HomeMy WebLinkAboutIncarnation CSC II LLCDEMME 2NMES11711
NOW, therefore, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which are mutually acknowledged,
the parties hereto agree as follows:
3. Title Policv. If applicable, title commitment for the Property shall
, *rovided to the City. The title commitment shall show that all property to be
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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:
(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
• occupancy.
The Director is designated by the City to exercise authority • its behalf
1114NIUM116111 to 11 .0.
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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 • 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 •
manufacture of the materials to be used. The Inspector will have authority to
reject defective materials and to suspend any work that is being done improperly,
subject to the final decision • the Director.
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10, Im r• vements to be the Prooertv of the
- ------ 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.
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The Developer shall pay all property taxes on the Property dedicated to
the City, if any, and shall indemnify and hold harmless the City for any property
tax liability.
13, Waiver Defects, In executing this Agreement, the Developer
waives all objections it may have concerning defects, if any, in the formalities
whereby it is executed, or concerning the power of the City to impose conditions
on the Developer as set forth herein, and concerning the procedure, substance,
and form of the ordinances or resolutions adopting this Agreement.
14. Third o Party iciaries. There are and shall be n third pa
_Penef
N eneficiaries to this Agreement.
16. Release of Liability. 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
laws of the State of Colorado.
17 Captions. The captions to this Agreement are inserted only for the
purpose of convenient reference and in no way define, limit, or prescribe the
scope • intent of this Agreement • any part thereof.
18. i # # 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.
19. No Waiver. fto waiver of any • the provisions of this Agre
emen
shall be deemed or constitute a waiver of any other provisions herein, nor shal
such waiver constitute a continuing waiver unless otherwise expressly provide
nor shall the waiver of any default hereunder be deemed a waiver of any
subsequent default hereunder. I
20. Invalid Provision. If any provision of this Agreement shall be
determined to be void by any court of competent jurisdiction, then such
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25. Assignment or Ass nts. There shall be n o transfer or
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assignment of any of the rights or obligations of the Developer under this
Agreement without the prior written approval of the City.
26. Recordiggiopf Agreement. This Agreement shall be recorded in the
real estate record`sof 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.
27. Title Authority. The Developer, Urban Green Development
----------- -------- - ---
LLC, expressly warrants and represents to the City that it is the record owner of
the property constituting the Property and further represents and warrants,
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Agreement. The Developer and the undersigned individual(s) unde tand
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the City is relying on such representations and warranties in entering into thi
Agreement.
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
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'Pie Shaver, City Clerk
,�anelle �Sf —
DEVELOPER
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