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HomeMy WebLinkAboutRIVERSIDE THIRD REPLAT - Filed OA-OTHER AGREEMENTS - 2004-02-04AGREEMENT THIS AGREEMENT is made and entered into this _ day of March, A.D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and ROBERT N. HUMPHREY and MAURICE L. DEINES, hereinafter sometimes designated as "Owners", WITNESSETH: WHEREAS, Owners are the owners of property described as follows: Replat of the Riverside Subdivision, Third Filing, in the City of Fort Collins, Colorado; ,,nd WHEREAS, such property abuts on Riverside Avenue in the City of Fort Collins; and WHEREAS, the City has improved Riverside Avenue adjoining this property with curb, gutter, asphalt pavement and street lighting; and WHEREAS, such improvements were accomplished in Street Improvement District No. 69 of the City of Fort Collins; and WHEREAS, the total cost of such improvements to he paid by the Owners as the owners of property adjoining Riverside Avenue on account of the work in such district is Twenty Seven Thousand Seven Hundred Sixty Seven Dollars and Ten Cents ($27,767.10); and WHEREAS, because of the limitation on assessments contained in Section 16-20 of the City's ordinances pertaining to special improvement districts, the entire amount to be ;)aid by the property owner was not assessed but only the sum of Eight Thousand Nine Hundred Sixty Six Dollars and Sixty Six Cents ($8,966.66) was assessed on the assessment roll for such improvement district; and WHEREAS, Section 16-20.1 of the City ordinances relating to special improvement districts provides that no improvements may be constructed on any parcel of land until the full share of the adjoining property owner payable on account of improvements installed in a special improvement district is raid or assessed; and WHEREAS, the parties desire to provide for the payment by the property owner of the additional Eighteen Thousand Eight Hundred Dollars and Forty Four Cents ($18,800.44) which is owing on account of the improvements in said District No. 69. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The Owners acknowledge that the sum of Eighteen Thousand Eight Hundred Dollars and Forty Four Cents ($18,800.44) which was part of the Owners' share of the improvements above referred to was not assessed and will be collected by the City in accordance with the ordinance referenced above. -2- 2. The parties agree that such amount shall be collected on the basis of $12.9701 per adjacent front foot abutting Riverside Avenue. 3. Any amount payable pursuant to this agreement shall be paid at the time a building permit is taken from the City for any property to be improved with building improvements. 4. Until such time as a building permit is requested for any parcel of the subject property, no amount shall be payable hereunder. IN WITNESS WBEREOF, the parties hereto have signed this agreement the day and year first hereinabove written. ATTEST: City Clerk THE CITY OF FORT COLLINS, COLORADO ROBERT N. HUMPHREY MAURICE L. DEINES -3-