HomeMy WebLinkAboutBranislav Rataj & Jana Jutkova2010007792 0112612010 11:42:09 9M._
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Electronically Recorded Jefferson Conry CO
Pam Anderson. Clerk and Recorder TD1000 N
DEVELOPMENT COVENANT
THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of
the City of Wheat Ridge, is entered into this L day of November, 2009 between the City
of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Branislav Rataj
and Jana Hutkova, hereinafter referred to as Owner, and concerns property located at , Wheat
Ridge, Colorado.
WITNESSETH:
WHEREAS, Owner is the titled Owner of a tract of land in the City of Wheal Ridge, County of
Jefferson, State of Colorado, more fully described as Lot 51 of Sun Valley Subdivision, 4525
Garland Street , City of Wheat Ridge, County of Jefferson, State of Colorado, which
property Is hereinafter referred to as the "Property and
WHEREAS, Owner is in the process of constructing a new residence and associated
improvements and is desirous of obtaining a building permit; and
WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and
neighboring tracts of land are incomplete and/or below those standards as set forth in the
SUBDIVISION REGULATIONS of the City; and
WHEREAS, to be uniform and consistent with the existing neighboring improvements, the
completion or non - completion of those improvements as required by ARTICLE FOUR,
SECTION TWENTY -SIX: REQUIRED SUBDIVISION IMPROVEMENTS of the Subdivision
Regulations will make no significant change at the present in those streets fronting the
Property and the neighboring tracts of land; and
WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION
REGULATIONS of the City, this Agreement is hereby determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for providing improvements along the street frontage of the Property,
as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by
the Owner.
2. The Owner has caused certain improvements to be constructed on the Property and
associated on -site improvements.
3. The existing improvement of property frontage along is below those standards as set
forth in the SUBDIVISION REGULATIONS of the City, and the completion of those
improvements as required by ARTICLE FOUR, SECTION TWENTY -SIX: REQUIRED
SUBDIVISION IMPROVEMENTS of the Subdivision Regulations will make no
significant change at the present in those streets fronting the property.
4. In accordance with Section 26 -413 of the Code of Laws of the City of Wheat Ridge,
Colorado, subsection C, the Department of Public works has determined that public
improvements along need not be immediately constructed and that execution of this
Development Covenant is appropriate. The Owner agrees to participate in engineering
and construction costs for the property's frontage along when the street is brought in
accordance with City street standards, or as directed by the Director of Public Works.
The engineering and construction costs will be limited to those reasonable and
necessary to construct to current local street standards, including earthwork, one half
street width paving, curb, gutter and walk, and miscellaneous and incidental items.
5. The Director of Public Works shall give written notice and an estimate of costs to the
Owner 30 days prior to advertisement of any major improvements to which would affect
the Property and will submit to the Owner a detailed cost breakdown and billing after
Award of the construction contract by City Council. The detailed cost estimate will
include the Owner's portion of the cost Of curb, gutter and sidewalk and associated
(10 year) DEVELOPMENT COVENANT 05101 PUBLIC WORKS PAGE
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DEVELOPMENT COVENANT
THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of
the City of Wheat Ridge, is entered into this L day of November, 2009 between the City
of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Branislav Rataj
and Jana Hutkova, hereinafter referred to as Owner, and concerns property located at , Wheat
Ridge, Colorado.
WITNESSETH:
WHEREAS, Owner is the titled Owner of a tract of land in the City of Wheat Ridge, County of
Jefferson, State of Colorado, more fully described as Lot 51 of Sun Valley Subdivision, 4525
Garland Street , City of Wheat Ridge, County of Jefferson, State of Colorado, which
property is hereinafter referred to as the "Property" and
WHEREAS, Owner is in the process of constructing a new residence and associated
improvements and is desirous of obtaining a building permit; and
WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and
neighboring tracts of land are incomplete and /or below those standards as set forth in the
SUBDIVISION REGULATIONS of the City; and
WHEREAS, to be uniform and consistent with the existing neighboring improvements, the
completion or non- completion of those improvements as required by ARTICLE FOUR,
SECTION TWENTY -SIX: REQUIRED SUBDIVISION IMPROVEMENTS of the Subdivision
Regulations will make no significant change at the present in those streets fronting the
Property and the neighboring tracts of land; and
WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION
REGULATIONS of the City, this Agreement is hereby determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for providing improvements along the street frontage of the Property,
as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by
the Owner.
2. The Owner has caused certain improvements to be constructed on the Property and
associated on -site improvements.
3. The existing improvement of property frontage along is below those standards as set
forth in the SUBDIVISION REGULATIONS of the City, and the completion of those
improvements as required by ARTICLE FOUR, SECTION TWENTY -SIX: REQUIRED
SUBDIVISION IMPROVEMENTS of the Subdivision Regulations will make no
significant change at the present in those streets fronting the property.
4. In accordance with Section 26413 of the Code of Laws of the City of Wheat Ridge,
Colorado, subsection C. the Department of Public works has determined that public
improvements along need not be immediately constructed and that execution of this
Development Covenant is appropriate. The Owner agrees to participate in engineering
and construction costs for the property's frontage along when the street is brought in
accordance with City street standards, or as directed by the Director of Public Works.
The engineering and construction costs will be limited to those reasonable and
necessary to construct to current local street standards, including earthwork, one half
street width paving, curb, gutter and walk, and miscellaneous and incidental items.
5. The Director of Public Works shall give written notice and an estimate of costs to the
Owner 30 days prior to advertisement of any major improvements to which would affect
the Property and will submit to the Owner a detailed cost breakdown and billing after
Award of the construction contract by City Council. The detailed cost estimate will
include the Owner's portion of the cost of curb, gutter and sidewalk and associated
(10 year) DEVELOPMENT COVENANT 05101 PUBLIOWORKS PAGE
DEVELOPMENT COVENANT
pavement improvements and other items listed in Paragraph 4.
6. Upon receipt of the detailed cost estimate or billing, the Owner hereby agrees to pay to
the City, within 45 days, the full amount of the detailed cost estimate or billing. The
Owner also agrees to pay to the City any extra costs associated with the Public
Improvements to the Property due to variations in estimated contract quantities or as a
result of change orders within 30 days of written request for payment by the City. The
City will pay to the Owner any overcharges paid to the City by the Owner within 45 days
after final acceptance of the Public Improvements.
T Owner agrees to pay for all public improvements or billings within 45 days of written
notice; Owner further agreeing that any amount resulting from his failure to pay for any
improvement or billing this improvement completed shall constitute a lien upon the
property above described in the actual amount of the public improvements or billing
completed, less any payments made by Owner, plus interest on the amount unpaid at
10 percent (10 %) per annum from the date of final acceptance or billing, plus any costs
incurred by the City in collecting same, including court costs and attorney's fees.
8. In the event an Improvement District or a Special Improvement District is created by the
City to improve or provide those requirements as set out in the SUBDIVISION
REGULATIONS as they exist at the date of execution of this Covenant, for curb, gutter,
sidewalk related street and drainage improvements, solely relating to those streets
fronting on the property and neighboring tracts of land, the Owner or his assigns and
successors agree not to oppose its creation, or subsequent reasonable assessment of
the costs to the property.
9. In the event an Improvement District is created by the City to provide the improvements
as provided by the SUBDIVISION REGULATIONS, the costs assessed against the
property shall not be disproportionate with costs assessed to other nearby and like
properties.
10. This COVENANT is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the City of Wheat Ridge.
11. The City, in its sole discretion, requires a cash bond of four thousand two hundred
eighty -five dollars and thirty -three cents ($4,285.33) to be held in escrow by the City to
secure completion or the public improvements described herein. Such cash bond shall
be in the sum sufficient to cover the estimated costs of the construction of the public
Improvements described herein. Any interest earned on any escrow funds shall be the
sole property of the City,
12. The DEVELOPMENT COVENANT shall be recorded with the Clerk and Recorder of
Jefferson County, Colorado, and constitute a continuing covenant running with the land,
providing however, that this DEVELOPMENT COVENANT shall be released by the City
upon the completion of the public improvements and complete and satisfactory payment
by the Owner of all costs and fees associated therewith of the public improvements
described herein, which release shall be evidenced by a signed document attested to by
the City Clerk and bearing the City's seal, which document shall likewise be recorded.
n0 year) DEVELOPMENT COVENANT 05101 PUBLIC WORKS PAGE 2
DEVELOPMENT COVENANT
SPECIAL PROVISIONS AND AGREEMENT
The Parties hereto agree that this DEVELOPMENT COVENANT, by its terms, shall be
binding upon the City and the Owner and upon the assigns and successors thereof, and
shall constitute covenants running with the property for a period of ten (10) years from
the date of execution by the Owner.
IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown.
EXECUT�BY.
Director oYP blicWorks
/ °ATTES«!t -, �
City Clerk
SEAL
EXECUTED BY OWNERS:
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Branislav Ratal
STATE OF COLORADO )
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County of Jefferson )
'XJACTE�
Jana Hutkova
The foregoing instrument was acknowledged before me this ��ay of sn
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SEAL �?
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Witness my hand and official seal.
My commission expires: 201Q.
Notary Public c A �
)10 year) DEVELOPMENT COVENANT 05101 PUBLIC WORKS PAGE