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RECEPTION NO. I:: 11 .\ 1 t.:, (-., ~'.'i
19/18/2000 15~12~23 PG~ 001-004
~~GE FEE: 20.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
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DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorIZed by the SUBDIYISION REGULATIONS of the City
of Wheat Ridge, is entered Into this f'T! day of A 1141/ $l , 2000 between the City
of Wheat Ridge, a Municipal Corporation, hereinaft;r ;e rred to as City, and George T. Sanders,
hereinafter referred to as Owner, and concerns property located at 10201 W, 49th Avenue.
Wheat Rldqe. Colorado.
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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 as , City of Wheat Ridge, County of Jefferson,
State of Colorado, which property IS hereinafter referred to as the "Property"; and
WHEREAS, Owner IS In the process of constructing a new reSidence and associated Improvements
and IS desirous of obtaining a building permit; 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 unrform and consistent with the eXisting nelghborrng Improvements, the
completion or non-completion of those Improvements as required by SECTION FIVE:
IMPROVEMENTS ofthe SUBDIVISION REGULATIONS will make no significant change atthe present
In those streets fronting the Property and the nelghborrng tracts 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 HEREBY AGREED THAT:
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 has caused certain Improvements to be constructed on the Property and
assOCiated on-site Improvements.
3. The eXisting improvement of property frontage along the Miller Street frontage of said
property IS below those standards as set forth in the SUBDIVISION REGULATIONS of the
City, and the completion 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.
4, In accordance with Section 5-45 of the Code of Laws ofthe City of Wheat Ridge, Colorado,
subsection E, the Department of Public works has determined that public improvements
along the Miller Street frontaqe need not be Immediately constructed and that execution of
thiS Development Covenant is appropriate. The Owner agrees to partiCipate in englneerrng
and construction costs for the property's frontage along the Miller Street frontage when the
street IS brought In accordance With City street standards, or as directed by the Director of
PubliC Works. The englneerrng and construction costs will be limited to those reasonable
and necessary to construct the Miller Street frontaae to current local street standards,
including earthwork, one half street Width paving, curb, gutter and walk, and miscellaneous
and incidental Items,
RECEPTION NO. F:I. :I. j:l. f, f; ~"j
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DEVELOPMENT COVENANT
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5, The Director of Public Works shall give written notice and an estrmate of costs to the Owner
30 days prior to advertisement of any malor improvements to the Miller Street frontage "'?
which would affect the Property and will submit to the Owner a detailed cost breakdown and ;V
billing after Award of the constructron contract by City CouncIL The detailed cost estimate
will Include the Owner's portion of the cost of curb, gutter and Sidewalk and associated
pavement Improvements and other Items listed In Paragraph 4,
6. 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 quantrtres 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 pOld to the City by the Owner within 45 days after final acceptance of the
Public Improvements
7 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 or billing thiS Improvement completed shall constitute 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 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 Covenant, for curb, gutter, Sidewalk related street
and drainage Improvements, solely relatrng to those streets fronting on the property and
neighboring tracts of land, the Owner or hiS assigns and successors agree not to oppose its
creation, or subsequent reasonable 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 SUBDIVISION REGULATIONS, the costs assessed against the property shall
not be disproportionate with costs assessed to other nearby and like properties,
10. ThiS COVENANT is executed by the Owner pursuant to the SUBDIVISION REGULATIONS
of the City of Wheat Ridge,
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 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, said estimate to be made at or about 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,
12, The DEVELOPMENT COVENANT shall be recorded With the Clerk and Recorder of Jefferson
County, Colorado, and constitute a continuing covenant running With the land, prOViding
however, that thiS DEVELOPMENT AGREEMENT shall be released by the City upon the
completion of the publiC Improvements and complete and satrsfactory 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.
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DEVELOPMENT COVENANT
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RECEPTION NO. F II .l:l. C D~)
13.
SpeCIal Conditions
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(a) Owner is to provide to the City a Letter of Credit In an agreed amount to serve as
guarantee for the construction of the following Public Improvements' concrete
handicap ramps and driveway access along the W, 49th Avenue frontage, and
asphalt paving along the Mrller Street frontage
(b) In speCial consideration of the provIsions In paragraph (c) below, (the future
dedication of Tract "A"), the City will allow the owner to reimburse the City for actual
construction costs of the Miller Street frontage curb, gutter and Sidewalk
(approximately 216 linear feet) at the time of construction rather than the remiSSion
of escrow funds at this time, The owner hereby agrees to pay the City actual
construction costs based on actual bid pnces Within 30 days of notice by the Director
of Public Works. Failure to make payment will result In the placement of a lien upon
the property to collect said costs. In the event the City determines, In It'S sole and
exclUSive discretion, that the Miller Street publiC Improvements wrll be constructed,
and West 50th Avenue wrll not be extended from Kipling Street to Mrller Street, the
City agrees to release any and all claims It has to Tract A.
(c) In the event the City determines, In it's sole and exclUSive discretion, that the Miller
Street publiC Improvements will not be constructed, and West 50th Avenue is
extended from Kipling Street to Mrller Street, the owner, hiS heirs, successors and
assigns hereby agree to dedicate Tract "N of Sanders Industnal Park Consolidation
Plat, to the City of Wheat Ridge for roadway and pedestnan purposes, The City
agrees to construct all new public Improvements related to the 50th Avenue extension
at ItS expense. This Includes the complete northern property line of the Sanders
Industnal Park as well as any and all Improvements Within Tract "A" The dedication
of Tract "A", which IS approximately 5,000 square feet will be complete compensation
to the City for these Improvements.
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DEVELOPMENT COVENANT
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RECEPTION NO. F:I. 1 :ll (, f, ;'i
IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown,
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RECOMMENDED BY:
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Public orks D~~a ment
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Planning & Development Department
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City Managet'________
ATTEST:
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EXECUTED BY OWNER:
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STATE OF COLORADO)
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County of Jefferson )
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The foregoing Instrument was acknowledged befo~e me this J.::::::. day of\,,~ \,1 f'\ I ') ,
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Notary Public
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