HomeMy WebLinkAbout0120
83001301
bJJ JAI~ -5 PM 2 30
8
o
~O
DEVELOPMENT AGREi.fM~ ~(jlJNn, COLORADO
THIS DEVELOPriENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 20
day of August , 1981, betvleen the City of Hheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
Lutheran Subdivision , hereinafter referred
to as Owner, and concerns property located at Dudle" Street at
h'est 35th Avenue
/-3
,
WIT N E SSE T H .
WHEREAS, Owner is the titled Owner of a tract of land in the
City of Wheat Ridge; County or Jeffelson, Stat~ of Colc~3doj m()~e
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 September 9, 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 ~eighboring
improvements, the completion or non-completion of those improvements
as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION
REGULATIONS will make no significant change at the present in .those
streets fronting the Property and the neighboring tracts of land;
and
WHEREAS, in order to conform to those requirements as set out in
tne SEBDIVTSION REGULlI.TIONS of t.he City, this agreement is hereby
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 improvement:s.
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 120 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 enter upon the Property
either by its employees or through agents, contractors, or sub-
contractors, and to complete the public improvements described
B 3 C C
~ ,
.. r.
..i U
?
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 improvement thus complet2~
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 inLhe SUBDIVISION REGULATIONS fort-hose
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 pursuan-t 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 reguire a cash or surety
bond to be held in escrow by the City to secure completion of
tr;.e public irl'lprOVerflel1,t s described herein ~ S2:Ld cash or sl1rety
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, complete
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 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.
SPECIAL PROVISIONS AND AGREEMENT:
Installation of curb, gutter and sidewalk and all necessarv drainage facilities
per approved plans.
- 2 -
8300\301
IN v!ITNESS WHEREOF, the parties have set their hands and seals on date
first shown.
]
RECOMMENDED BY:
~\ \~
:--.; '-- '.-
"
n ity nt
\
APPROVED AS TO FORM:
-1 f . /
j/-~ 1/~
Citi Attorney ~ .
/l
---I ! us--z?A4..l i'-
City Administrator
'/
,--;,.M~
If
/
EXECUTED BY OWNER:
'---
EXECUTED BY CITY:
Mayor, C~f'~~tt~~e
Servi ces
of Lutheran Medical Center
ATTESTED TO BY:
STATE OF COLORADO
)
) ss.
)
-\
1\
1
.~
__/- /J// y'
,- /"./;-z//('./ ./'/ I<:.r / /.2- -v -J c)~-
City Clerk
COUNTY OF JEFFERSON
Th~ foregoing instrument was
Of/-!iILtllz/.r. {
My commission expires:
/, {/
. 1( day
) J -le
.. -.. ,(>.- --\'(
/ ,.dt:
-J. ~., .' C' ..
. :%(/:lf7:~~)
otary Public -..,""fij,:).",\:
-'. '\
;-Yt~; l~tljf-7) V;J}~L'{'(
Address -
-3-