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HomeMy WebLinkAboutStandard Pacific, 1st Amendment0 Uf 1�1025_ RHEI4TNT1 FIRST AMENDMENT TO DEVELOPMENT COVENANT AND RESTRICTION *17his First Amendment to Development Covenant and Restriction is entered into this 19th day of February. 2014, by and between the City of Wheat Ridge. Colorado (**City*') and Standard Pacific of Colorado. Inc. (the together. the ­parties,** A. The parties entered into that certain Development Covenant and Restriction on August 12. 2013 (the ­2013 Covenant*'), which was filed for record with the Jefferson County C_ Clerk & Recorder on August 16, 2013 at Reception No. 201 101733. B. The Parties wish to amend the 201 Covenant to permit limited issuance of building permits and certificates of'occupancy for no more than seven (7) model homes, [21 2,013 Covenant Amended. The parties agree that Section 2.A of the 2013 Covenant shall be amended to read in its entirety as follows: A. Construction o f Public In (1) Except as provided in subsections (2). (3) and (4) of this Section 2.A. the Burdened Property may not be developed. no building permit for such development may be issued by the City. and no individual lot within the Burdened Property may be conveyed. unless and until all public improvements necessary to serve the Burdened Property, as further described and defined in Exhibit B ol'the 2013 Covenant (the - Public Improvements "). have been constructed and accepted by the City. (2) After installation of'- (1) an all-weather surtlace with two access points to 38"' Avenue (all- weather being road base and/or I" lift ot'pavernent as weather allows) approved in advance by the City and the Wheat Ridge Fire Protection District, and installation of all required charged fire hydrants, the Declarant may apply for and obtain building permits to begin construction on up to seven (7) homes. Said homes shall not be conveyed nor contractually offered flor sale prior to Certificates ol'Occupancy being issued, (3) No Certificates of Occupancy may be issued for the homes pennitted to be constructed pursuant to subsection (2) of this section 2.A unless and until such time as all of the public improvements listed on Exhibit B, are complete to the satistaction of the City and the Westridge Sanitation Distriction, including the submittal of approved as-built drawing per City Code, (4) In reliance upon the terms of' the Westridge Sanitation District letter • December 16, 2013 (copy attached and incorporated herein as Exhibit A-I) Certificates • Occupancy may be granted for the home noted at subsection (2) of this Section 2.A, as follows: (a) no more than four (4) Certificates • Occupancy may be granted for limited use model homes and (b) no more than three (3) additional Certificates of Occupancy may be granted for occupied single family homes prior to Westridge Sanitation District's acceptance of the required off site sanitary sewer system capacity increase. - Limited use" shall not include granting of certificates of occupancy to be occupied as traditional single family homes. In no event may more than than seven (7) Certificates of Occupancy be granted prior to completion of all Public Improvernents and their acceptance to the satisfaction of the City. all in compliance Nvith the terms of this Development Covenant and Restriction. Recordine. This First Amendment to Declaration of Covenant and Restriction shall be recorded in the real estate records of Jefferson Count) and shall be a covenant running Nvitil the Burdened Property in order to put prospective purchasers or other interested parties oil notice as to the terms and provisions hereof, 3. Except as provided herein. the 2013 Covenant shall continue in full force and effect. IN WITNESS WHERE'OF. the City and Declarant have each caused this First Amendment to Development Covenant and Restriction to be signed by their duly authorized agents as of the day and year first above set forth. STATE CAF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this t44 i1, 1 , day of 2014, by (S 1s A 1) CITY OF WHEAT RIDGE, COLORADO MEMO EXHIBIT A-1 Westridge Sanitation District letter of December 16, 2013 lattached) FROM :UESTRIBCE SANITATION FAX NO, :303 424 2628 Dec, 16 2013 09:57Am Pi 3 �05 Kipting Street - Suite 101 705 Kipting Street - Suite 101 Wheat Ridge, Colorado 80033 '0 • ' Phone (303) 424�-9467 6 Fax (303) 424-2628 Ms. Cindy Myers Standard Pacific ♦ Colorado, Inc. �.-,4X # 949-789-3441 AMMME&EM If you have any questions, you may contact me at the telephone number above. Thank you, Sincerely,