Loading...
HomeMy WebLinkAbout0151 Q / ,D {-;> RECEPTIC,),j NO. 91(11" 3': '1 5/22/'~1 _5:()J..., J5.UU REC(IRDED IN COUNTY OF ,JEFFERSON STATE OF COLORADO DEVELOPMENT COVENANT (/ \ , " ~ :'~I~-- /1 THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of t.be City of Wheat Ridge, is entered into this /7 7Y day of MIfY , 19'1/, between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and RAG, INC., hereinafter referred to as Owner, and con- cerns property located at 11901 WEST 1-70 FRON1'AGE ROAD NOR'l'H, WHEAT RIDGE, CO 80033. /_3 WITNESSETH: WHEREAS, O,vner is the t.i tIed 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 at- tached and expressly made a part hereof (which property is hereinafter referred to as "the Property'); and WHEREAS, Owner was issued Building Permit No. B91-4511 on April 16, 1991 for construction of a Golf Training Center; and WHEREAS, Owner desi res to obtain a Certificate of Occupanc1' for the project; and WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION REGULATIONS of the City and in ac- cordance with the recorded official Development Plan record- ed with the Jefferson County Clerk and Recorder at Book 60, Page 24, under the title of LAKEMONT CENTER - STAGE 2, this Agreement is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for providing improvements along the Tabor Street frontage of the Property, as set out in the recorded offidal Development Plan of the City, is hereby acknowledged by the Owner. 2. The structed ments. Owner has caused on the Property certain improvements to and associated on-si te be con- improve- 3. l'he existing improvement of Property frontage along Tabor Street is below those standards as set forth in the current SUBDIVISION REGULATIONS of the City and as further required by the recorded official Development Plan. 4. The Owner agrees to participate in the Engineering and Consruct.ion cost for the Property's frontage along Tabor Street when the street is brought in accordance with the City's Street Standards, or as directed by the Director of Public Harks. The Engineering and Construction costs will be limited to those reasonable and necessary to construct Tabor Street to current Collector Standards, including earthwork, one half street width paving, drainage, curb and gutter, street lights and miscellaneous and incidental items required to complete the Project. In addition street trees, one per 30 feet of street frontage, shall be included as part of this requirement. 5. The Director of Public Harks shall give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements along Tabor Street which would affect the Property and will submit to the Owner a detailed cost breakdown and billing after Award of the Construct.ion Contract by the City Council. The detailed cost estimate will include the Owner's portion of the cost of curb and gutter, pavement improvements and other items listed in Paragraph 4, including street trees as required. -.---.;:--. RE('EPTltJN Nt). 'cll0'.i3:::'l ! I \ ;' / . , DEVELOHIEN'l' COVENANT Page 2 6. Upon receipt of the detailed cost estimate or billing, the O\Jner llereby agrees to pay to the City, within 45 days, the full amount of tbe detailed cost estimate or biDing. The Owner also agrees to pay t.o the City any extra costs associated witb the Public Improvements to the Property due to variations in estimated contract quantities or as a result of change orders within 30 days of written request by the City. The City wi 11 pay to the Owner any overcharges paid to the City by the Owner wi thin 45 days after final acceptance of the Public Improvements by the City. 7. Owner agrees to pay for all public improvements or billings within 45 days of written notice; O,vner further agreeing that any amount resulting from his failure to pay for any improvement thus completed shall constitute a lien upon the property above described in the actual amount of the public improvements completed, less any payments made by Owner, plus interest on the amount unpaid at 10 percent (10%) per annum from the date of completion, plus any costs incurred by the City in collecting same, including court costs and attorney's fees. ;z 8. In the event an Improvement District or a Special Im- provement District is created by the City to J.mprove 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. 9. In the event an Improvement. District is created by the City to provide the improvements as provided by the SUBDIVI- SION RF~GULA'l'IONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. 10. This COVENAN'f is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the City of Wheat Ridge. 11. The Parties hereto agree that this DEVELOPMENT COVENANT, 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. 12. The City, in its sole discretion, may require a cash or surety bond to be held In escrow b~i the City to secure complet.ion or t.he public improvements described herein should such improvements not be completed by December 31, 1993. Such cash or surety bond sball be in the sum suffi- cient to cover the estimated costs of the construction of the public in1provements described herein, said estimate to be made at or aDout the time of the notice described in Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property of the City. 13. This DEVELOPMEN'T' COVENANT shall be recorded with the Clerk and Recorder of Jefferson COunty, Colorado, and shall consti tute a conti nuing covenant running with the land, providing however, that this DEVEI.OPHEN'l' COVENF,NT shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by the Owner of all costs and fees 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. RECEPTI()N NO. 9104,::'21 / '- , -- , DEVELOPHEN'I' COVENANT Page 3 /} - City Administrator /',' , , / -3 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: ~~ ~l\f~rt L.___ Publi Works D partment o FORM;-, ~_!? / / . (' AttorneY---' / ,.~ EXECUTED BY CITY: City / .\'..... , (F/' ;,: '1,.1 j .~ ;,'1. ,,"".0" ~ t . . F ,,", ' ATTEST...~ ~~ _ W~ Mayor, City of Wheat Ridge ";{ <t". ~EC~. BY ~~~' ._ ~ /2_ + '. -- . I';;''.CS. . ..'~\:P: t ( v.~ . u-j. '. '!'. ; f . ~ ~ ....E)\Li .~,.r.. 8. .~'1;F, .-'1"".". C , f' : ,!-,' . . . l .:.... r ." ...........l " Pt5r /AL .'/, -'" . : I:' STATE OF COLORADO ) )ss County of Jefferson) /'7 The foregoing instrument was acknowledged before me this day of J I '. 'c '/ I 19~_-, by / )('" (./, ~ ( . 1-,' -<. ,. (-< ": My commission expi.res: "/'/6 , 19 '1'1 . / ,p i I" " \ ':-l t~.-( f/ l C Notary Public , {~~_.-'t..-( {/ (. ~ ,,"\'~~F\~/' . ", .:........t..4../_ ,.;.J ~:.... I!.' ....~.,.: ~.,--.~ .".. ,C'\:\ i' 1) t. . ( , '; ~ :i' "\'.\) -II, ~ -: ; ~',-11.1':"" : ....... C"'.. " i'UrJ\\V/" :. (.;''\ \.'. \.". .....r ....... '''''t''" ..... .." ... ",... . _, ....... r 1'1,1"1..... Or ("",\ ,; "'" " '/( "" !' 1(- , j ., I.)..v/ " , .. ! (J: __ '., l- I~ l' ( .-t. L J c ...'... / Jo" E. '1..l.\\~\\ 'A' I !' tlM',...W~"lWI"".~b) lac~.". ~ c....nshoI"'"'nn TU~-&l) ~ IFTJIIS rORM IS USED IN A. '-'ONSUMF.R CRF.mf TRANSACTION. CONSULt 1.EGAL COUNSEL, I 'THIS IS A LEGAL INSTRUMENllf NOT UNDERSTOOD. LEGAL, TAX OR OTHER COUNSEl SHOULD 8E CONSULTED BEFORE SIGNING, II " Ii II Ii ii I II 'I I II Borrower and LenJcr covenan\ and agree as follows: I I. Property in Trust Burrower, in cons.ideration of tbe indebledness herein recilcd and the trusl herein crealed. hereby grams and IT. . \: conveys 10 cu:tee In trust. wnh power of sale. Ihe full(lwing described pwperly located In lhe Ii Coumyof ,-,efferson . Statcof Colllrado' -cr. I LOTS 1 TlIROUGH 8, INCLUSIVE, BLOCK I, i LAKEMONT CENTER-STAGE 2 IN MAP BOOK 10] AT PAGES 23 AND 24, COUIlTY OF I JEFFERSON, STATE OF COLORAOU ,I I, , DEED OF TRUST (Due on Transfer - Strict) THIS DEED OF TRUST l!',maJelhis 31st d"yof July 19~ ,between MG, Inc.. a corporation, d/b/il Lakemont Golf and Prdctice Center whose addrc,~s IS 138S Bear Mountain Drive, Boulder, Colorado 80303 and the Public Truslee of the County 10 which the I'llIpt:rly (.~cc par;q!raph 1\ i... Si\lIah:L1 tTrU.'.lceJ; for the benefit o( (Borrower), Lake Front Partners, a Colorado general partnership P. 0 Box 24701, Denver, Colorado 80224-0701 (Lender}, whose address is which has the address of Interstate 70, West, Ward Road, East rSltccll Wheatridge ICll)1 , Colorado f2ipCOIX) (PropeI1Y Address), togelhcr with all its appurtenances (Property) 2. Note; Other Obllgalions Secured. Thi~ Deed of Trusl is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower s nute (Note) dated Jul y 31 principal sum of Six hundred fifty thousand and no/lOa \ US Dollars. with Interest nn the unpaid pllnclpal balance from Ju:y 31 rate of * * ~~XMa1M. wuh prm"pal and mterest payable at F~rst Interstate Bank of Denver ~~rg'Mth ?l1l'Hd'l"~aasill'tWJ'ii"{~'\I:€e'il~d'e2'7/l"!13n5gtYars ($5,848.27) for thRaY?1'Jg~ or1J.~'fl'b-1~~'5'~ ousand two hundred seventy two and 72/iOO Dollars for the years 199~ through the Da DoJlars(U.S S 6.272.72 ) due on ihe 1st day 01 each month beginning JanuarY 1 .19..2..!- ,such payments 10 continue until the entire indebtedness evidenced by said Noll: is ruUr paid; however, if not sooner paid, the entire principal amount outstanding and accrued interesllhereon, shall be due and payableonJu y 31 m 200q (the 'IMaturity Date"). ** nine percent (9%) for the years 1990 through 1995 inclusive and ten percent (10 for the years 1996 through the Maturity Date (defined herein). Interest accrued fr July 31, 1990 to December 31, 1990 and not paid on December 31, 1990 shall be capi and added to the principal balance of the Note and shall "t\:lereaf';..~... l.JCo..&..I- if\terest. Px 00"" ANG r"<I()f~LC ON C,(~ Ecrd~E _'>uv-l, "31/ 7-C'C>C' IN r]-IG 1'1-"'0""''- oF' ($ ::<'1,24\ . "l<;') J\NO ,,,,,-, "VcO ^,-'O I No G 1'-<:;,:>, ,N "lIS INlEe.V r.;;>J.N9 rE1?, and Borrower is to pay to Lender a late charge of one (1) % of any payment not received by the lender within five (5) days after payment is due; and Borrower bas the right to prepay Ihe principal amount outstanding under said Note. in whole or in pari. at any time without penalty except None B The payment of $150,000.00 as provided in that certain Commercial Contract to B and Sell Real Estate, dated ,1uly IlJ. 1990, and entered into bet-ween Borrower an Lender, on or before October: J.'J-&:\119'jO. It. the paymenl of all other sums, with interest thereon-:rt?/ L I fourteen (14) in accordance with this Deed of Trust to protect lhe securir 'Of this Deed of TruM; and . K. the performance of the covenants and agreements of Borrower herein contained. 3. TItle Borrower covenants that Borrower owns and has the right to grant and convey the Property. and warrants tide 10 lhe same, subject 10 general real eslate tlllte5 for the current year. easements of record or in existence, and recorded declarations, ~striclions, ft:seMtions and covenanls. if any, as or Ihis date and except pncumbrances and restr ictions of record. .19 90 .inlhe , 19 ..-2Q.. . uoul paid. at the Six aturit % per annum. disbursed by Lender 4. Payment or Principal and Imeresl. DOITIJWCf shall prmnplly pay when due the principal of and interest on the indebaedness evidenced by the Nole, andlale charges as pro....iLled in the NOlc and shall perform aU ur Boml'o'o'er's other covenanls contained in lhe Note. 5. Application of Payments. An paymenls received by Lender unLlcr the Icnns hereof shall be applied by Lender first in paymenl of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 {Prolection (Jf Lender's Security), and the balance in accordance with the (erms and conditions of the Note. Nu. TO 71-11-13. DEf.ft. OF TRus-r ,.-.. n-...,. - 51"""l) IU..H,wJ 1...."I..h,"I. }112" W 6lh A.t .l...h........d. CO 10114 _11O)} lU'UOO ." ~flI CITY OF WHEAT RIDGE - MEMORANDUM To: Don Chelemedos RAG'~~~~~,J Frorn').~~~. ~1JeY, Director of Planning & Development Re: Certificate of Occupancy for Lakemont Family Golf Center, 11901 W. 1-70 Frontage Rd N. Date: May 15, 1991 A Temporary Certificate of Occupancy is being issued for the Lakemont Family Golf Center subject to the following stipulations: 1. This Temporary Certificate of Occupancy shall expire August 15, 1991. 2. A revised drainage plan must be submitted to the Depart- ment of Public Works for review and approval. Any modi- fications to the existing drainage conditions must be con- structed and approved prior to expiration of this Temporary Certificate of Occupancy. 3. Perimeter landscaping is not currently completed. A finan- cial guarantee in the form of monies to he escrowed, or an irrevocable letter of credit in an amoun~ equal to either a signed landscape contract or one and one-fourth times the estimated value of such landscaping shall be provided to the city prior to issuance of this Temporary Certificate of Occupancy. Such landscaping shall be completed prior to expiration of this Temporary Certificate of Occupancy. Street trees along Tabor Street shall be considered a part of the street construction project and shall be installed at the time Tabor Street is reconstructed. Guarantee for those trees will be included in the Development Covenant described below. Financial guarantee for the Tabor Street trees need not be inCluded in the Landscape Escrow. 4. The owner shall sign the accompanying Development Covenant which provides for the owner's obligation to construct public improvements relating to Tabor Street. Those im- provements inClude street trees, curb, gutter, street lights, one-half of street width paving and base course, and misc- ellaneous and incidental items required ~o complete the project. Upon satisfactory completion of required drainage improvements and landscaping by August 15, 1999, a Permanent Certificate of Occupancy will be issued. AccePted'~~:' ;:r"",S. PAc.7 /M-: For R , nc. - C}' Date: 5-/7-11