HomeMy WebLinkAbout0103
"-
4,t
8100~!777
\~C\ I':'" ';
J\J v ,Ii '- '-
,
~OUi\'~) <;
DEVELOPMENT AGREEME&~or:;ej i~
1-'-1
THIS DEVELOPMENT AGREE~lliNT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 28th
day of ~oveQber , 1980, between the City of Wheat Ridge,
a Municipal Corporation, hereinafter referred to as City, and
pm1PS, l:lC, ' hereinafter referred to as
Owner.
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
2. WHEREAS, the Owner desires to develop that tract of land as
described in Paragraph No.1, and in fact has not been issued
a Building Permit as of November 28. 1980 to do SOi and
3. WHEREAS, curb, gutter, sidewalk and street improvements board-
ing that tract of land as described in Paragraph No. 1 and the
neighboring tracts of land are incomplete and below those
standards as set out in the SUBDIVISION REGULATIONS of the
CitYi and
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
~t the present in those streets fronting that tract of land
a5 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 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, 1980
81005277
.2..
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. I 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. I 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. The 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 thereofi and shall consti-
tute covenants running with the described property.
I. The City, in its sole discretion, may require a cash or surety
bond in the amount of $ :::SC-'l ("'(',y;"::'to be held in escrow by the
City to secure completion of the public improvements des-
cribed herein. Said cash or surety bond shall be in a sum
sufficient to cover the estimated costs of the construction
of the public improvements described herein. In the event
the Owner fails to complete the public improvements within
the time specified in Paragraph D hereof, the City may, at
its sole option, complete, or cause to be completed, said
construction and to use all, or any part, of the cash or
surety bond to pay for, or cause to be paid, all bills and
costs incurred in completing said public improvements. Any
interest earned on any escrow funds shall be the sole property
of the 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 Jandi 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.
- 2 -
81005277
3
SPECIAL PROVISIONS AND AGREEMENTS:
Curbs, ~utters, sideHalks and street imnrovements to be install ed on ~,) 44th
Avenue and on ?ierson Street,
IN WITNESS WHEREOF, the parties have set their hands and seals on
the date first shown.
RECOMMENDED BY:
--~-~-- '
APPROVED
)
(-
~/ , J-
I '-j{ I L/(h ) iJ/-.-/
City Administrator
i,
( // -~
I , (
,
._~.
C1ty A torney
EXECUTED BY OWNER:
EXECUTED BY CITY:
/ '"-'--
/
--
A
~l....
, , ? "iL1.t, !C.O--
Mayor, City of Wheat Ridge
~.
..
" '
. ,
-...... ~.
ATTESTED TO BY:
I'
~_/
~;i'//~
City Clerk
"
. '
.' ,
.'
. ..... .,. .-
,--' ~/
. 5' /; /.'?Y'
~ -;/
7
I // / /.1 /
'''rtll
STATE OF COLORADO
ss,
COUNTY OF JEFFERSON
The foregoing
[2- (' c //;' 6'C' /'
instrument was executed before me this
<' V-
, 19 80, by -~7e 1/'.: ,/: ( p 7': /1/
<10
/
day
of
My commission expires:
f,lI, r-.....,,.,...,'.'''r'"!~ r-"...;',......,. 1...,...,......." ~ 1nn~
-,
1;;" 1'-z-t,'>7'-L~' (I ~L/ ~~+-~
NotaI'-Y Public ,./.
11 ~. I'
- 3 -
81005277
EXHIBIT "A"
That part of the SE '" NW '4 of Section 21, Tmmship 3 South, Range 69 West
of the 6th P.M., described as follows:
Beginning at a point on the South boundary line of West 44th Avenue
which point is 755 feet West and 587 feet North of the Southeast corner
of the I~W \ of said Section 21;
thence East along the South bounJary line of \Vest 44th Avenue, a
distance of 100 feet;
thence South, at right angles, a distance of 217.8 feet;
thence Hes t, parallel Ivi th the South boundary line of Wes t 44 th Avenue,
a distance of 100 feet;
thence North at right angles, a distance of 217,8 feet to the Point
of Beginning,
County of Jefferson,
State of Colorado,
..
, ~:..~
~~! J '
1
-
i
'"
~ SJ9t)SI:> "
., .,
-
-- ~~ , " '~39,~o6
^ =.
'" ~ ..,
~ tn.;. Ilrrd, Il-th 01
." ~ \1..<1t It". dlY
"'
" .. ... ': t.'.I....~..n
, <> ~ .1A.':I:-> ili-.Il.:.r l ;'~T,\.;Y,
~
\l
_ .. --;~.t ~:::~.:-:___~
"'~QRDKR'I STAMP
:).__~ l~ n
:lS40 '722
1:
"-
.. ,nff)('lf.ti..,n duly "'W1lfI17td and U,illr>W undtt and 10)' "11111<:' ol II... I.......
C;:l 01 tilt Stl!t oJ 1(l10radf' ,,/ lh.. fir>>l pw1. An,(
;c PL-:J'~, -; ,,~ . :\ Cl'lorat(l corpor,J,t ion
,..
t' CorpoAhOQ 4~,)rK~~I'~~d .nd Ul~lml undl:r ano bl vl1tlH! of II",: 1&","
to "' t.ln~ .talt' at viLlar HOOed p"':
WITPI"'&lH. That thr 1'Ud p.&rtJ of llal: lir.t part, fllf' &rid in coo~idtlali~ of 1Ja.. .urn rot
THIRTY THULSAND AXD WI/101J ----------------.. ~__h_________n___ -----iK)U .\i{::-.
tv ",r ....4 pul}' ,1I tIM fiul p&tt i.rt hand fWlid hy .1_ ~~ p~tl)' () the toUond pout, thr rtenpt Whtr('Of i. ht,,'bl
oonf-.rd and .clo:...owl~d, htu. JTIIUl:d. D&r..iMG, aoId .".1 {,OIlI'!') f'4. and b, lh~ Jltt~tnt. doe. ...ant, bUl(.I;n
~li. l,:on~ .nll eUl'Ifinn. llntu tht' a-.id party (OJ lhf' H'C'll/)d put. ,II ltecrUG,.. &lid "&Ii..,,, forf~tr, .It lht' fol~,,,\'.nj(
11r'~cr;1wd l;)r pt.r(r'! "I land, ~ltual" Iyin<< ;.nd :~U\I ", ':1" {'~17 04 Ie f r ( r",1n
~nd Srau ..I CoI,or..do. to'_/I
"
, t
=
.:. \I _ 1
;1)_ ..
o
..,
St:-(, at:uc ,~ c~'.d
rhiit !'.ll't >l tilt, SI''''f>''\..'' ,,f S~.('th'n "'1, ! '\. l'H1i' i S.olh, l{.lIq,~,. \,',1
Wt'st ,)f lh" j,t ~I r'..'1 . dCbcrib~~J .IS 1,,1 I""...,
I'".;.:illnllil' ;.t.1 nt ('11 til.... Sl'ulh !','lll:d ,1", ' i "
....hi.')l I" illt i~ ,', f('ct "''l'st and 51')7 I.'('t "r~h ,.) till :-;"\Itlo",Jo,l
(l f the ':\" t .,f IdS,., t i,ln 21;
till'nCt: !:;l.',{ ,11(\11;' UlL' Suuth boundary line \ I l""~,,t <.,..tll ,,!,'I'flUl', .J
di ~t.1nr,' <If lllll f ,'pt;
tll(!nCC ;;uuth, .1 right .1T,,;ll'~. ,'l d:i<;t;IIHt' J'
tllcnel' I,,'st, p:lr,llll'l ...ith the Suuth.lll'\lfld IV lJ
I clht..U1u' of Ion fl.t>-t;
thencl' north at right angles,;) di~t;)l'l"" "I ~l. )'o..:t, td LJ,L' I'
of lil'ginning,
"t -,..tl,
(,c1rnL'l
I '", "t 1,1., th "VL'I1U\
int
(:,luntl,. "f Jefferson,
State u.. Color~do.
~940722
.
..
.
"J''1
<.