1270 TAMARACK LOCAL IMPROVEMENT DISTRICT AGREEMENT REC# 0340770903407709 10/14/2014 02:19 PM
RF: $26.00 DF: $0.00 Page: 1 of 4
Electronically recorded in Boulder County Colorado. Recorded as received.
LOCAL IMPROVEMENT DISTRICT AGREEMENT
This Agreement is entered into this Vrt day of a , p(+, by and
between the City of Boulder, a Colorado home rule city, ( "the City "), and Soterios Palmos (the
"Owner ") the owner of property located at 1270 Tamarack Avenue, Boulder, Colorado, (the
"Property ") more specifically described as Lot 3, Block 7, Moore's Subdivision, County of
Boulder, State of Colorado.
RECITALS
WHEREAS, the Owner's predecessor, Tally & Company, a Colorado general
partnership, entered into an Annexation Agreement with the City on or about September 23,
1997 and recorded at Reception No. 1748529 in the records of the Boulder County Clerk and
Recorder (the "Annexation Agreement "); and
WHEREAS, the purpose of this agreement is to fulfill a condition of the Annexation
Agreement related to the construction of certain public improvements; and
WHEREAS, the Owner agreed that at or prior to subdivision or redevelopment of the
Property, whichever occurred first, to sign an agreement to participate in and not to remonstrate
against the establishment of a Local Improvement District to provide for the
construction of certain public improvements; and
WHEREAS, the Owner desires to redevelop the Property; and
WHEREAS, the City agreed, in the formation the LID, to pay fifty (50 %) percent of the
costs to improve the existing pavement section of the following streets to City of Boulder
standards:
I JVland from Broadway to I 9th Street
• Portions of Tamarack from Broadway to Crestview School
• l3th Street from Upland to Violet
• Sumac from Broadway to 19th Street: and
WHEREAS, the Owner and the City agreed that the following costs of all transportation
improvements, including but not limited to, road base, pavement, curb, gutter, sidewalks, and
drainage facilities shall he paid for 1 00% by the property owners in the LID:
• 13th Street, between Upland and Violet, as a standard rural residential street with
sidewalks on one side
• 15th Street, between Upland and Tamarack, as a standard rural residential street
with sidewalks on one side
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Boulder County, CO 03407709 2 of 4
• Upland Avenue as a standard rural residential street with drainage improvements
and a sidewalk on one side
• Tamarack Avenue as a standard rural residential street with drainage
improvements,
and a sidewalk on one side
17th Street between Upland and Violet as a rnt1lti -use path for pedestrians,
bicycles, and emergency access for police and fire.
COVENANTS
NOW THEREFORE, in consideration of the covenants and obligations contained herein,
1. The Owner agrees that if the City of Boulder determines that the above referenced
public improvements should be constructed or reconstructed by the City through the formation of
a local improvement is ric , the Owner agrees that above referenced public improvements
would be of special benefit to the Property and agrees to join in a petition for the improvements
as the same are to be made by the City and not remonstrate against such improvements as the
same are to be made by the City and further agrees to pay the cost of such improvements as
determined by the City on a basis consistent with that of the assessments trade against other
properties for such improvements.
2. In the event the Owner breaches or fails to pay all monies due under the terms of
this Agreement, the Owner agrees that the City may collect said monies in the manner provided
for in Section 2 -2 -12, B.R.C. 1981, as amended, as if said monies were due and owing pursuant
to a duly adopted ordinance of the City. Owner agrees to waive any rights lie may have under
Section 31 -20 -105, C.R.S. as amended, based on the City's lack of an enabling ordinance
authorizing collection of this specific debt.
The terms of this Agreement shall be binding upon the Owner and his heirs, successors
and assigns. If this agreement shall be deemed to create an interest in land, such interest shall
vest, if at all, during the lives of the undersigned plus twenty (20) years and three hundred and
sixty-four (364) days.
This Agreement is intended by the parties to be a covenant remaining with the land and
shall be recorded in the Office of the Clerk and Recorder of Boulder County to provide notice to
Boulder County, CO 03407709 3 of 4
OWN .
Soterios Palmas
STATE OF COLOR OR ADO 1
) ss.
COUNTY OF BOULDER
SUBSCRIBED AND SWORN to before me, a notary public, this day of
by Soterios Palmos.
Witness my baud-and official seal.
(seal)
ny
Notary Public
My commission expires:
Boulder County, CO 03407709 4 of 4
CITY OF BOULDER,
a Colorado home rule city
By: �
Jane S. Brautigam, City Manager
ATTEST:
.. f
City Clerk
APPROVED AS TO FORM:
i�f kc-'t- ?C A�'c L-"� C
City Attorney's Offic
Date: _5 ' a o 14