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HomeMy WebLinkAboutHORSETOOTH VISTA MOBILE HOME PARK - Filed OA-OTHER AGREEMENTS - 2004-08-26ACREEMFNT1. THIS ACREEt;JINT, made and entered into this day of A.D. 19 , by and betv:,een THE CITY OF FORT COLLINS, a muni,^ipal corporation, hereinafter designated as City, andHUSKIN & CO hereinafter designated as Subdivider, WITNESSET11: WHEREAS, Subdivider is the owner of the property r.ore particularly described as follows and has subdivided or otherwise developed said lands, and WHEREAS, in coir.,2cti.on with said subdivision, it was necessary that Subdivider install a 6" inch water main along the following locations: and WHEREAS, Sections 41 through 43 of Ordinance No. 1.8, 1965 of the City of Fort Collins set forth the policies of the City regarding oversize mains and extension of mains through other lands, and WHEREAS, said water main as installed, in addition to benefiting the lands of Subdivider, also benefited to some extent the lands described herein, and WHEREAS, an accounting has been made to determine the cost of the installation of said water main and the complete cost of said water main was _ $41.500 (water�ressure and 6" line installati NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. Subdivider did install said water main, and said main was installed in accordance with the: requirements of the City Engineer of the City of Fort Collins, and the installation is approved by said City Engineer. 2. Upon the completion of the installation of said water main and the acceptance of the same by the City Engineerandfurther with the presentation to the City of proof that all bills and charges in connection with the installation of said water main have been paid, the City, pursuant to the provisions of Section 41 of Ordinance No. 18, 1965, is to pay to the subdivider the sum of , being % of the cost, as its share of the cost of installing said main. 3. It is understood and agreed that the main installed did benefit the property described below as well as the property of Subdivider; and in accr,dance with the provisions of Section 43 of Ordinance No. 18, 1965, the City will a.tempt to assess a charge against such other properties in order to reimburse Subdivider for some of the cost of such main. Such assessment of cost shall be required by the City before any part of the property benefited by said water main described herein, shall be served by said water main. The charge to be assessed shall be a percentage of the cost of the main borne by the Subdivider. Such percentage and benefit in this case would be as follows: Upon collection of such assessment, the City agrees to pay the same over to the Suldivider; provided, however, that the duty of the City to collect such assessments and pay the same over to the Subdivider shall not extend for a period of more than ten (10) years from the date of this agreement and provided further that in the event the City is for any reason prevented from collecting such assessments, then and in the event this provision of this agreement shall be null and void and the City shall have no obligation to reimburse the Subdivider for any part of the cost of said main other than as set forth in paragraph 2 above. IN WITNESS WHEREOF, the parties to this agreement have caused the same to be signed the day and year first hereinabove written. ATTEST: City Clerk ATTEST: C THE CITY OF FORT COLLINS, By City Manager By 'Subdivider Y 9:301UTIM O: TEE CCL'::';1?. OF ME CITY OF FOR"i COLLINS APPROVING AS:SOMAiLS. LOU. w1iUKAS, noretoLore by Ordinance No. 57, 1971, R❑ agreement with file Fom Collins-0vuland ',rater District was approved and autilorizcd, tha purpose of which '.;rCLient was to unable the City to furnish water service to certain lands situate within the No of Section 33, Township 7 North, Itani;e fig Kst of the iith P. M., in Lorimer County, Colorado; and !'&JERL:AK, Horsetouth Associaros, Ltd., is the developer of said lands and his 2M applicition for water service from the City; and W00AS, as a condition of such servico, the said iiorsetootih Asaiciaten, Q ., has agreed to contribute to we City the sum of Twenty- M., Mousand ..,, Nolin0 Doilara (133,000.00) to represent such developer's share of the contr'�.:cion made by the City to the Fort Collin; -Loveland Water District: for the purpose K improving the District's system ill accordance With the tnrM of 1240 QrUUMML between said District and the City; aril 'If'ii AS, an :teoca!: Win il.jea )•-0dr'•1 'JCtb't7en the. City and said dur5etool-h Associates, Ltu., prc'viSing for a tap from the City for said lan15 and wo i:4`.,'._IM of .till ..1ca"t to the ''.lc;, which agro moat has been , rovl l by tac My Kun,gwr and the City kttorney. :din, TKMML,32 1T RESOLVED uh TEA riMIL OF THE CITY OF FORT COLLINS char the ieras and ca"ditious of told agreement be and the :c ocr;by are c c.j,; cu and wVd,GvQ _nd TT FJMi1:C; MOLVED that. rho "ayor and City Clerk be and they hereby are wharizea d Q di.roated to axecute said agreement for and oil behalf of the City of Met Collins. Passed and adopted at ah adj a Ted meeting of the City Council held this 30th day of '0ecember, A. 0. 1971. �ye£ ATTEST: City Clerk A G R E E M F. N T THIS AGREEMENT is made and entered into this 20 M day of December, A. D. 1971, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter designated as "City", and HORSETOOTH ASSOCIATES, LTD., a Colorado limited partnership having as its sole corporate General Partner HUSKIN & COMPANY, a Colorado corporation, hereinafter designated as "Developer", W I T N E S S E T H: WHEREAS, the Developer is the owner of certain lands situate within the North 1/2 of Section 33, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado; and WHEREAS, the Developer desires water service from the City's wager system in connection with the development of said lands; and WHEREAS, the City has contracted with the Fort Collins - Loveland Water District for a tap on said District's water system in order to be able to provide water service to said lands, a copy of said contract being attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, said agreement provides that the City will contribute the sum of FIFTY SIX THOUSAND AND N0/100 DOLLARS ($56,000.00) toward the cost of improving the said District's water system, in order to provide water service on said lands, and the City made such agreement contemplating that the Develop- er of said lands would pay its share of such contribution. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, the parties hereto agree as follows: 1. The Developer agrees to pay to the City the sum of TWENTY FIVE TIIOUSAND AND N01100 DOLLARS ($25,000.00), representing its share of the contribution to be made to the District for the improvement of the District's system as above described. Such amount shall be paid to the City upon the Developer actually tapping in to the system, and it is speci- fically agreed that if such amount is not paid at such time, the City shall have no obligation to honor any tap agreement to provide water service to the lands described above. 2. If such contribution is paid by the date above set forth, the City agrees to grant taps to the Developer for water service from the City to the lands described above in accordance with the applicable ordinances of the City, as the same are in effect from time to time hereafter. 3. It is understood and agreed that the arrangement for obtaining water service through the lines of the Fort Collins -Loveland Water District was agreed upon in lieu of construc4..ing an extension of the water lines of the City of Fort Collins past the subject property, and that the contribu- tion of the Developer to be made pursuant to this agreement is in lieu of any requirement under the City's Ordinances that the Developer construct or participate in the construction of city water lines when necessary to serve its property. Nothing erein contained shall be construed as to changing any other requirement of the City for obtaining water service, and, specifically, this agreement shall not do away with any require- ments for furnishing raw water rights, payir.; tap fees, or other requirements. It is agreed that service of water to the Developer shall be at the applicable rates as set forth in the ordinances of the City of Fort Collins from time to time. -2- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST: City Mana r City-'C rk HORSETOOTH ASSOCIATES, LTD. By HUSKIN & COMPANY, the General Partner By: -3- AGREYMENT T11IS AGIU'.E_IENT, made and entered into this 16 day of August 1 A.D. 19 72 , by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as City, and Hoskin and Company hereinafter designated as Subdivider, WITNE.SSETH: WilERFAS, Subdivider is the owner of the property more particularly described as follows A tract in the NE 1/4 Section 33, T 7 N, R 69 W and has subdivided or otherwise developed said lands, and WHERL•'AS, in connection with said subdivision, it was necessary that Subdivider install a 6 inch water main along the following locations: Along South Taft Hill Road a distance of 2160 feet from Horsetooth Road thence west to Horsetooth Mobile Home Park. and WHEREAS, Sections 41 through 43 of Ordinance No. 18, 1965 of the'City of Fort Collins set forth the policies of the City regarding oversize mains and extension of mains through other lands, and WHEREAS, said water main as installed, in addition to benefiting the lands of Subdivider, also benefited to some extent the lands described herein, and WHEREAS, an accounting has been made to determine the cost of the installation of said water main and the complete cost of said water main was $16,500.00 NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: I. Subdivider did install said water main, and said main was installed in accordance with the requirements of the City Engineer of the City of Fort Collins, and the installation is approved by said City Engineer. 2. Upon the completion of the installation of said water main and the acceptance of the same by the City Engineer and further :with the presentation to the City of proof that all bills and charges in connection with the installation of said water main have been paid, the City, pursuant to the provisions of Section 41 of Ordinance No. 18, 1965, is to pay to .the subdivider the sn:n of None I None % of the cost-, as its share of the cost of installing said main. 3. It is understood and agreed that the main installed did benefit the property described below as well as the property of Subdivider; and in accordance with the provisions of Section 43 of Ordinance No. 18, 1965, the City will attempt to assess a charge against such other properties in order to reimburse Subdivider for some of the cost of such main. Such assessment of cost shall be required by the City before any part of the property benefited by said water main desrri.bed herein, shall be served by said water main. The charge to be assessed shalom be a percentage of the cost of the main borne by the Subdivider. Such percentage and benefit in this case would be as follows: University Mobile Home Park 1297' $7,229.90 Taft Associates 1363' $7,597.80 Rob -Lee 6 Associates 300' $1.672.30 2960' $16,500.00 Upon collection of such assessment, the City agrees to pay the same over to the Subdivider; provided, however, that the duty of the City to collect such assessments and pay the same over to the Subdivider shall not extend for a period of more than ten (10) years from the date of this agreement and provided further that in the event the City is for any reason prevented from collecting such assessments, then arLd in the event this -provision of this agreement shall be null and void and the City shall have no obligation to reimburse the Subdivider for any part of the cost of said main other than as set forth in paragraph 2 above. IN WITNESS WHEREOF, the parties to this agreement have caused the same to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, Bye<y«� ity Manager ATTEST: City Cleric By Subdivider ATTEST: