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HomeMy WebLinkAbout0139 ~ ~/I RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 88047322 05/16/88 13:50 18.00 DEVELOPMENT COVENANT THIS DEVELOPMENT COVENANT, as authorized by the Subdivision Regulations of the City of Wheat Ridge, is entered into this 25th day of April , 19 88 between the CITY OF WHEAT RIDGE, a municipal corporation, hereinafter referred to as "City", and LUTHERAN MEDICAL CENTER, a Colorado corporation, hereinafter referred to as "Lutheran", and concerns property generally located between 32nd Avenue and 38th Avenue to the north and south and Dudley Street and Allison Court to the east and west. 1- {, WITNESSETH: WHEREAS, Lutheran 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 and expressly made a part hereof, which property is hereinafter referred to as the "Property"; and WHEREAS, Lutheran is in the process of preparing a consolida- tion plat for the Property and is in the process of preparing a Planned Building Group known as the Phase I Project: Psychiatric Center on a portion of the Property; and WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and neighboring tracts of land are incomplete and/or below those standards as set forth in the Subdivision Regulations of the City; and WHEREAS, to be uniform and consistent with the existing neighboring improvements, the completion or noncompletion 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 ~racts of land; and 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 agreed that: 1. The responsibility for providing improvements along the street frontage of the Property, as set out in the Subdivision Regulations of the City, is hereby acknowledged by Lutheran. 2. Lutheran is intending certain improvements to be con- structed on the Property, including the Psychiatric Center and RECEPTION NO. 88047322 future unspecified hospital related activities. The Property has unimproved frontages along West 32nd Avenue, West 38th Avenue, and Dudley Street. Lutheran has agreed to the following conditions: A. Lutheran will participate in the costs associated with the City's reconstruction of West 38th Avenue at the main entrance, including a double left turn lane, curb, gutter and sidewalk and landscape traffic control islands or Lutheran will design and construct said improvements at the City's request where the following minimum traffic volumes have been exceeded: an average of 100 C~ more l~ft turning vehicles per hour entering the Lutheran main entrance for one hour in any peak period during an average day. ~ B. Lutheran will dedicate to the City right- of-way necessary to construct the improvements defined in paragraph A. C. Lutheran will design and provide and install a traffic signal at their access point to West 32nd Avenue within 18 months of notification from the City that one or more of the traffic warrants specified in the Manual of Uniform Traffic Control Devices, DOT/FHWA, has/have been met and it has further been determined by the City that construction of such a signal is then required. D. Lutheran will be responsible for design and installation of modifications to the existing signal at their access point on West 38th Avenue necessitated by initial reconstruction of the main entrance and constructIon ot the additional left turn lane on West 38th Avenue, either by the City or Lutheran. E. Lutheran will make provisions for the future construction of West 38th Avenue during construction of the main entrance and the secondary access on West 38th Avenue to minimize reconstruction. F. Lutheran will close the parking lot exit to West 38th Avenue on the east property line of the Property. -2- RECEPTION NO. 88047322 G. The secondary access on West 38th Avenue will be located directly across from Cody Street. H. Frontage improvements, including curb, gutter, ~ sidewalk, drainage, and pavement of Dudley Street, will be done as the western most use areas designated on the improved plat are developed. I. Lutheran agrees to make provision for construction of permanent improvements at West 32nd Avenue and the main entrance to Lutheran Medical Center at such time as West 32nd Avenue is rebuilt and/or widened. 3. West 38th Avenue is currently scheduled for reconstruction by the City in 1991. In the event th~ traffic flows, as set forth In paragraph 2A above, have been exceeded prior to 1991, the Director of Public Works may give written notice to Lutheran directing design and construction of the improvements to be performed. The Director will establish a reasonable time of completion for the improvements. 4. In the event the City will be combining the second left turn lane construction and associated improvements with West 38th Avenue reconstruction, the Director of Public Works will give written notice of the City's intent to do so, together with an engineer's estimate of cost to Lutheran. Within 30 days or receipt of said notice, the City and Lutheran will meet to review the construction project to determine Lutheran's proportionate share of the reconstruction project. Thereafter, the Director will submit the matter to City Council for award of the construc- tion contract. After the award of the construction contract, the City will submit a detailed cost estimate to Lutheran setting forth Lutheran's portion of the cost of the second left turn lane, curb, gutter and sidewalk, traffic signal improvements, and other associated improvement costs along West 38th Avenue. 5. Upon receipt of a billing based upon the detailed cost estimate, Lutheran agrees to pay the City within 90 days the full amount of the detailed cost estimate or billing. The City agrees to supply Lutheran with notice of any extra costs contemplated with the public improvements as a result of variations in esti- mated contract quanitities. Lutheran agrees to pay the City extra costs associated with the public improvements to the property variations in estimated contract quantities or as a result of change orders, which variations or change orders have been sub- mitted to Lutheran for review. The City will prepare a final cost for public improvements and will pay to Lutheran any overcharges paid to the City by Lutheran within 90 days after final acceptance of the public improvements. -3- / J . .6. Lutheran ~gr~es to pay for all public improvements or bllllngs so made wlthln 90 days of written notice; Lutheran further agreeing that any amount resulting from the failure to for any improvement or billing this completed shall constitute lien upon the property above described in the actual amount of public improvement or billing completed, less any payments by Lutheran, plus interest in the amount unpaid at 12 percent per annum, from the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and attorney fees. pay a the 4 7. 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 as they exist at the date of execution of this agreement, for curb, gutter, sidewalk, related street and drainage tmprov~nen~s, solely relating to those streets fronting on the property and neighboring tracts of land, Lutheran or their assigns and successors agree not to oppose its creation, or reasonable subsequent assessment of costs to the property. 8. In the event an improvement district is created by the City to provide the improvements as provided by the Subdivision Regulations, the costs assessed against the Property shall not be disproportionate with costs assessed to other nearby and like properties. 9. This agreement IS executed by Lutheran pursuant to the Subdivision Regulations of the City of Wheat Ridge. 10. The parties hereto agree that this Development Covenant by its terms shall be binding upon the city and Lutheran and upon their assigns and successors thereof and shall constitute covenants running with the Property. 11. 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. Such cash or surety bond shall be in the 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 3 above. In the event Lutheran fails to complete the public improvements within the time specified in paragraph 3 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 improvements. Any interest earned on any escrow funds shall be the sole property of the City. RECEPTION NO. 88047322 -4- RECEPTION NO. 88047322 l2. The Development Covenant 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 Covenant shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by Lutheran of all costs and fees ~ 3~ associated therewith 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: IN WITNESS WHEREOF, the parties have set their hands and seals on the date first above written. Dept. Publl Works De artment .~~' CIty A InlS ator City EXECUTED BY CITY: ~J~~i0 Mayor, City of Wheat Ridge ~ST: ,t....>::;;lj,..- ~ ~71 /1'L--- City clerk 7 I ~A-'j (SEAL) , - - ). -5- '. RECEPTION NO. 88047322 EXECUTED BY LUTHERAN: , &, ./ A . '--K\( T i tl'e I STATE OF COLORADO ) ) ss. ) COUNTY OF I,~ ffl l'~ { "'-~ / The foregoing instrument was ~cknowledged b~Jore me in the said County and State 9n the /J' / k day of, ' " ?'" ,. l 19 \ J by. 4", J>-L ( x.l (':' '/ Ie", , (, c as {L < '" to. I" '- (. u , , ,( , ,L I of Lutheran Medical Center, a Colorado corporation. Witness my hand and official seal. My commission expires (Ie, ';[' _ L / (:1 (j (SEAL) -If: ! ~c. S . ,~ ' 0' 7:~< ( Notary Pu lic -6-