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HomeMy WebLinkAbout0159 It- f_, ' Lj DEVELOPMENT COVENANT RECEPTION NO. 92155438 12/02/92 10:40 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO P()-(){) ~o ~D. . (0 THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this ~ day of nC~oQ~r , 1992, between the City of Wheat Ridge a Municipal Corporation, hereinafter referred to as City ~nd Lutheran Medical Center, hereinafter referred to as owner', and concerns property located at 8300 West 38th Avenue, Wheat Ridge Colorado 80033. ' J~ t/ WITNESSETH: WHEREAS, Owner 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, Owner is in the process of obtaining a Building Permit for the purpose of relocating and expanding the Emergency Room facility; and WHEREAS, Owner desires to obtain a Certificate of Occupancy for the addition; 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 HEREBY 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 the Owner. 2. The Owner is intending certain improvements to be constructed on the Property, including the expansion and relocation of the Emergency Room facility. The Owner has agreed to the following conditions: A. When the city determines that a traffic signal at Lutheran Parkway West and West 38th Avenue is warranted and necessary to maintain smooth traffic flow, the Owner shall provide for a signal by one of two methods: i. The Owner shall design, provide and install the traffic signal at their expense, or ii. If the Owner and the City mutually agree, the City shall design and install the traffic signal at the Owner's expense. A traffic signal will not be installed until it has been determined by the City that the traffic conditions at the intersection satisfy at least one or more of the warrants specified in the most recent edition of the Manual on Uniform Traffic Control Devices, DOT/FHWA. In addition, the installation of a traffic signal must further be determined to benefit the health, safety and welfare of the general motorizing public. The Owner will be required to provide a traffic signal at this intersection within twelve (12) months of notification fLorn the City th~t the above conditions have been met. B. signal at this specifications Design materials and construction of the traffic intersection, shall conform to City standards and and shall be subject to City approval. C. The traffic signal shall be interconnected with adjacent traffic signals to the east and west on 38th Avenue and shall be 100% compatible with the City's computerized traffic signal system. 3. In accordance with Section 5-94.1 of the Code of Laws of the :ity of Wheat Ridge, ~olorado, Subsection E, the Department of P':1bl1c Works has detenuned that the construction of a traffic ~1gna~ at West 38th Avenue and Lutheran Parkway West need not be 1mmed1ate~y constru?ted and that execution of this Development ); cov~nant.1s appropr1ate. . The Owner agr~es to participate in the Eng1neer1ng and Construct10n cost for th1s traffic signal when it becomes warranted as specified in section 2A of this document or as directed by the Director of Public Works. The engineering'and construction costs will be limited to those reasonable and necessary to construct the traffic signal in accordance with section 2B and 2C of this document. 4. 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 West 38th Avenue which would affect the Property and will submit to the Owner a detailed cost breakdown and billing after Award of the Construction Contract by the City Council. The detailed cost estimate will include the Owner's portion of the cost for construction and interconnection of the traffic signal. 5. Upon receipt of the 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 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 will pay to the Owner any overcharges paid to the City by the Owner within 45 days after final acceptance of the Public Improvements by the city. 6. Owner agrees to pay for all public improvements or billings within 45 days of written notice; Owner further agreeing that any amount resulting from his failure to pay for any improvement thus completed shall constitute a lien upon only that portion of the Property above described which constitutes the Final Development Plan for the emergency room facility 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 co~ts incurred by the City in collecting same, including court costs and attorney's fees. 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 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. 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 COVENANT is executed by the Owner 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 the OwneL and upon the 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 RECEPTION NO. 92155438 Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property of the city. 12. 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, providing however, that 3 this DEVELOPMENT COVENANT 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. SPECIAL PROVISIONS AND COVENANT This DEVELOPMENT COVENANT shall be in effect for a period of ten (10) years from the date of the Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on date first shown. RECOMMENDED BY: ~MML Pub11 Wor s epartment ~~-/ /- ./ city Adm1n1 trator J APPROVED is ~o Fofu.t: /' ~) --------, Attorney C; BY CITY: , STATE OF COLORADO ) ) ) SS COUNTY OF JEFFERSON ,';I;,~~ !oreg9ing instrument was acl)llow~edg~d ~fo;e me, this day' OT 'I; r:.'cr:~-iLR/Z - , 1992, by ,C--< (' A <:., ~z_ v"- j'-" (.../ ,/J n , :: I), {' . ,{ f \ ~ \, '- ''l' /"'-- ..... .. . ,,' <c. .:. ,p. ~lfY _ v}- ~;..\(, -. t...r,1 J \', ~s ,,) '4.... . "1, '''. _, ,\,/ '/"",:- .'.1~4' "'''' " JF ~ -ct. t. ;L-~/''-. , ., I l (... I( < c",\.... .....;. Notary,Public in and for The State of Colorado My Commission Expires: [ .)/' c...) (J/'-' f /-..J RECEPTION NO. 92155438 8300 West 38th Avenue Wheat Ridge, Colorado 80033 (03) 425,4500 Lutheran Medical Center October 5, 1992 RECEPTION NO. 92155438 q Mr 0 Robert Goebel Director of Public Works City of Wheat Ridge 7500 West 29th Avenue Post Office Box 638 Wheat Ridge. Colorado 80034-0638 REo SIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT Dear Mr. Goebel: Lutheran Medical Center hereby agrees to construction of the sidewalk on the south side of West 38th Avenue located within the final development plan of the emergency room at Lutheran Medical Center to design standards and specifications of the City of Wheat Ridge. Further. inasmuch as Lutheran Medical Center is maintaining roadways, parking areas and sidewalks within the campus, it agrees to also maintain the mentioned sidewalk on West 38th as a part of that effort. This agreement shall be in perpetuity, or until such time as other arrangements are mutually agreed upon by the parties. If you should have any Questions regarding the commitment to construct and maintain this sidewalk, please advise. Very truly yours, .t!~,~~/ Executive Director and Vice President RL T Icp STATE OF COLORADO ss. COUNTY OF JEFFERSON Subscribed and sworn to before me by RICHARD L. TAYLOR, in his capacity as Executive Director and Vice President of Lutheran Medical Center. this ~J,,--- day of ". \&-&t:7<<-.Lcoc . 1992 \\..'10' " ,4~~,\ -~': '~/ ..., \, ',,' '- ..':. , , ~J -~ ~. . ...-, .' '. '/('~. " /,'.. . ~l '7 4;"'--- N0ta~C"i!1~o', {~J~t.lthe State of C&lor~dq 'I .. "~'r"'" , ;< My c~~~~~s;~~';~xPi~:~"r}i I /93 ,~.... rJ .,~ - : ) 1 J L 1...., t ~J . ~ ._J ....l... . .."" '. .,....