HomeMy WebLinkAboutPackets - Council Packets (32) AGREEMENT CONTRACT
THIS AGREEMENT is made and entered into between Future Arizona, Inc.
("Developer"), an Arizona corporation, whose address is c/o Peter A Fasseas,President,
1555 North Astor Street, Chicago, Illinois 60610-0167, and its successors and assigns as
the legal owner of the real property legally described as the Northwest Quarter of Section
15, Township 12 South, Range 13 East, parcel number 224-39-0020 consisting of
approximately 152 acres (the "Development Property"), and William and Kimberly
Brooks ("Brooks"), a married couple dealing with their Community Property, are the
legal owners of the real property commonly known as 10021 N. Placita Cascabella (the
"Brooks Property").
RECITALS
Developer and Brooks desire to enter into an agreement whereby Brooks will
support Developer's pending rezoning application ("Rezoning Application") of the
Development Property in exchange for the construction of certain drainage improvements
on the Brooks Property, as described below.
NOW, THEREFORE, Developer and Brooks agree as follows:
1. Brooks, in consideration of the following promises by Developer, hereby
agrees to withdraw and/or withhold all of their respective objections to the Rezoning
Application.
2. Developer, after approval of the Rezoning Application, and concurrently
with construction of the neighborhood proposed on the Development Property, hereby
agrees to:
(a) Construct at Developer's sole cost and expense drainage improvements
sufficient to remove the Brooks residence currently constructed on the
Brooks Property from the existing mapped FEMA Flood Plain designation
of Zone A. Developer will consult with Brooks on the choice of materials
to insure these improvements are aesthetically compatible with the
neighborhood. Developer will process the necessary applications to
effectuate the FEMA map revision. To facilitate this work, Brooks shall
grant across the Brooks Property a temporary and a perpetual construction,
drainage, and maintenance easement of sufficient size to allow the
foregoing improvements to be constructed and maintained. On-going
maintenance and repair of this drainage improvement shall be the
responsibility of the HOA of the proposed development;
(b)Construct the drainage improvements per the preceding paragraph in such a
way that the drainage improvements shall not impair Brooks' ability to
install a 28'x48' garage south of the existing rear yard on the Brooks
Property; and
(c) Indemnify and hold harmless Brooks and their successors in title to the
Brooks Property against any and all claims related to the drainage
r
improvements installed by Developer per the preceding paragraph if the
claim results from the act or neglect of Developer;
c--14.
IN WITNESS WHEREOF the foregoing Agreement is hereby executed this
day of i\4. , 2016.
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03/0 51(G
Ham Brooks Date
STATE OF ARIZONA )
) SS
COUNTY OF PIMA )
This instrument was acknowledged before me this day ,, ,, .of ' `` ,
2016, by William Brooks.
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Kimberl-, Brooks Date
STATE OF ARIZONA )
) SS
COUNTY OF PIMA )
This instrument was acknowledged before me this 5- day .of 4 , '
,
2016, by Kimberly Brooks.
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Notary Public
My Commission Expires: -.71,7-----57-.74e—
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3/27//
Peter A. Fasseas, President Date
Future Arizona,Inc.
1555 N. Astor St.
Chicago, IL 60610-0167
A r tomAi
STATE OF fli-O )
Pty, ) SS
COUNTY OF )
This instrument was acknowledged before me this Z14day of 2016
by Peter A. Fasseas.
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Notary Public
OFFICIAL SEAL
Expires: F” , l 2. So 1
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My Commission Ex
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PIMA COUNTY
" ' My Comm. Exp. Feb. 12,2017