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80080938
DEVELOPMENT
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AGP-EEMENT
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THIS DEVELOPMENT AGr~E~lliNT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 4TH
day of SEPTEMBER , 1980, between the City of Wheat Ridge,
a Municipal Corporation, hereinafter referred to as City, and
Edmund Schaefer , hereinafter referred to as
O,,,ner .
WIT N E SSE T H :
1. WHEREAS, the Owner is the titled OWner of a tract of land in
the City of Wheat Ridge, County of Jefferson, State of Colorado,
described as follows:
SEE EXHIBIT A ATTACHED
3.
WHEREAS, the Owner desires to develop that tract of land as ~
described in Paragraph No.1, and in fact has not been issued . L .)
a Building Permit ~JO:f or will be issued a permit:m~~XJ~i and -( ;~j
WHEREAS, curb, gutter, sidewalk and street improvements board~ ~~~~I
ing that tract of land as described in Paragraph No. 1 and the '~
neighboring tracts of land are incomplete and belm" those .
standards as set out in the SUBDIVISION REGULATIONS of the ;If)
City; and '
2.
4.
WHEREAS, to be uniform and consistent with the existing neigh-
boring improvements and completion or non-completion of those
improvements as required by SECTION FIVE: IMPROVEMENTS of
the SUBDIVISION REGULATIONS will make no significant change
dL the present in those streets fronting that tract of land
as described in Paragraph No.1, and the neighboring tracts
of landi and
5. 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:
A. The responsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the City is hereby recognized by Owner.
B. The Director of Public Works, upon the advice and consent
of the Mayor, shall direct the Owner or his assigns and
successors to meet those requirements as set out in the
SUBDIVISION REGULATIONS of the City.
C. Upon receipt of such notice to furnish or construct the public
improvement as required under the SUBDIVISION REGULATIONS
of the City, Owner hereby agrees to construct and furnish
at Owner's cost, such improvements as are required by the
SUBDIVISION REGULATIONS of the City, and to do so in conform-
ance with the design standards of the SUBDIVISION REGULATIONS
of the City.
D. Owner agrees to construct, or cause to be constructed all
public improvements required hereby within 180 days of the
date of receipt of the notice described in the preceding
paragraph. In the event such public improvements are not
completed within such time, the City is hereby authorized to
REVISED AUGUST 12, 19RO
8008093SJ
enter upon the property described above, either by its
employee or through agents, contractors, or subcontractors,
and to complete the public improvements described herein,
said completion to be accomplished at Owner's sole expense.
Owner agrees to pay for all improvements so made within 30
days of the date of completion, Owner further agreeing that
any amount resulting from his failure to pay for any improve-
ment thus completed shall constitute a lien upon the property
above described in the amount of the public improvements
completed, less any payments made by Owner, plus interest on
the amount unpaid at 9 percent per annum from the date of
completion, plus any costs incurred by the City in collecting
same.
E. 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 for
those streets or streets fronting that tract of land as
described in Paragraph No. 1 above and the neighboring tracts
of lands, the Owner or his assigns and successors agree not
to oppose its creation, or subsequent assessment of the costs to
the property.
F. In the event an Improvement District is created by the City
to provide the improvements as provided by the SUBDIVISION
REGULATIONS, the costs assessable against the property as
described in Paragraph No. 1 shall not be disproportionate
with costs assessable to other nearby and like properties.
G. This agreement is executed by the Owner pursuant to the
SUBDIVISION REGULATIONS of the CITY OF WHEAT RIDGE.
H. Th~ parties hereto agree that this DEVELOPMENT AGREEMENT, by
its terms, shall be binding upon the City and the Owner
and upon the assigns and successors thereof; and shall consti-
tute covenants running with the described property.
I. City, in its sole discretion, may require a cash or sur
bond' the amount of $ 13,000 to be held in escrow he
City to s e completion of the public improvemen des-
cribed herein. aid cash or surety bond s~in a sum
SUfffhicienbtl.to. cover etestimat~bd dcosts .,:6- her cothnstructtionc!, ~f'"
o t e pu lC lmprovemen escrl e eln. n e even /1/-:/
the Owner fails to complete t lic improvements wi thin !lir A
the time specified in Para eof, the City may, at ~,
its sole option, compl , or cause to ~~ompleted, said )";&~'
construction and use all, or any part, o~ cash or
surety bond t ay for, or cause to be paid, all . Is and
costs in~red in completing said public improvements. ny
inte~ earned on any escrow funds shall be the sole prope -y
~he City.
J. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk
and Recorder of Jefferson County, Colorado, and shall con-
stitute a continuing covenant running with the land; provided,
however, that this DEVELOPMENT AGREEMENT shall be released by
the City upon the completion by the Owner 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.
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8008093S
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SPECIAL PROVISIONS AND AGREEMENTS:
gutter, and sidewalk is installed,
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No Certificate of Occupancy will be issued for each permit until the curb, ~'c \ )
IN WITNESS WHEREOF, the parties have set their hands and seals on
the date first shown.
RECOMMENDED BY:
APPROVED AS TO FORM:
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utXECUTED BY O\VNER:
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City Administrator
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EXECUTED BY CITY:
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Mayor, City of Wheat Ridge
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ATTESTED TO BY:
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STATE OF COLORADO
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COUNTY OF JEFFERSON
The foregoing instrument was executed before me this -J i day
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, 1980, by ~/
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My commission expires:
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My CommlS>jun v-r . '^nuary ~ _ .
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Notary pUblic
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80080938
EXHIBIT A
The North 1/2 of the West 1/2 of Tract 18, Brookside, except the
South 252,7 feet conveyed in Deed recorded in Book 1100 at Paqe 167,
January 17, 1958, and except the North 25 feet conveyed to the
County of Jefferson recorded May 8, 1956 in Book 994 at Page 11,
and the West 25 feet conveyed to the County of Jefferson recorded
October 16, 1958 in Book 1149 at Page 544, County of Jefferson,
State of Colorado,
ALSO KNOWN AS SCHAEFFER SUBDIVISION
3470, 3480 and 3490 PARFET STREET
to.
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