HomeMy WebLinkAboutHARVARD PUD, THE EGG & I RESTAURANT ADDITION - PRELIMINARY & FINAL - 73-87 - CORRESPONDENCE - LEGAL DOCUMENTS DeveloSent Services 4110
Planning Department
City of Fort Collins
MEMORANDUM -
I
TO: James M. Davis, irector-of Development Services
FROM: Tom Peter•• o of Planning
THRU: Ted Shepard, City Planner
RE: Execution of Vested Rights Waiver
DATE: July 8, 1988
The attached Stipulation and Agreement obligates the developer and owner of
an Amended Final P.U.D. that such plan constitutes a site specific development
plan. This Stipulation and Agreement is necessary in order to comply with
state law 24-68-102 (4), C.R.S., which became effective on January 1, 1988.
This state law required all plans approved, by the City . be classified as site
specific, from which vested development rights accrue or not site specific.
City Ordinance No. 2-1988 amending Chapter 29 of the City Code adopted the
vested rights on a local basis. Ordinance No. 2-1988, however, did not become
effective until January 29, 1988. Therefore, all plans approved at the regular
meeting of the Planning and Zoning Board of January 25, 1988 fell in between
state law compliance, effective January 1, 1988 and the City Ordinance,
effective January 29, 1988.
The attached Stipulation and Agreement is made between the developer/owner
of plans approved at the January 25, 1988 Planning and Zoning Board hearing
and the City. The intent is to pfovide a legal instrument which, on an individ-
ual basis, accomplishes the same purpose as the State law and City ordinance.
With the City ordinance now in effect, this gap between state and local laws is
now closed. All future plans approved by the Planning and Zoning Board will
be covered under City Ordinance No. 2-1988 and instruments suck,, as the
attached Stipulation and Agreement will be unnecessary. This has been
reviewed by the City Attorney's office and your- execution of the Stipulation
would be in order.
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT is executed this Iitk day of
January, 1988,. by and between the CITY F FORT COLLINS COLORADO
(City) and The. EG G ar< ct (Developer) .
WHEREAS, the Colorado General Assembly has provided for the.
establishment under certain circumstances of vested rights in the
development of real property in the State of Colorado;
WHEREAS, pursuant to 24-68-102 (4) , C.R.S. ,; what constitutes a
site specific development plan that would trigger a vested prop-
erty right shall be finally determined either pursuant to ordi-
nance or upon an agreement entered into by :the City and the
Developer;
WHEREAS, as of the 25th day of January, 1988, the City's
ordinance identifying and specifying "site specific development
plans" shall not yet have taken effect; and
WHEREAS, the purpose of this Agreement is to accomplish, by
agreement entered into between the City and the Developer, an
understanding of what constitutes a site specific development .
plan pursuant to Colorado statute.
NOW THEREFORE, in consideration of the mutual promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
1. The approval, by the City Planning and Zoning Board,
of January 25, 1988, of the following described pro-
ject, to-wit:
T H E E& t Re.�fc u. ra't Ira e r .
y, I I'
- 7/1'k Legs J descr ip+. c ;
I!9 i n n i\y at- +ke NE corner of--
CoriVany proj3e r4y; -1 kence n cr+e. arm) III Lay 287 firn }ag
coact 1 (U fee+ • -4 nce we..sk 2.00 ee{-• ' enc.o_ sou th ( Ii{ � {
gene- ectJ aJenq -f-lo_ khrr 14, 1in4. of -4 America, Purr; re.
C ray Zoo -fie✓t to 4-e po►tvh of b4.3i ran lr
fse),d1t/ shall/ constitute a site specific-develop-
v773 ment plan as defined in Title 24, Article 68 of the
Colorado Revised Statutes. (If the aforesaid project
shall be deemed to constitute a site specific devel-
opment plan, it is further understood and agreed bet-
ween the parties that said site specific development
plan shall be governed according to the terms of
Ordinance 2, 1988 and Ordinance 3, 11988 as though
said ordinance were fully in effect at the time of
approval of the aforesaid development..;.
Kv
411
2 . If a court of competent jurisdiction should determine
that any part of this Agreement shall be invalid or
unconstitutional, then the remaining 'portions of this
Agreement shall continue in effect and shall not be
affected by the invalidity of the other portion or
portions.
3 . This Agreement shall be- deemed to run with the land
as described in the aforementioned project and shall
inure to the benefit of the parties, their heirs,
successors, representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
City of Fort Collins, Colorado
a municipal corporation
•
c4
By _
ATTEST:
•
City Clerk
APPROVED AS TO FORM:
Assistant City. Attorney ,,
(Owner)
/6r0 J:0;14M(,)
year first above written.
77 EGG