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HomeMy WebLinkAboutLOOMIS ADDITION BLOCK 291 - Filed OA-OTHER AGREEMENTS - 2003-12-18AGREEMENT THIS AGREEMENT, made and entered into this &" day of J4�W?_, A.D. 1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and MARTIN LUTHER HOME FOUNDATION, a Nebraska non-profit corporation, 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: Martin Luther Group Home, being Lot 22, Block 291, Loomis Addition, 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-I_ 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 improvements situated on said property are presently being used by the Developer for the purpose of a group home without the review or approval of the Planning and Zoning Board, so that said use is in violation of City Ordinances, 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 of the abovementioned use of said facilities as a group home so as to bring the same into conformity 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 abovementioned real property. �. That, in the event of approval by the Planning and 7oning 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 the alley adjacent to the ahovementioned 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 -2- 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. 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. 5. 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 he 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 liability 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. -3- sm ATTEST: LCity Clerk � APPROVED: ATT ST; ' iene oselin !i e P side i THE CITY OF FORT COLLTNS, COLORADO A Mun'cipal Corporatio By City Manager MARTIN LUTHER HOME FOUNDATION,a Nebraska non-profit corpVation H. Walter Freuhling, Chief EXeCUt1V0' Officer m (Corporate Seal)