8500
PARCEL OF
OF;
45'IB'45'
9'41'27 W
R
A A PER
A PMT
6U RVEYQ'R E:
CLIMFICAT
W ..
TH
OF E WHEAT
I, MARTIN L LOPEZ, 00 HEREBY,CER
i OF REAL
MIRACLE ON 35TH AVENUE ;WAS MAD
TO THE ST OF MY "INI
BE
ES WATER
APPLICABLE COLORADO STA�7�LI7 C;
D ALL
ACCOMPANYING MA PoII
MARTIN L LOPEZ
COLORADO L.S. NO. 10102
DATE OF SURVEY: MARCH 12, 2002
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
Ttf NG WAS ACKNOW
200 PENT A
HER BE ME
AND EI F L
FORE THIS E OF
2002, ME P A R AND THIS c .'
WITNESS MY HMO AND OFFICIAL SEAL.
MY COMMISSION EXPIRES 1 111AI06 slF.O
tv
AD
NOTES: 26, MAINSFOP
I BASS OF BEARINGS THE WEST UNE OF THE 3 SOUTH, RANGE 89- EST.OF THE 6TH P.M. THE -BEARING S
MS. LINE BEING
N DM9'39 E THE CENTER OF SECTION 26 BEING A 3' BRASS CAP
LS. NO. 13212 THE NORTH 1/4 CORNER BEING A 3' BRASS CAP. L'S. NO. 13212,
2. SUBJECT PROPERTY IS LOCATED IN A ' ZONE C FLOOD ZONE AREA AS PER
F.I.R.M. COMMUNITY -PANEL NUMBER 085079 0005 C ( CITY OF WHEAT RIDGE) A
DATED FEBRUARY 4, 1988. ' ZONE C' IS DESCRIBED. AS AN AREA OF MINIMAL
FLOODING
r 3. ACCO MyG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON Ally DEFECT IN THIS SURVEY WATMN;TMRFX -mm AFTER .YOU FIRST DISCOVER
SUCHDFPECti':W NO EINFDR MAY ANY ACTION E UPON MY DEFECT IN THIS
SURVEY BE GQNMENCED MORE THAN TEN YEARS' FRQM' THE DATE OF THE
CERTIFICATION. WHOWN HEREON.
4. TEN -FOOT ( 10' ) WIDE EASEMENTS ARE HEREBY O7 MTED ON PRIVATE
PROPERTY ADJACENT TO ALL ARAM STT1E£SS AM FRONT AND REAR PROPERTY
LINES OF EACH LOT.M THE SUBDIMS10M'ORR P41 - AREA- FIVE -FOOT ( 5'') NOE
EASEMENTS ARE NF,REBY WAN= ON PRVATE P TY AU4WXNT TO ALT. ,SIDE
LOT LMES'OF EACHC IN THE SUBDIN90N 104 YF,AT79T AREA, TIAESE EASEMENTS
ARE DEDIOAIED FOR THE BNSTALATION, MABHFMAIRE� AND REPLACFAENT OF
ELECTRIC. GAS. TELEVISION CABLE. DRAINAGE AND TELECOMMUNICATIONS FACILITIES
UTILITIES SHALL ALSO BE PERMITTED *THIN ANY ACM= CASEMENTS AND PRIVATE
STREETS IN THE SUBDINSNYN. PERMANENT STRUCBJRES ANO, WATER METERS SHALL
NOT BE PERMITTED -WITHIN 'SAO UTILITY EASEMENTS.
5. THE STORM QE7WION AREA. HERE SHOWN AS UIO -)'R .WS SHALL BE
STRMGTFO
CON AND MNNTAINED' BY THE OWNER AlAOIX, L3ERT .OWNERS, HEIRS,
SUCCESSORS AND AS5KRNS. IN THE EVENT'7HAY'$UDH CONSIRUCOON, ANO
MAINT}31ANCE` 15 NOT PERFORMED BY SAO "THE QTY OF YNEAT RIDGE SHALL
HAVE
'D1E:Alf31T TO ET4TEA -SUCH MEA'AND ORM R[CESUAY. WOW. BRIE COST
OF ANKH SAID OWNFSR. HEIRS. %=EBB= AND ASSWS YAMMES... TO PAY. NO
Ptwnamvo COMMUS ION C;RTUR;ArnN��
RE MENDED FDR APPROVAL THIS . DAY OF
2 BY THE WHEAT RIDGE PLANNING COMMISSION.
T
CHAIRPERSON
OF
ur..
= CaRmlCAnoN
APPROVED THIS � ''rr' DAY OF A 2007 BY THE WHEAT
RIDGE .•ry iu�i�
D s � o , ', VI N—C4) ,
EVELOPMENT �� a
4�
� LuiiA
COONIY Cl2Y8 AND RECORD CxNa KATE:
STATE OF COLORADO )
SS
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK
AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT
O'CLOCK M. ON THE — DAY OF 2002,
A.D., IN BOOK_ PAGE — RECEPTION NO.
JEFFERSON COUNTY CLERK AND RECORDER
BY:
DEPUTY
BUI1DW OR STRUCTURE WALL BE - COOSTR MED IN THE 'OOESP O N AREA AND NO -
CHANGES OR ALTERATIONS AFFECTION THE HYDRAUUC CHARACTERISTICS OF THE -+
DENTION. AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBUC
WORKS, CASE HISTORY WZ -99 -12
WZ -02 -02 TERRA AND LAND 5l)RVEYING
Ar 1 - 911 -
7X1 Cv.H
rbwMr. ceMde 1ouw M wt eeo-ase
ROGER P. AND EILEEN F. LOECHER
MIRAnr nu `5TH ANENT iF
EXHIBIT C
Miracle on 35th Avenue F.D.P
11/26/2002
Kotzebue Engineering
ENGINEER'S ESTIMATE OF PUBLIC IMPROVEMENTS
1, STREETS
Item
A. 5" Full -Depth Asphalt Patchback.
B. 8' Wide COWR Cross -Pan.
C Combination curb, gutter, & aft, sidewalk.
D 2' curb & gutter, no aft. sidewalk.
E. 8' wide detached sidewalk.
F Signs (Stop, No Left Turn)
G. ADA Ramps
i
44 . C ('
Prepared by David L. K tz bue, P.E.
11/2612002 12:55 PM Page I ENGRESTI.XLS
Quan '
Units
Unit Cost
Item Cost
81.7
s.y
$ 25.00
$ 2,042.50
30.0
s.y
$ 27.00
$ 810.00
76.4
s.y
$ 27.00
$ 2,062.80
3.6
s.y
$ 27.00
$ 97.20
173.3
s.y
$ 27.00
$ 4,67910
2
ea.
$ 165.00
$ 330.00
3
ea.
$ 250.00
$ 750.00
$ 10,771.60
Contingencies (25 %)
$ 2,692.90
Project Grand Total
$ 13,464.50
i
44 . C ('
Prepared by David L. K tz bue, P.E.
11/2612002 12:55 PM Page I ENGRESTI.XLS
COLORADO
BUSINESS BANK
EXHIBT D
\
IRREVOCABLE LETTER OF CREDIT
City of Wheat Ridge Letter of Credit No 121902 -1- 01102004
7500 W 29` Avenue Maturity date- January 10, 2004
Wheat Ridge, CO 80215 -6713
Gentlemen.
We hereby authorize you to draw on us for the account of Roger P & Eileen F Loecher up to an
aggregate amount of $13,646.50 available by your drafts at sight for 125 percent invoice value
accompanied by your signed statement that the above is drawn in payment of street
improvements covering 3502 Wadsworth Blvd., Wheat Ridge, CO 80033.
Each draft presented under this Letter of Credit must state that it is drawn under Letter of Credit
of Colorado Business Bank, N.A. dated December 19, 2002, 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 duly honored upon
presentation to the drawee.
Sincerely,
Richard M. Schell
Vice President
15710 W Colfax Avenue, Golden, Colorado 80401
(303) 293 -2265 Fax (303) 215 -9320