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HomeMy WebLinkAboutCraft Subdivision!IIIIIIdIIIIIIIIRIIIIIIIIIIIIIIIIIII � �'2022040013 04/27/2022 02:43:23 PM 7 Page(s) JEFFERSON COUNTY, Colorado DEVELOPMENT COVENANT AGREEMENT THIS DEVELOPMENT COVENANT AGREEMENT is made as of the t5"- day ofAlt 2022 by and between the CITY OF WHEATRIDGE, COLORADO, rule municipal corporation (the City„ ), and David Craft, (the "Applicant'), together referred to as the "Parties". RECITALS: A. The Applicant 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"). B. The City of Wheat Ridge has administratively approved the Final Plat for the Property titled Craft Subdivision. A copy is attached hereto as Exhibit B, and incorporated herein. C. The Applicant may not in the future be involved with development of the Property, and in that event should not be responsible for the final design and installation of public improvements for the Property as required by the Article IV of Chapter 26 of the Code of Laws. These public improvements are subject to review and approval of civil construction plans by the City, herein referred to as the "Final Plans." D. The Parties understand and agree that the intent of this Agreement is to establish the obligations and expectations for future development of the Property in accordance with the Final Plans. AGREEMENT NOW, therefore, in consideration of the mutual promises, covenants and agreements of the Parties, the approval of the Final Plans by the City, the dedication of certain land and/or easements to the City and other good and valuable consideration, the receipt and sufficiency which is acknowledged and confessed, the Parties hereto agree as follows: 1. Compliance with Final Plan: The entity which develops the Property ("Developer") consistent with the Final Plans, whether the Applicant or a successor or assign of the Applicant, shall be required to comply with all applicable sections of Chapter 26, Articles II and IV of the Wheat Ridge Code of Laws. The Developer shall also furnish all financial guarantees required for development of the Property by the Community Development Director. 2. Binding Effect', Term: The terms of this Agreement shall be a covenant running with the Property and shall remain in full force and shall bind the Property and the successor and assigns of the Parties until such time as the Developer executes a Subdivision Improvement Agreement or Public Improvement Agreement, whichever is applicable, (herein referred to as "Future Agreement") in preparation for development of the Property. The executed Future Agreement shall replace this Agreement in its entirety and shall bind the Developer to complete all required on- and off-site public improvements as shown on the Final Plans as approved by the Community Development Director. Once a Future Agreement has a been approved by the City and recorded with the Jefferson County Clerk and Recorder, this Agreement shall be considered thereby released and terminated. 3. Sale of Property: No sale of individual lots or any collection of individual lots which do not equal the entirety of the Property as described in Exhibit A may occur until such time as a Future Agreement has been executed. This paragraph shall not prevent the Applicant or a Developer from conveying or selling the entirety of the Property to a third party. 4. Issuance of Building Permits: The City shall not issue any building permit for any individual lot within the Property until an approved Future Agreement has been executed by the City and the then -owner of the Property. Building permits for individual lots may be issue terms listed in the Future Agreement. 5. Fees Associated with Development of Pro e . All building permit fees, park land dedication fees, review fees and security for construction of on- and off- site public improvements shall be paid by the Applicant, or in the event the Property is conveyed, by the Developer who executes the Future Agreement. The Applicant shall not be responsible for the payment of such fees unless the Applicant executes the Future Agreement as the Property Developer. A park land dedication fee of $2,497.29 shall be paid by the Developer at time of the building permit application for Lot 2. 6. improvements to Property No site work shall be performed on the Property until a signed Future Agreement has been executed and the proper permits for the same have been issued by the City. For the purposes of this paragraph, "site work" is defined as any grading, clearing, excavating or depositing of materials in conjunction with site development consistent with the approved Final Plans. Nothing in this paragraph shall prevent the demolition of any existing structures or the general maintenance of the Property, provided proper permits are issued by the City. 7. Recording: This Agreement shall be filed for record with the Jefferson County Clerk and Recorder, the fees for which shall be paid by the Applicant. -2- CITY OF WHEAT RIDGE, COLORADO m ATTEST: 9—�' Stephen Kirkpatrick, City Clerk G) JdIA, 3 Bud Starker, Mayor -3- APPLICANT By: Name: 4v(4 /tc� e2 T Title: �� xi— STATE OF COLORADO ) _ ) SS. COUNTY The foregoing instrument was acknowledged before me this 15 day of A �r: I , 20AX , by � 1'\ C rZ+ , as (� I..) r\ -er of ten-. Witness my hand and official seal. My commission expires: s Zia TAMARA D ODEAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164015481 MY COMMISSION EXPIRES APRIL 22, 2024 (SEAL) Notary Public -4- EXHIBIT A Legal Description of the Property Lots 1 and 2, Craft Subdivision, City of Wheat Ridge, County of Jefferson, State S of Colorado. -5- EXHIBIT B Final Plat Em va O 0 O J O U LL O W Cf) Z O CO W' W LL LL W 3 LL O D O U W N w 0 O Z .I- 0 O F— a. 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