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File #: 2017-4846   
Type: Resolution Status: Approved
File created: 9/27/2017 In control: City Council
On agenda: 10/12/2017 Final action: 10/12/2017
Title: Consider a resolution authorizing the Mayor to execute a Development Agreement with Auspro Enterprise, LP.
Attachments: 1. Resolution, 2. Exhibit A, 3. Exhibit B

Title

Consider a resolution authorizing the Mayor to execute a Development Agreement with Auspro Enterprise, LP.

 

Body

The purpose of this Development Agreement is to settle the lawsuit between the City and Auspro Enterprise, LP.

 

At the time of the annexation, the City was unaware that the Property was located within the service area of the Manville Water Supply Corp. (for water) and the Windermere Utility District (for wastewater).  Therefore, the City cannot provide water and wastewater service to the Property.

 

The terms of the Development Agreement are as follows:

 

1.                     City agrees to disannex the Property.

2.                     City is relieved of all obligations to provide water and wastewater service, as well as all other City services.

3.                     City will not refund any fees or taxes.

4.                     Owner will pay in full the past due amount of drainage utility fees ($8,252.31).

5.                     Owner agrees that the uses of the Property is limited to its current zoning.

6.                     Owner agrees to abide by all City building codes.