HomeMy WebLinkAbout0124
83075680
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THIS D!J~LOP:SNT\AGREEMENT is entered into this ~
of ,-Atl/{.:" ~ ~83, between the City of Wheat Ridge,
1383 AUG \ 0 PM 2 '"' '5
jEnEkSU~ ~UlJWTl. COLG~ 6nr
DEVELOPMENT AGREEMENT
day
"City", and Prime Rate Hotel Wheat Ridge Partnership, a
/J~
a municipal corporation, hereinafter referred to as the
limited partnership, hereinafter referred to as "Prime
Rate".
WHEREAS, Prime Rate is the owner of a tract of land in
the City of Wheat Ridge, County of Jefferson, State of
Colorado, more fully described on Exhibit A, which is
attached hereto and incorporated herein, which property 1S
hereinafter sometimes referred to as the "subject property";
and
WHEREAS, said property is located adjacent to the South
1-70 Service Road and west of Kipling Street; and
WHEREAS, the Colorado Department of Highways plans to
abandon the existing frontage road adjacent to the north
side of Prime Rate's property and to construct a new
frontage road adjacent to the south and west sides of Prime
Rate's property; and
WHEREAS, it is intended by Prime Rate, the Department
of Highways, and the City that Prime Rate will convey to the
State of Colorado a portion of its property along the south
side ot 1tS property for the construction or the llew
frontage road; and
WHEREAS, it is contemplated by Prime Rate, the
Department of Highways, and the City that Prime Rate will
receive in return for said conveyance an equivalent amount
of property from that portion of the existing frontage road
which will be abandoned; and
WHEREAS, Prime Rate desires to construct a 128-unit
motel on the subject property; and
83075680
WHEREAS, the City and P .
rlme Rate have reached an
agreement as to the terms under Whl'ch a
bUilding permit, a
temporary certificate of occupancy, and
_ a permanent
:J-
certificate of occupancy will issue with respect to said
mote 1 ;
~
NOW, THEREFORE, in consideration of the mutual promises
contained in this Agreement, the City and Prime Rate agree
as follows:
1. The City shall issue a building permit for the
construction of said motel based on the City Council
approved site plan, a copy of which is attached hereto as
Exhibit B and incorporated herein by this reference;
however, no construction shall be allowed on the existing
frontage road unless and until Prime Rate is given the right
to construct improvements on said frontage road by the
Department of Highways.
2. If the new frontage road on the south and west
sides of Prime Rate's property has been completed and
accepted by the Department of Highways at the time Prime
Rate requests a certificate of occupancy for said motel and
if the parking lot for said motel has been constructed in
accordance with Exhibit B, the City shall issue a
certificate of occupancy based on the motel's conformity
with said site plan.
3. If said frontage road has not been completed and
accepted by the Department of Highv.'ays at the time Prime
Rate requests a certificate of occupancy for said motel, or
if said frontage road has been completed and accepted but
Prime Rate has not completed construction of the motel
parking lot in accordance with said site plan, the City
shall issue a temporary certificate of occupancy based on
the motel's conformity with said site plan, except that the
parking lot configuration shall be as shown on Exhibit C,
which is attached hereto and incorporated herein. When the
new frontage road has been completed and accepted by the
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83075680
Highway Depart~ent, Prime Rate shall cooplete the
construction of the motel parking lot in accordance with
~
Exhibit B. Said parking lot shall be completed within SlX
months after the completion and acceptance of the new
frontage road. Upon the completion of the construction of
the motel and its parking lot in accordance with Exhibit B
and compliance with any applicable building codes and zoning
ordinances, the City shall issue a permanent certificate of
occupancy for said motel.
4 .
The landscaping of the subject property shall be ~.
ln accordance with the landscape plan which meets or exceed~
to the Building Permit , ~
City standards, a copy of which is attached/hefe~e ~s . i 1
!
Exhibit D and incorporated herein by this reference.
The
landscaping described on said plan shall be installed prior
to the issuance of a temporary or permanent certificate of
occupancy, except that Prime Rate shall not be obligated
prior to the issuance of a temporary certificate of
occupancy to install landscaping on Department of Highways
property until six months after the Department releases or
conveys the property to Prime Rate. Prime Rate may obtain a
temporary certificate of occupancy prior to the installation
of all of the landscaping specified on said landscape plan
if Prime Rate furnishes to the City a surety bond or letter
of credit in an amount equal to the estimated cost of the
landscaping remaining to be installed pursuant to said
landscape plan, plus twenty-five percent of that amount.
The determination as to the cost of the landscaping
remalnlng to be installed shall be made by the Director of
Community Development.
In any event, all landscaping shall
be installed no later than six months after the completion
and acceptance of the new frontage road. Because the
Department of Highways intends to abandon the existing
frontage road adjacent to the north side of the subject
property, Prime Rate shall not be required to plant any
street trees on the north side of the subject property.
-3-
S3075680
5 Sometime during the months of July or August,
f
1983, the City staff shall schedule a hearing before the
City Council for the purpose of rezoning the existing
frontage road adjacent to the north side of the subject
property to the C-l zone category.
6. The drainage for the subject property after the 1
construction.of said motel shall be in accordance with the III .
approved dralnage plan. "' !~
-s-i:i::e- -p-hm-,- -a- -copy- -o-f- -wh-rctr -i-s- -at-e-.,:ehed -heret:o -a~ -E~hib it: - B I- l
-and- tltcorpu-ra-ted- -ire-re-m -by -thi-s- -re:ferenee;- .J
7. Any payment made to the City under the surety bond
or letter of credit given to the City pursuant to the
provisions of paragraphs 4 and 8 shall be used by the City
solely for the purpose of installing the improvements for
which the surety bond or letter of credit was given as
security.
In the event less than the full amount of any
such payment is required by the City in order to complete
the improvements for which the surety bond or letter of
credit was given as security, the balance shall be promptly
paid to Prime Rate.
8. Prime Rate shall construct or cause to be
constructed six-inch vertical curb and gutter and a
four-foot sidewalk adjacent to the new frontage road on the
south and west sides of the subject property.
Said curb and
gutter and sidewalk shall be installed prior to the issuance
of a temporary Certificate of Occupancy. Prime Rate may
obtain a temporary certificate of occupancy prior to the
installation of said curb and gutter and sidewalk if Prime
Rate furnishes to City a surety bond or letter of credit in
an amount equal to the estimated cost of said curb and
gutter and sidewalk, plus twenty-five percent of that
amount. The determination as to the cost of said curb and
gutter and sidewalk shall be made by the Director of Public
Works.
In any event, said curb and gutter and sidewalk
shall be installed no later than the date when the
construction of the new frontage road adjacent to the south
-4-
83075680 1
II
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5
.
: ~
,
and west sides of the subject property has been
completed and accepted by the Department of Highways.
If the Department of Highways has not commenced
construction 12 months after the submission of a surety
bond or letter of credit. said surety bond or letter of
credit shall not be required to be renewed. The City
shall not issue a permanent certificate of occupancy
installed.
until said curb, gutter and sidewalk have been
IN WITNESS WHEREOF, the parties have set their
hands and seals on date first shown.
APPRO~~D A.s,~~ lfORM:
,.,,-//-<~
C..i~Attorney ,?
I
~XECUTED bY OWNER:
PRIME RATE MOTEL WHEAT RIDGE
PARTNERSHIP, a limited
partnership
Inc. ,
-5-
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'C~~~~.~
.-?:Z tP~.~-/",
City Administrator
EXECUTED BY CITY:
~4P.4~---
Mayor, City of Wheat
Ridge _
/J
AY): -AI
~ ' (? -7~/A/:' . ~7
City Clerk !J
83075680
STATE OF COLORADO )
) 55.
COUNTY OF JEFFERSON)
~
The foregoing instrument was exec;ted before n~this
,?j?CJ')4~day of (:,,_Li.- , 1983, by /:r:)J2-I:.-f:~ __ -j,~-L-
as ??/:a'F' A,,,. /;;&f Prime Rate, Inc.; a Minnesd'€a /
corporation; as general partner of Prime Rate Motel Wheat
Ridge Partnership, a limited partnership.
Witness my official hand and seal.
Ny commission expires:
cJ-/7 -f;,!)-'
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?:JiA.., ,. ,/ 4.[ ""-T.'_ /
Notary Public '-
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7?~ ~ .;--,,/ 51 r>'f . ~,-c
Address
(Notarial Seal)
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83075680 7
A part of the Northeast ',of the Northeastl~ 01 the Northeast', of Section 21 Township 3 South nanpe 6~ '/Ipst
of the 6th PliCa t t' .' u-
un y 0 ,ellerson State of ColDrado nare particularly described as follJws' Connenclnp at
the Norlheast corner of said Section 211, thence S.B9~47'55"\I/ (neas S B~'14' 30''11) d I th N h ~
saldNoth t' 1 . . an aol~ earl linea
r ~as ,0 the Northeast " of the Northeast " a distance of 664 ,62 (meos.664.93)f~et to the Northwest c,
Northeast, ot the Northeast', at the Norlhea,;t',. thence S.OO'07'IB"W (neas. 3.DO'24'23"E) and alonp the West
line of said Northeast \, ot the Northeastl~ of the Northeast" a distance of 30 00 f t-1 t ~ h S
Iy rieht of way line of Interstate 7.0 as described in Book 17~0 at pag'e 259 a d'th Tee op a ptolnt aon t e out
th t.. I n e rue oln 0 ePlnnln~
ence con Inulng a one the aforesaid course a distance of 327.00 (meas. 327,46) feetlOa pOirli-T3/'>OO~reet'
Nort~ 0,' t,~e South line ~t ,the"North 7.5 acres of said Northeast !~ at the Northeast !~ of tile Northeast -'C then
N.B9 ~7 55 E ('l'Ieas. N.B!l 1430 E) and along a line parallel to the Horth line of said Hortileast'~ of the Horth.
east~ of ~he Northeast.!~ a distance of 21B.50 feet; thence N.00'12'00"E (meas. N.OO'22'OO"''!) and pHallel to
the East lIne of said Northeast '~ of the Northeast'~ of the Northeast !~ a distance of 275.aO (meas. 276,33)
feet to a pOint of Intersection wi t~ the Souther Iy right of way line of Interstate 70 as described in Book
1760 at Page 259, thence N.16'37'40'W (meas.H.n'34'4!l"W) and along said Southerly right of way line a dis-
tance of 223.07 (meas. 224.20) feet to the Point of Beginning containing 65,994 square feet more or less.
ExHIBIT
R
JtND
A part of the NE~ of the NE\ of the NE~ of Section 21, Township 3 South,
Range 69 West of the bth P.M., more particularly described as follows:
sommencing at the Northeast corner of said Section 21; thence South
89 47' 55" \vest and along the North line of said NE~ of the NE\ of the NE\
a distance of 664.62 feet bO the Northwest corner of said NE~ of the NE\
of the NE'4; thence South 0 07'18" West and along the \\'est line of said
NE~ of the NE~ of the NE... a distance of 30.00 feet to a point on the
Southerly right of way line of Interstate 70, as described in Book 1760
at Page 259; thence continuing along the aforesaid course a distance of
327.80 feet to a point 134.00 feet North of the South line ob the North
7.5 acres of said NE\ of the NE\ of the NE\; thence North 89 47'55" East
and along a line parallel to the North line of said NE\ of the NE\ of
the NE..., a distance of 218.50 feet\to the true point of beginning? thence
continuing along the last described line a distance of 185.63 feet to
a point 260.00 feet West of the East line of said'NE\ of the NE\ of the
NE\ as measured at right angles thereto; thence North 0012'00" East
and along a line parallel to the said East line a distance of 230.28
feet to a point of intersection with the Southerly right of way of
Interstate 70 as described in said Book 1760 at Page 259; thence
North 76037'40" West and along said Southerly .right of way line a
distance of 191. 63 feet; thence South 0012' 00" \vest, a distance of
275.08 feet to the true point of beginning,__.___~ .__ _ _
TOGETHER WITH an easement and right of way as set forth in instrument
recorded in Book 2072 at Page 55, for ingress and egress over, upon and
across the following described property together with the right to
install and maintain utilities, in, through, under, upon and
across said real property atKt is more particularly described as follo',o/s:
Commencing at the Northeast corner of Section 21, Township 3 South,
Range 69 West of the 6th P.M.; thence Southerly along the East line of
said Section a distance of 357.40 feet; thence on an angle to the
right of 89036'30" a distance of 60.00 feet to the vlest right of way
line of Kipling Street and the true point of beginning; thence
continuing on the last described course, a distance of 200.00 feet;
thence on an angle to the right of 90023'30" a distance of lO.73
feet; thence on an angle to the right of 89036'30" a distance of 200.00
feet to the \vest line of Kipling Street; thence Southerly along the
West line of Kipling Street a distance of lO.73 feet to the point of
beginning.
AIVD
T~rt portion of the NE 1/4 of Section 21, To~nshiD 3 South. Range 69 West
of the 6th P. H., described a!> follO\,s: .
Cor@encing at the Northeast corner of said Section 21;
thence South 00022'00" East (a bearing reci-::'ect in Book 1828 at Page 287
un~er Reception No. 143361 of the reccrds of said Jefferson County)
along the East line of said Section 21, n. distance of 293.67 feet. to a
point vhich is 201.00 feet North of the South line of the Horth 7 1/2 acres
of the lIE 1/4 of the tiE 1/1\ of the liE .t/i, of said Section 21;
thence South 890111' 30" Hest parallel \-lith s2.id South line, a distance of 60. C~
feet to a point on the West right-of-\-Iay line of Kipline; Street and the TRJE: ?::=-"I::
OF' BEGIl;;IIHG;
8 3 0 7 S 6 8 01
thence JlTorth 00022' CO" ',Jest along said ~les t right-of-way line> a dis tance ~:- 1.:.. C-O
feet;
thence South 89014'30" West a distance of 125.50 feet;
thence Hartt 00022'00" West parallel with the East line of said Section 21. a
distance of 1]"(.62 feet to intersect t:le Sou:;h right-of-yay line Qf the fr')n'.:a~~
road as described in Book 1760 at Par,e 257 of the records of said Jefferson Co-=,~y;
thence north 760),6'00" West alonG sait! rir:ht-of-\..'2.Y line a distance of 76.65 fe:::;
thence South 00022'00" East. parallel vith the East line of said 5ection 21. a
distance of 234.15 feet;
thence North 89014'30" East, a distance of 39.00 ~-eet;
thence North- 00022' 00" I-lest para).lel \lith the East line of said Section 21, a
distance of 67.00 feet;
thence 1I0rth 89014' 30" East, a distance of' 161. 00 feet to the TRUE POINT OF B::;G__uu~
TOGETHER, also, with a right of way easeme:1t for ingress and egress from the ab:;'Je
described property \..'ith the right to ins tell utilities over a 14 foot strip of
land described as follows:
Co~~encing at the Northeast corner of Sectio~ 21, To'~ship 3 South, Range 69 We~~
of the 6th P.M.,
thence South 0022' East alon(!; the East line of said Section of distance of 360.-::
feet:, to a point which is 131, feet North of the ~c.uth line of the liorthjl/2 acr=3
of the tlorthea.st l/h of the llE II" of the :JE 1/4 of sai([ Section 21;
thence ~outh 890V"30" We~t al~l parullel vith said South line a dIstance of 60
feet to a steel pin in the We~t right of vay line of Kipling Street, and the T?:3
POUlT OF B2GIHNItlG;
thence South 8')014'30" West a distance of 161 feet to a steel pin;
thence 11orth~0022' \-lest 14 feEt to a steel pi:1_;
thence North 89014'30" East, a. distance of 161 feet to a steel pin;
thence South 0022 I East 11~ feet to a steel pi:1 <=.ncl the TRUE POINT OF BEGIHl:I ;;:};
, ~.~
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83075680
CITY COUNCIL MINUTES: JUNE 13, 1983
Page -3-
Item 4. Council Bill 65 - An Ordinance providing for the
approval of Rezoning from Agricultural-One (A-I) to
Residential-Three (R-3) on land located at
approximately 4650 Parfet and 465l Oak Street, City of
Wheat Ridge, County of Jefferson, Colorado.
(Case No. WZ-83-9) (City of Wheat Ridge)
/~
Motion by Mrs. Snow to continue this item until June 27, 1983; seconded
by Mr. Burt; carried 8-0.
NE\v BUSINESS
ORDINANCES ON FIRST READING
Item 5. Council Bill 86 - An Ordinance amending section 4-1 of the Code
of Laws of the City of vmeat Ridge relating to Animals running
at large.
Council Bill 86 was introduced on first reading by Mr. flerkl; title read
by the Clerk. t-Iotion by Mr. Merkl that Council Bill 86 be approved on
first reading, ordered published, public hearing set for Monday, July
l8, 1983 at ~:30 p.m. in City Council Chambers, Municipal Building, and
if approved on second reading take effect 1 day after final publication.
Motion by Mrs. Snow that Council Bill 86 be referred to the Animal Con-
trol COIT@ission for a recormendation or comments prior to second read-
ing; seconded by Mr. Lewis; carried 5-3 with Councilmembers t-Ierkl, Ore,
and Hobbs voting No. ~lotion ~s amended carried 8-0.
Item 6 A.-Council Bill 87 - An Ordinance providing for the
Rezoning of land from Agricultural-One (A-I) to
Commercial-One (C-l) on property located at
approximately lOllO South 1-70 Service Road, City of
Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. IvZ-83-15) (City of Wheat Ridge)
Council Bill 87 was introduced on first reading by ~lrs. Ore; title read
by the Clerk. Motion by Mrs. Ore that Council Bill 87 be approved on
first reading, ordered published, public hearing set for ~londay July 18,
1983, 7:30 p.m., in City Council Chambers, Municipal Building, and if
approved on second reading take effect 1 day after final publication;
seconded by Mr. Davis; carried 8-0.
~'_l
Item 6 B.-Approval of site plan within the Kipling Activity Center.
Prime Rate Wheat Ridge Partnership.
M~. Stromberg gave the staff report. Merlyn Jerzak, st. Cloud, Minne-
sota~representing Prime Rate, was present and answered Councils ques-
tions. Don Lancaster, 4076 Everett Street, representing the Wheat Ridge
Urban Renewal Authority, spoke in favor of the submitted site plan.
Motion by tlr. ~lerkl that the site plan for Case No. WSP-B3-2jprime Rate
be <:lpproved with the following conditions. (1) curbfgutterfside.w'alk be
required to be installed by the developer on the west and south sides of
the project next to the new service road. (2) The Site plan is condi-
tioned on the Highway Corrunission's approval of the land trade concept.
(3) The property has been properly posted; seconded by Mr. Hobbs; car-
ried 8-0.