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THIS AGREEMENT made this 22 Ild of February, 2012, by and between
the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation
(the "City"), and METRO COMMUNITY PROVIDER NETWORK, INC. (the
"Developer'), together referred to as the "Parties".
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The Developer is the owner • 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 MCPN WHEAT RIDGE.
On December 19, 2011, the City of Wheat Ridge, after holding all required
public hearings, approved the Final Plat for the Property titled
MCPN WHEAT RIDGE. A copy of the Final Plat is attached hereto as Exhibit B
anR incorporated herein.
NOW, therefore, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which are mutually acknowledge
the parties hereto agree as follows:
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Jefferson County, Color do
and builders; and to protect the citizens • the City from hardship and undue risk.
These remedies include, but are not limited to:
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. The Developer
may cure the breach described in the notice.
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 to 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
• 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 statj
(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.
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 **r"g,
subject to the final decision of the Director.
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 the property of the
City following acceptance by the City, as provided above.
whereby it is executed, • concerning the power of the City to impose conditions
on the Developer as set forth herein, and concerning the procedure, substance,
and form • the ordinances or resolutions adopting this Agreement.
14. Third Party Beneficiaries. There are and shall be no third pars
teneficiaries to this Agreement.
16. Release of Liabilit
y. 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
lMws of the State of Colorado.
17. Caotions. The captions to this Agreement are inserted only for the
purpose • convenient reference and in no way define, limit, or prescribe the
scope or intent of this Agreement or any part thereof.
I& 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.
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. Attornevs Fees. Should this Agreement become the subject •
litigation to resolve a claim of default of performance or payment by the
Veveloper and a court of competent jurisdiction finds in favor of the City, the
leveloper shall pay the City's attorney's fees and court costs.
Notice to Developer: Notice to City
Metro Community Provider Network, Inc. Director • Public Works
3701 South Broadway 7500 West 29 Avenue
Englewood, CO 80113 Wheat Ridge, CO 80033
25 Assignment or Assignments. There shall be no transfer or
assignment of any • the rights • obligations • the Developer under this
Agreement without the prior written approval of the City.
26. 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 purchasers or other interested parties on
notice as to the terms and provisions hereof,
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WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
CITY OF WHEA RIDGE, COLORADO
By:
Je Mayor
ATTESTn
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By:
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ba`v'tTS�Myiers,
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The foregoing instrument was acknowledged before me this 22 d day of
.-ebruary, 2012, by David S. Myers, as CEO of Metro Community Provider
Network, Inc.
MEMM
Notary Public
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CONTAINING A CALCULATED AREA OF 200,403 SQUARE FEET OR 4.601 ACREJ
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8:33 AM 12/1612011