HomeMy WebLinkAboutFRONT RANGE BAPTIST CHURCH MINOR SUB - Filed OA-OTHER AGREEMENTS - 2002-10-22RCPTN # 91021588 05/21/91 10:10:00 # PAGES - 6 FEE - $30.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this f�ti" day of May, 1991, by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter
referred to as "the City," and Front Range Baptist Church, hereinafter referred
to as "the Developer."
W I T N E S S E T H :
WHEREAS, Section 26-372 of the Code of the City of Fort Collins (the
"Ordinance") permits a developer, after he has installed a water or sewer line
through undeveloped areas of the City, to submit an application to the City for
a Reimbursement Agreement which would provide that the developer may be
reimbursed a portion of the construction cost of the water or sewer line whenever
any property specially benefitted by said line first utilizes said line; and
WHEREAS, the Developer has submitted an application to the City for a
Reimbursement Agreement as a result of the construction of a 8 " sewer line at
the following described location:
Starting from an 8" sewer line which was extended across Boardwalk Drive from
Harmony Market P.U.D. First Filing and stubbed out on parcel 96010-00-017 owned
by Oak Farm Inc., then westerly 205 L.F. to a manhole, then northerly 127 L.F.
to a second manhole.
Said line is further described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, the Developer has provided the City with the legal descriptions
of all properties specially and directly benefitted by the installation of said
line, all as set forth on Exhibit "B," attached hereto and incorporated herein
by this reference.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. That the sewer line installed by the Developer has been
inspected and found to be in accordance with the City standards and
requirements.
2. That the Developer has presented the City with adequate
documentation to establish that the total cost for the construction
of the applicable portion(s) of the aforementioned line is
$10,135.68. The oversizing payment to be made by the City to the
Developer is $ -0- Accordingly, the repayment due to the
Developer pursuant to this Agreement shall not exceed the difference
between said total cost and said oversizing payment.
3. That, at such time as any of the property specially and directly
benefitted by the installation of the improvement, as described on
Exhibit "B" attached hereto, should commence activities to utilize
said line, then at that time the City may attempt to assess a charge
against such property in order to reimburse the Developer for some
of the costs associated with the construction of the improvements.
C" OF FORT COL L IN$ /
For purposes of this Agreement, utilization of said line shall be
deemed to commence upon receipt by the City of an application for
service and collection of the appropriate fee from the owner or
developer so benefited. Such charge shall be on a front -foot basis
according to the schedule attached hereto and incorporated herein by
this reference as Exhibit "C"and a percentage added to recognize the
effects of inflation. This inflation factor shall be calculated
using the construction cost index for Denver as published in the
Engineering News Record (ENR) of February 11, 1991, and the same
index published in the (ENR) of the month preceding payment of the
reimbursement. Should any property anticipated herein to benefit
from the installation of said line be developed in such a manner so
as to not make direct connection to said line or otherwise directly
benefit from said line, there shall be no assessment against that
property.
Should any property anticipated herein to directly benefit from said
line be subdivided into one or more parcels for development
purposes, the amount to be assessed shall be based on a pro-rata
share of the actual front footage of the property so developed. For
purposes of this Agreement, "direct connection/benefit" shall mean
physical connection directly to the line installed by the Developer
immediately adjacent to the developed property and not connection
indirectly through other lines at some other point on the system,
the cost of which is reimbursable, in whole or in part, through the
City's oversizing fund.
4. Upon the actual receipt of the assessment set forth above, the
City agrees to pay the same over to the Developer less three percent
(3%) to be retained by the City to defray administrative costs. In
no event shall the City be obligated to pay the Developer interest
on collected or uncollected fees pursuant to this Agreement. The
term of this Agreement shall not extend for a period of more than
ten (10) years from the date hereof. The Council of the City of
Fort Collins may, upon application by the Developer, extend the ten
(10) year limitation herein set forth.
5. The services of the City in attempting to assess and collect
the reimbursement fees described herein are offered solely as an
accommodation to the Developer. Accordingly, the City will not be
liable for its failure in any fashion to collect the monies
specified herein and shall have no obligation to commence litigation
for the purpose of attempting to make such collection. In the event
that the City's attempt to collect such charge and/or the City's
withholding of building permits results in the filing of any claims
against the City and or the commencement of litigation against the
City, the Developer agrees to pay all costs and fees incurred by the
City in defense of the same, including without limitation attorney's
fees. The Developer further agrees to indemnify and hold harmless
the City from any damages or awards arising from or relating to any
such claim or civil action. At the City's option, the Developer
shall be required to provide the City with a letter of credit as
security for this indemnification in the amount of any damages
sought or, if no such amount is specified, then in such amount as
1 the City may consider reasonably necessary to ensure payment of all
costs, fees and/or damages which may result therefrom.
6. In the event that the Developer is in default with regard to
any other obligation to the City, the City shall have the right to
set off any reimbursements that may be due hereunder to satisfy, in
whole or in part, any such default. In the event that the Developer
has received reimbursement directly from the owner or developer of
any property which may be subject to assessment in accordance with
the terms of this Agreement, the Developer shall immediately upon
receipt thereof notify the City, in writing, of the amount
collected, the name and address of the person from whom collection
was made and the property to which the collection is applicable.
7. This Agreement may not be assigned by the Developer to any
other party without the express written consent of the City. The
Ordinance is incorporated herein by this reference and it shall
govern interpretation of the various provisions of this Agreement.
DATED the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
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Utilities Director
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EXHIBIT B
Boardwalk Drive (Parcel #96010-00-017)
Legal Discriotion
BEG AT PT ON E LN WH BEARS S 0 10' W 81 FT FROM NE COR 1-6-69, TH
ALG SO E LN S 0 10' W 819 FT, N 89 50'W 300 FT, TH ALG ARC 400 FT
RAO CUR TO L 628.32 FT, L/C BEARS S 45 10' W 565.69 FT, TH S 0 10'
W 1345.41 FT TO S LN NE 1/4 TO PT WH BEARS N 89 56' 50" W 700 FT
FROM E 1/4 COR, TH ALG S LN NE 1/4 N 89 56' 50" W 1800.95 FT, N 32
13' 45" W 284.41 FT TO W LN NE 1/4, TH ALG SD W LN N 0 11' 5" E
1736.51 FT, S 89 48' 55" E 400 FT, N 0 11' 5" E 565 FT TO S LN HWY
68, TH ALG SO S LN S 86 16' E 50.93 FT, N 83 39' E 603.6 FT, N 89
55' 30" E 600 FT, N 89 45' 15" E 921.3 FT, S 46 21' 31" E 70 FT, N
89 55' 30" E 30 FT TPOB (NCI8SOO1OW), LESS 90021960, LESS HARMONY
MARKEY PUD 1ST FIL, HARMONY MARKET PUD 2ND FIL, LESS HARMONY MARKET
PUD 3RD FIL
EXHIBIT C
(Sewer Line)
TOTAL COST = 10,135.68 = 15.26 per front -foot
TOTAL FRONTAGE 664
Ref.# Parcel # Legal Description Front -Foot Repay
1 96010-00-017 See Exhibit B 537 8194.62
The percentage added to recognize the effects of inflation will be based on the
Denver construction cost index published in the "Engineering News -Record" and the
following formula:
(ENR) Denver construction cost published the month before payment = X
(Enr) Denver cost index published 02/11/91 = 3656.23
X - 3656.23 = Y
Y x 100 = Percentage to be added
3656.23
Payee -- Front Range Baptist Church