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HomeMy WebLinkAbout0144 0'~ 0'11 ~ RECOI;'DED IN COUNTY OF JEFFERSON ~TArE OF COLURADO RECEPTION NO. 89044291 05/24/89 10:40 9.00 ~ eJ AGREEMENT REGARDING IMPROVEMENTS day I ~ ~ THIS AGREEMENT, dated for reference purposes this 5th of December, 1988, is between the CITY OF WHEAT RIDGE, a municipal corporation (the City), and the BOARD OF TRUSTEES OF THE JEFFERSON COUNTY PUBLIC LIBRARY (the Library). WITNESSETH WHEREAS, the Library owns certain property located at 10500 West 38th Avenue in the City of Wheat Ridge, Colorado (the Property); and WHEREAS, the Library is remodeling the Property; and WHEREAS, the City, pursuant to its Subdivision Regulations, required the Library to construct certain improvements, including curb, gutter, walk and associated pavement improvements, and to pay for engineering and construction costs along W. 38th Avenue and along Moore Street, such improvements to be made at some future dates (collectively, the Improvements); and WHEREAS, the Library has offered to pay, and the City has agreed to accept, the sum of $14,102.52, payable by the Library to the City, as cash in lieu of the Library's construction of and payment for the Improvements. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties hereto agree as follows: -1- AT6 WRIDGE AGMT. "lP(')L L .:>'9.\ HECEPrION NO.. "7.' ..... -- ~\ B\ ;L 1. Within thirty days after execution of this Agreement by the last of the parties to execute it, the Library shall pay the City of sum of $14,102.52. 2. The City shall accept such payment as full satisfaction by the Library of its obligations with respect to the Improvements. 3. The City covenants and represents that it shall not be entitled to and shall not seek from the Library any further or additional payment for or performance of Improvements or any amount for any other requirement which its Subdivision Regulations, Building Codes or any other ordinances or regulations, as they may be amended or otherwise, regarding improvements or other costs attributable to the Property. 4. The City shall hold amounts paid by the Library pursuant to this Agreement in an escrow account until the City makes the Improvements to which such amounts are attributable. In the event such Improvements have not been made within ten years from the date hereof, the City shall reconsider whether such Improvements will be made. If the City determines that such Improvements will be made, the City may retain the amount for an additional ten years. If the City determines that such Improvements will not be made, and if twenty years passes from the date of this Agreement, the City shall return such amount to the Library. -2- AT6 WRIDGE AGMT. RECEPfIuN NO. 89044291 ,~ /.-r "', C!!!/ ; 5. This Agreement shall be binding upon the successors and assigns of the parties hereto. 6. This Agreement constitutes the entire agreement among the parties hereto, and cannot be modified except in writing executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement. AT'l'EST: BOARD OF TRUSTEES JEFFERSON COUNTY,PUBLIC LIBRARY By (~~f) ~~~ Conrad Gardner, Chairman Date 1-19-89 CITY By Dan OF WHEAT RIDGE 00c=c'^-f '-/~~~ \^lilde, Mayor Date RECOMMENDED BY: ~J Rob rt Goebel, Director Public \vorks or opment ~). Mike Smith City Administrator c:/'\ -3- AT6 WRIDGE AGMT. r, ~~ JEFFERSON COUNTY PUBLIC LIBRARY MEMORANDUM TO: MIKE SMITH, WHEAT RIDGE CITY ADMINISTRATOR FROM: BILL KNOTT, JEFFERSON COUNTY LIBRARY DIRECTOR DATE: January 24, 1989 RE: AGREEMENT REGARDING IMPROVEMENTS Enclosed are six copies of the agreement regarding street improvements at our property on West 38th Avenue in Wheat Ridge. It has been approved by the Library Board and signed by the Board Chairman. It requires review and execution by a number of city offices. When you have finished with these, please return 3 copies to us for our files. We are prepared to make the $14,102.52 payment on any schedule convenient to you. It would be easier for us if the city would invoice us for the amount so that the paid invoice can be a part of the property file. Please let me know if there are any questions. cc. ZR/CBL . POBOX 638 TELEPHONE. 3031237-6944 7500 WEST 29TH AVENUE . WHEAT RIDGE, COLORADO 80033 The City of - ,\ ~heat <Ridge February 14, 1989 Jefferson County Public Library 10550 W. 38th Avenue Wheat Ridge, CO 80033 Attn: Bill Knott, Jefferson County Library Director Re: 10550 W. 38th Ave. Thank you for your cooperation in processing the escrow agreement for the library site. I am enclosing 3 signed copies of the Agreement and an invoice for the escrow amount of $14,102.52. We would prefer payment in one lump sum. Please do not hesitate to contact this office for further discussion. Respectfully, oJI-O- John Oss, Acting Sr. Project Engineer JO:fg Enc 1. 3 "The Carnation City" POBOX 638 TELEPHONE 303/237-6944 7500 WEST 29TH AVENUE. WHEAT RIDGE COLORADO 80034 The City of ~heat GRidge I N V 0 ICE FEBRUARY 14, 1989 Jefferson County Public Library 10550 West 38th Avenue Wheat Ridge, Colorado 80033 ATTN: Mr. Bill Knott, Jefferson County Library Director This is to invoice for the escrow agreement for the library site. Please remit $14,102.52 to the City of Wheat Ridge. Thank you, 10 ~~ LiJ h9(:t; ~ HThe Carnation City" ~~~ ~