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SUPPLEMENTAL DEVELOPMENT AGREEMENT
THIS SUPPLEMENTAL DEVELOPMENT AGREEMENT made and executed
this ;X0J1tl day of
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, 1980, by and between DAVID
R. DiGIACOMO and JEANETTE K. DiGIACOMO (hereinafter jointly and
severally referred to as parties of the first part) and The City
of Wheat Ridge, Colorado, a municipal corporation, (hereinafter
referred to as the City).
WHEREAS, the City and R. H. Jacobson, Trustee, a predecessor
in title of parties of the first part, did on March 25, 1976,
enter into a certain Development Agreement for the purpose of
securlng the City in the assurance that certain public improvements
would be made in a timely fashion;
WHEREAS, parties of the first part, as subsequent purchasers
of the property at Lot 6, Applewood Knolls, 12th Filing, and the
City wish to enter into this Agreement to provide for the com-
pletion by parties of the first part of curb and gutter installa-
tion;
NOW, THEREFORE, the parties, for themselves, their heirs,
successors and assigns do hereby covenant, warrant and agree as
follows:
1. Parties of the first part agree to install 750 feet of
curb and gutter along and adjacent to the real property above
described on or before the following dates:
A. One hundred (100) feet (beginning at the southeast
corner of said property and commencing toward the northeast
corner of said property) shall be installed on or before
October 1, 1981;
B. An additional one hundred (100) feet shall be
completed each year, on or before October 1 of each such
year, until completion at a date no later than October 1,
1988.
2. All such curb and gutter to be installed shall be installed
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to the satisfaction of the City's Engineering Department, and shall
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be installed at the sole expense of parties of the first part.
3. In the event parties of the first part fail to comply with
the schedule, or any part thereof, set forth in paragraph 1 hereof,
the City shall be entitled to complete the improvements called
for, either in whole or in part, and shall be entitled to be
reimbursed in full for any work so commenced and completed. The
parties of the first part agree to pay such costs promptly, and
further agree that any costs not so paid when due shall become a
lien on the property herein described.
4. This Agreement shall be a continuing Agreement and shall
bind parties of the first part, together with their heirs, or any
subsequent purchasers or other owners of the property. The parties
agree further that this document shall be recorded against the
property herein described and shall be a covenant running with
the land for so long as, and only so long as, any obligation to
install the curb and gutter described herein remains existing upon
parties of the first part.
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DAVID R. DiGIACOMO~
APPROVED BY:
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THE CITY OF WHEAT RIDGE,
a municipal corporation
APPR~. ED AS YO FO~1:
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Clty Attorney
By
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Mayor
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ATTEST:
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Clty er /,r-
OEVELOP~1ENT AGREH1ENT I'JITH P. H. JI'.C0I3S0~1 REFERRED TO HI THE BODY OF THIS
PGREEMENT WAS RECOROED--NU~BERS 776854 2837 549
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