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83031945
nl::VF.LOl'llENT AGHr:E~Ir;NT
'l'ilIS Df,VELON1l3NT AGREE1.IENl', ~~; authorizcc1 by the SUBDIVISION
REGUUI.TIONS of the CITY OF \WC^'1' HIDGE, is cntcrccl into this 29th
duy of ~larch , 1983, between the city of \"7hcat Hidgc, a
Municip~Corporation, hereinafter referred to as City, and
Donald and :\ellie Nixon , hereinafter referred
to as O...rncr, und concerns property located at 6901 \1'. 35th Avenue
,
WIT N E SSE T H
-----------
l~HEREAS, O~mer is the titled Owner of a tract of land in the
city of \~heat 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 to dO"~Oi and
~rnEREAS, 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 SUBDIVISIO~
REGU~~TIONS of the City; and
\~EREAS, tobe uniform and consistent with the existing neighboring
improvements, thecoffi?letion or non-completion of those improvements
as :required hy SECTION FIVE: IHPROVEMENTS of the SUBDIVISION
P..EGUL..:;:TIONS ...1i11 m2.;<:e no significant change at the present in those
stre"'ts fronting the Property and the neighboring tracts of land;
and
~mEREAS, in order to conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this agreemept is hereby
deter%ined to be pro?er.
NON, THEP.EFORE, IT IS HEREBY AGREED THAT:
1. The xesponsibility 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 Mdyor
or the City Administrator, shall give written notice directing
the O_vner 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, O~~er hereby agrees to construct and furnish at Ovmer's
CDstl such improve~ents as are required by tl1e 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 90 dnys of the date of
receipt of the notice c1escribcc1 in the prececEng pClragraph. In
the event such public irnproverncnts Clre not completed wit.hin such
time, the city is hereby aut,horizcd to ent.er upon the Property
either by its employees or through agents, COlltraclors, or sub-
contractors; c:mc1 to complete the public il(Jprovcments described
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herein, said corapletion to be accultlplishcu ilt O\-mcr' ~ ~ole expense. i
OVl1ler agrees to pay for. all improv'~mcnts Sa mode \-,it.hin 30 (L,y~; of
the dute of completiolJ, O"mer further aCJr('(~ing that any "mount
resulting froln his failure to P~IY for any improvement thus co.<tr1etQd
shull constitute a lien upon the Property .:lbovc described in the
Dctu<ll amount of the public improvemenls completed, less any p.:lY-
ments made by O\.;oer, plus interest on the LltnounL unpaid at 10
percent per ,mnum from the date of co;opletion, plus any costs
incurred by the City in collecting Sillr1e; 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 ~UBD~V.ISION REGULATIONS,
the costs assessable against the Property shall not be dispropor-
tionate Hith costs assessable to other nearby and like properties.
7.
This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
8.
The parties hereto agree that this DEVELOPMENT AGREEMEN~, 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 c~sh or suretY
bond to be held in escrow by the City to secure comple~ion of
the public improvements described herein. Said cash or surety
bond shall be in a sum sufficient to cover the estimated costs
of th~ 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 O'.-mer 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.
This DEVELOPHENT AGREENENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the landi 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,
Dttested to by the City Clerk and bearing the City's seal, ~lhich
document shall likewise be recorded.
SPECIAL PROVISIONS AND AGREEHENT:
Refer to atL-lched Suhdi vision Plat (Exh i bi t A)_
Required curb, gutter, sidewalk, and other street related improvements
(including design and construction superVISIon) on that portIon ot west
35th Avenue and Quay Street abutting Nixon Subdivision shall be constructed
on or before one of the following situations occur.
a
Similar street improvements are constructed either im~ediately
to the north or west.
b.
Occupancy permits being issued for Lot 1.
f t ('L- ty ()f Wheat Ridge standarus anu the uesign
Imrrovements must con orm 0 c_
must be approved by the Ci ty prior to construct i on_
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~.. .......1.l...C.::>;i HIIE;ftCOI:', th~ parties huvc set thcir hunds ond sCuls on
date first'shown.
L(") REcmh...lENDED BY:
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City Attorney
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City Administrator
_EXECUTED BY OWNER:
....
EXECUTED BY CITY:
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'\-A/! ","~ -Lt.~{;.,;"
Mayor, City of Wheat Ridge
ATTESTED TO BY:
City Clerk
STATE OF COLORADO )
) SSe
COUNTY OF JEFFERSON )
of
The f~regoing instr~~ent was executed before me this 3/~ day
~.~ a. ~--- '"
7')~.di ,1983., by '7}.;../t!..., ct''7Z-/,,u
Ny commission expires: 9 -/ 7 ~?c,-
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