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Home My WebLink About0153 f, ;r /.7 . '" I DEVELOPMENT COVENANT ~' \\~ 'I'HIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this z,t'1'" day of t.>,.oJc"...H.T , 1991, between the City of Wheat Ridge, a Municipal corporation, hereinafter referred to as City, and Joseph D. and Rebecca A. Chwirka, hereinafter referred to as Owner, and concerns property located at 3605 Dudley Street, Wheat Ridge, Coloradc. WITNESSE'l'H: \/ ') \ WHEH.EAS, Owner is the ti tIed Owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more fully described as l,ot 14, I,ongview Subdivision Ci t.y of Hheat Ridge, County of Jefferson, State of Colorado, which property is hereinafter referred to as the "Property"; and WHEREAS, Owner ha s constructed a improvements and is desirous of Occupancy; aLel new re~~idence obtaining a and associated Certificate of 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 SUBDIVJ SIaN REGUI,NJ'IONS of the City; and WHEREAS, to be uniform and consistent with the existing neighbor- ing improvements, tl1e completion or non-complet:ion of those improvements as required by SEC'l'ION FIVE: IMPROVE:l>1EN'l'S of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting the Property and the neighbor- ing tracts of land; and v1HEREAS, in order to cCJnform 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 HEREBY AGREED THAT: 1. The responsibility for providing improvements along the street frontag8 of the Property, as set out in the SUBDIVISION REGUL1\'l'IONS of the Ci ty, is hereby acknowledged by the Owner. 2. The Owner has caused certain improvements to be constructec', on the Property and associated on-site improvements. 3. The existing improvement of prol-'erty frontage along Dudley Street is below those standards as set forth in the SUBDI VI SIaN REGULATIONS of the City, and tl1e completion of those improvements as required by Section Five: Improvements of Ule SUBDIVISION Rt:GULA1'IONS wi 11 make no significant change at the present in those streets frontiDg the property. 4. In accordance Vii th Section 5-45 of the Code of Laws of the City of Vlheat Ridge, Colorado, subsection E, the Department of Public works has c1etenlinec1 that public improvements along Dudley Street need not lie immediately constructec anC: tl1at execution of this Development Covenant is appropriate. The Owner agrees to participate in engineering and construction costs for the proper- ty's frontage along Dudley street when the street is brought in accordance with Clty street standards, or as directed by the Director of Public Works. The engineering and construction costs will be limited to tllose reasonabl e and necessary to construct Dudley Street to current local street standards, including earth- work, one half street width paving, curb, gutter and waD., and miscellaneous and iDcic:ental items. R~-C!--~F '1 T (]\',J t'\IO. q] 1 i _, ( ?j' /"~) .:1- jJ I DEVELOPMENT COVENANT Page 2 5. The Director of Public Works shall give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to Dudley Street vihich would affect the Property and will submit to the Owner a detailed cost breakdown and bi]) ing after Award of the construction COI1tract by City Council. The detailed cost estimate will include the Owner:' s pox.tic>n of tl1e cost of curb, gutter and sidewalk and associated pavement improvements and other items listed in Paragrapl1 4. 6. Upon receipt of tl1€ detailed cost estimate or billing, the Owner hereby agrees to pay to the City, within 45 days, the full amount of the detailed cost estimate or billing. The Owner also agrees to pay to the City any extra costs associated with the PubllC Improvements to the Propert:i due to variati ons in estimat- ed contract quantities or as a result of change orders within 30 days of written request for payment by the City. The City will pay to the Owner any overcharges paid to the City by the Ovwer within 45 days after final acceptance of the Public Improvements. y 7. Owner agrees to pay for all public improvements or hi llings within 45 days of written notice; Owner furtller agreeing that any amOUIJt r.esul ting from his failul-e to pay for any improvement or bill ing this improvement completed shall consb tute a lien upon the property above described in the actual amount of the public improvements or billing completed, less any payments made by Owner, plus interest on the amount unpaid at 10 percent (10%) 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's fees. 8. In the event all Improvement District or a Special Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVISION REGlil,A'l'IONS as tbel' exist at the date of execution of this Covenant, for curb, gut- ter, sidewalk related streEOt ar;d drair;age improvements, solely relating to those streets fronting on the property and neighbor- ing tracts of land, t.he O,,,ner or his assigns and successors agreE' nut to oppose its creation, or subsequent reasonable assessment of the costs to the property. 9. In the event o.r: Improvement District jS created by the City to provide tbe improvements as pI:ovided by the SDBDI VISION REGULl,,- TIONS, the costs assessed against the property shall not be disproporUonate with costs tlssessed to other nearby and like I,roperties. 10. This COVENAl-i'l' is executed by the Owner pursuant t.O tbe SUBDI- VISION REGULATIONS of the City of Wheat Ridge. 11. 'l'he Parties hereto agree that tllis DEVELOPMENT COVENAN'l', by its terms, shall be binding upon the city and the Owner and upon tlle assigns and successors thereof; and shall cansti tute covenants running with the property for a period of ten (10) years from the date of execution by the Owner. 12. 'l'he City, J.n its sole c1iscret.ion, may require a cash or surety bond to be held in escrow by the City to secure completion or 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, sa.Ld estinlate to be made at or about the time of the notice descrlbed in Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property' of the City. GI. rEF' T I llf'1 f\1f1. "I 112'"':J,' J// I ?;~.3 ;p ( r - DEVELOPMEWf COVENAN'I' Page 3 1]. The DEVI~L()PHEN'I' COVENANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and constitute a continuing covenant running witlt HIe land, providing however, that this DEVM,OPMENT AGREE!1ENT shall be released by the City upon the completion of the public improven1ents and complete and satisfactory payment by the Owner of all costs and fees associat- ed therewith of the public jn1provements described herein, which :) release shall be evidenced by a signed cJocument attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. SPECIAL PROVISIONS AND AGREEMENT This Development Covenant shall be in effect for a period of ten (10) years from the date of execution. IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: ~ ~'v Y .h U~~;-l { _" Public Works Department Community ~-~'?~ e:ity A mini" rator } ~ EXECUTED BY CITY: ~~.1..L(~~J Mayor, City of Wheat Ridge AT,!,E~T: _ ,01 ,~ /)A", VL~{___J _/-y/_,~, ! Ci ty Clerk . I SEAL EXECUTED BY OWNER: ~a~ J~ D. Chwirka a~ Rebecca A. Chwirka STATE OF COLORADO ) )S5 County of Jefferson) The foregoing instrument was acknowledged before me this a2\.\-\, day of (', \ \c\ r \ \\;; \ \, \':::::'i\ \ \~'C< ,'(\(" C, \ , 19SL, by ~.~.~ '""''''"V\\ \ --i) . , , J I.....\.... \: \ \ \ \. \. \V{\. . (\ \\\.\ ,I..'\\",(\' !vly commj ssion expires: -1 - ,..\ l\ - , 19 q'.> . J 11\ \\\\.~\{. \\, Notafy ,P _ blic - (0C ( ~ \ \ \.\\'0<.\..1:. \" \'\\\(~,f " I"'" 'I, ; 'f II ~ .,' () l. >;, .;. ",<''\000 ...~., '" /, ,~x:"; "':'./ '0 , ';"~:;~ fj" , C \ t, [; '( '-- ~ .: :,: \~ "f': . :. :. :f 0:....... <) .~ : :. ":~I' v:CJ~ - ,. ,: -. ;,'~ \.- \ : () .~ . --2'->> '~:.~..<:'~':! ' ~ ~~, . 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