Loading...
HomeMy WebLinkAbout38th & Sheridan and Dillon CompaniesRECEPTION NO. F00603BB 75.00 PG: 0001-015 743 RECORDED IN JEFFERSON COUNTY, COLORADO 5/25/95 14:00 DEVELOPMENT AGREEMENT WHEREAS, King Soopers is the anchor tenant of the Shoppin Center; and WHEREAS, King Soopers desires to expand its current facilit • approximately 17,500 square feet; and I WHEREAS, the expansion of the King Soopers facility will result in increased tax revenues for the City and projectel additional traffic • 38th and Sheridan; and WHEREAS, the parties have agreed that the Redevelopment Are] shall be developed and utilized in accordance with the ter of this Agreement and that all future owners of the Propert shall be bound thereby; and 0 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 0 0 E . ArgA. On • before August 1, 1995 pave, with asphalt, the remaining portion of the Redevelopment Area, stripe same for parking and install appropriate lighting commensurate with existing lighting on the Property. N 7. QrQuad Lgaze. The City agrees to lease the parking spaces located within the Redevelopment Area to Owner, its successors and assigns, for a term equal to the King Soopers Lease and any additional option periods, commencing • the date such improvements to the Redevelopment Area have been 9 0 10 . LazdaQapiz • . The City agrees to install landscaping, in appropriate locations of the redevelopment area. Owner shall annually during the period • the Ground Lease, reimburse the City for the City's cost to maintain such landscaping. 11. UtIlitiegi. To the extent that any existing utes must be relocated as a result of the reconfiguration of the rights-of-way or the Redevelopment Area, the City agrees to complete such relocations at its sole cost and expense. 13. lerMination Qf I nanCiea. Owner and King Soopers acknowledge and agree that City shall have no responsibility to participate in any required payments to tenants of the Shopping Center for termination of leases or relocation costs resulting from King Sooper's expansion. 16. ZMencim!ant ar. JVrm iQ11 Qt this LaZ:eement. Other than as provided at Paragraph 14, and subject to Subparagraph 19(m), hereof this Agreement may be amended or terminated only by an instrument in writing signed by all Parties hereto or their duly authorized successors or assigns. 9 20. NQticea. All notices hereunder shall be given to the following by hand delivery • by certified mail, return receipt requested: CITY: Mayor of the City of Wheat Ridge 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034 Copy to: The Wheat Ridge City Administrator 7500 West 29th Avenue 0 Robert E. Perry an 38th & Sheridan Lt 6500 S. Queec, #30# Englewood, CO 801,11 b him Jeffrey W. Bailey Partnership bb & Silverman, KING SOOPERS: Robert Let her Director of Store Services 65 Tejon Street Denver, CO 80223 Russ Dispense Vice President of Real Estate 65 Tejon Street Denver, CO 80223 Copy to: James J. Soran, III, Esq. Montgomery Little & McGrew, P.C. 5445 DTC Parkway, Suite 800 Englewood, CO 80111 W 21. 5LAadd9d CQatrzaQt ErQyjjJQIaZ. The following standar contract provisions shall apply to this Agreement: I Authgrity Qf City. This Agreement is expressly subject to and shall not be or become effective or binding on the City until approved by the Wheat Ridge City Council and fully executed by all signatories of the City of Wheat Ridge. I e. Time Qf the E,5zence. Except as provided under the section of this Agreement entitled "Force Majeure" time shall • • the essence with respect to performance required under this Agreement. 9 RgCitalZ aLd EXbibitg InCQrj2OLated. All recitals and exhibits to this Agreement are incorporated herein and made a part hereof. AZZignmeat. This agreement shall inure to the benefit of and shall bind the successors and assigns of the Parties. M =PliallaCP lditlh L=IdMerlt QLQ. It is the intention of the Parties • comply with the provisions of Article X, Section 20 of the Colorado Constitution, "Amendment one" as adopted by the voters on November 3, 1992. To that end, all obligations of the City herein are specifically understood and agreed by the Parties to be subject to annual appropriation. This Agreement does not create any multi year fiscal obligation of the city. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. CITY: ATTEST: CITY OF WHEAT RIDGE y: < By: Wanda Sang tity Clerk Dan Wilde, Mayor 41 ; 111 By: By: Gerald Dahl, City Attorney Robert Middaugh,/City Adm*nistrator By: Robert Goebel Aanager of Public Works /C . 10 KilIMN 38TH & SHERIDAN LTD. PARTNERSHIP, A Colorado Limited Partnership Dillon Companies, Inc. a Kansas Corporation dba King Soopers, Inc. Its: M pl y VIAbIMML Mm ft (Store #57) THIS THIRD AMENDMENT TO LEASE, made and entered into this day of _MW " 1995, is by and between 38th & Sheridan, Ltd. P4rtnership (hereinafter referred to as "Lessor") and Dillon Companies, Inc., a Kansas corporation (hereinafter referred to as "Lessee"). B. The original lease and the First Amendment and Second Amendment are collectively the "Lease". Waammm 2. Lggg• i Oblisatig . Lessee's exercise • its option to Lj �,,pxpandjs conditioned upon Lessor completing the following i l IV 0 el a) Lessor shall no later than June 1, 1995 provide Lessee with written commitments from existing tenants to vacate the "Improved" 8,250 square feet of Expansion Area as designated in Paragraph 8 of the Second Amendment; (c) Lessor shall no later than August 21, 1995 deliver possession of the "Improved" 8,250 square feet of Expansion Area as designated in Paragraph 8 of the Second Amendment; I A 0 l4 IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Lease as of the day and year first written above. 38TH SHE LTD. PARTNERSHIP BY: =- Managing Partner Is DILLON COMPANIES, INC., a Kansa corporation 11 By: Title: War ,p in F. Bryant, Sr. Vice President \di11on\d5786.838\th2rd.new (03/31/95, t1j, jw) 0 r l x 2 OW ONSHUXAM, WN � WAS/ WORM/I I` t 1 L!J! f� $��� � | 3SV31 01 1N3WaN3WV G'dlHl 01 ,V,, JI2IHX3 qM I \ \ �������������� L!J! f� $��� � | 3SV31 01 1N3WaN3WV G'dlHl 01 ,V,, JI2IHX3 qM I