HomeMy WebLinkAbout0107
CITY OF WHEAT RIDGE
To Tom Palmer, City Admin. From
Subject Development Agreement Date
Approved 4220 Carr Street
Date J
(:2
!l.ttached is the above-mentioned development agreement t-lhich needs to be
executed for Albert W, & Patricia West, We had them sign the development
agreement inasmuch as there is no curb, gutter, and sidewalk existing in
their area.
ROY:vab
Att,
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\~ THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 22
day of .June , 1981, between the City of Wheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
A 1 hprt \J, & PR.tri ri" \o)PRt , hereinafter referred
to as Owner, and concerns property located at 4220 Carr Street,
Hheat Ridge, Colorado 800:33 ,
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8106068'
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DEVELOPMENT AGREEMENT
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WIT N E SSE T H ,
WHEREAS, Owner is the titled Owner of a tract of land in the
City of Wheat Ridge, County of Jefferson, State of Colorado, more
fully described in Exhibit A, which is attached hereto and expressly
made a part hereof (which property is hereinafter referred to as
"the Property"); and
WHEREAS, Owner desires to develop the Property but has not been
issued a Building Permit as of June 22, 1981 to do .so; and
WHEREAS, curb, gutter, sidewalk and street improvements boarding
the Property and the neighboring tracts of land are incomplete
and/or below those standards as set out in the SUBDIVISION
REGULATIONS of the City; and
WHEREAS, to be uniform and consistent with the existing neighboring
improvements, the completion or Hon-completion of those improvements
as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION
REGULATIONS will make no significant change at the present: j n those
streets fronting the Property and the neighboring tracts of land;
and
WHEREAS, in order to conform to those requirements as set out in
the SUBDIVISION P"EGULATIONS of the City, this agreement i.s he17eby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the Cit~ is hereby recognized by Owner.
2. The Director of Public Works, upon the direction of the Mayor
or the City Administrator, shall give written notice directing
the Owner or his assigns and successors to meet those require--
ments as set out in the SUBDIVISION REGULATIONS of the City and
to construct public improvements described above, including
curb, gutter, sidewalks and street improvements.
3. 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 conformance with the
design standards of the SUBDIVISION REGULATIONS of the City.
4. Owner agrees to construct, or cause to be constructed, all public
improvements required hereby within GO days of the dat:e of
receipt of the notice described in tI~e preceding paragraph. In
the event such public improvements are not completed within such
time, the city is hereby authorized to enter upon the Property
either by its employees or through agents, contractors, or sub-
contractors, and to complete the public improvements descri.bed
81060682
herein, said completion to be accomplished at O\vner' 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 improvement thus complet~d
shall constitute a lien upon the Property above described in the
actual amount of the public improvements completed, less any pay-
ments made by Owner, plus interest on the amount unpaid at 10
percent per annum from the date of completion, plus any costs
incurred by the City in collecting same; including court costs
and attorney's fees.
5. 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 the Property 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.
6. 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 shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
7. This agreement is executed by the Owner pursuant to the SUBDIVISIO~.
REGULATIONS of the CITY OF WHEAT RIDGE.
8. 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 thereof; and shall constitute covenants
running with the Property.
9. The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure completion of
the public improvements described 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,
said estimate to be made at or about the time of the notice
described in paragraph 2 above. In the event the Owner fails
to complete the public improvements within the time specified in
paragraph 4 hereof, the City may, at its sole option, compJcte
or cause to be completed, said construction and 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 improve-
ments. Any interest earned on any escrow funds shall be the
sole property of the City.
10. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the land; provided, however,
that this DEVELOPMENT AGREEMENT shall be released by the City up or.
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.
SPECIAL PROVISIONS AND AGREEMENT:
Owners shall insta~l curb, gutter, and sidewalk at 4220 Carr Street,
:10 h'arranty deed available inasmuch as Susan A, I-,'est is deceased, C~uit claim
deed used.
- 2 -
8106068"
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
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Comrn~y_~~:veloPlRent Department
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Cit.y Administrator
City Attorney
EXECUTED BY OWNER:
EXECUTED BY CITY:
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Mayor,
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Clty of Wheat Ridge
ATTESTED TO BY:
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Ci ty Clerk ,;,' c::t "
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STATE OF COLORADO )
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COUNTY OF JEFFERSON )
The foregoing instrument was executed before me this J) day
of
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, 1981,
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My C'ommfsslon fxplres January 8', 198"4 .
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My commission expires:
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of the City and County of Denver
Colorado, of the first part, and
, State of
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ALBERT H. HEST AND PATRICIA HEST
of the City and County of Denver
Colorado, of the second part:
and State of
WITNESSETH, That the said part y
of the first part, for and in consideration of the sum of
Other good and valuable considerat{on and t~n DOLLARS
to the said part y of the first part in hand paid by the said pm'ties of the second part, the receipt
whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit
claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of
the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the
right, title, interest, claim and demand which the said part y of the first pm.t ha s in and to the
following described lot or parcel of land situ~e, lying and being in the
County of Jefferson and State of Col~o, to wit: .
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Lot numbered ten (10), Elizabeth Subdivision,
together with the improvements thereon situate,
known and numbered as 4220 Carr Street, ~~eat
Ridge, Colorado.
No actual consideration paid, oroperty
transferred as a gift.
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TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said part y of the first part, either in law or equity, unto the said parties
of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF, The said part y of the first part has hereunto set her
hand and seal the day ami year first above written.
Signed, Sealed and Delivered in the presence of .;~.\A.Jj:,:",-,,-:).....\;~..Jg):~~...............,.......... [SEAL]
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City and
County of Denver
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STATE OF COLORADO,
The foregoing instrument was acknowledged before me this / t'
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197~ , by Susan A. West
My commission expires //19/76
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and official seal.
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