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Home My WebLink AboutFUQUA ARBOGAST - Filed OA-OTHER AGREEMENTS - 2003-10-29MEMORANDUM OF AGRFI;P M THIS AGREEMENT, made and entered into this 27th day of June A. D. 19 6_, by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Ottie B. Piqua, Geo. F Arbogast , Ruth Ann Arbogast and Elliott Miller Const. Co. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as aqua Arbggast S13hr3; v,g; on For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. 2. .:Cn consideration of the approval of said plat by first -�' party, and first party's Planning and Zoning Board, second party agrees as follows: (A) To submit to first party the following detailed improvement plans, acceptable to the first party: (1) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's Existing water distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first partyts existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyts existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (5) Plans and profiles of the proposed street drainage system showing the connections to the first partyts storm sewer system and including all storm sewer inlets and manholes. 1:6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdividerls approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto ta.ffiXed jkttest to by its City Clerk, pursuant to motion of the Council of the City of ---- -- -Fort Collins dated the hth day of April A. D., 19 683 and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: Ci y Cler THE CITY OF FORT COLLINS. A Municipal Corporation By ,C- C ��I dam• Mayor First Party (SEAL) Second Pa,ty //�� Cit7,, Engineer AGREEMENT THIS AGREEMENT, made and entered into this day ofSu_, A.D. 1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and ABRAM PAUL BOONE, owner, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Split Rail Group Home, heing Lot 2 of the Fuqua -Arbogast Subdivision, being a plat of record within the City of Fort Collins, Larimer County, Colorado and recorded with the Larimer County Clerk and Recorder. WHEREAS, the above described property is located in the R-L zoning district of the City of Fort Collins, Colorado, and WHEREAS, group homes are among the permitted uses in said zoning district, but only upon the special review of the Planning and Zoning Board of the City, and WHEREAS, the Developer is desirous of submitting to the Planning and Zoning Board a subdivision plat and/or site plan for review and possible approval as a group home so to enable the developer to use said property in conformance with the ordinances of the City. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. The Developer shall submit, to the City all necessary subdivision plats, site plans and/or other documentation necessary to enable the Planning and Zoning Board of the City to review the group home use of the facilities situated upon the ahovementioned real property. 2. That, in the event of approval by the Planning and Zoning Board of said use, the Developer agrees to abide by all terms and conditions established by said Board with regard to said use and further agrees to participate by monetary contribution in the physical improvement of West Prospect Roadacent adjacent to the abovementioned property at such time and in such amount as is deemed to be necessary in the public interest in the discretion of the City. 3. The developer shall complete all improvements and perform all other obligations as shown on the recorded plat and/or site plan pertaining to the subject property of this agreement or on any replat/site plan subsequently approved by the City, and the City may withhold any such building permits and/or Certificates of Occupancy as it deems necessary to insure the Developer's performance hereunder. In addition, it is agreed and understood between the Developer and the City that the City shall have the right to refuse issuance of building permits and certificates of occupancy in the subject development as the City, in its sole discretion, shall deem necessary in order to insure performance by the Developer of any other obligation the Developer may have to the City, whether pursuant to other agreements, or otherwise. 4. Nothing herein contained shall be construed as a waiver of any fees or requirements of the City Code, and the Developer agrees to comply with the same. -2- 5. In the event the City waives any breach of this agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof. 6. This agreement shall run with the real property hereinabove described and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, assignment of any portion of the Developer's proprietary interest in the real property hereinabove described, as well as any assignment of the Developer's rights to develop such property under the terms and conditions of this Agreement. 7. In the event the Developer hereafter transfers title to such real property and is thereby divested of all equitable and legal interest in said property, the City hereby agrees to release said Developer from liahility under this agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. ATTEST: City Clerk -3- THE CITY OF FORT COLLINS, COLORADO A Mu cipal CorporationBy Cl- City Manager APPROVED AS TO FORM /P OWNER / . Abram Paul Boone�� -4-