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HomeMy WebLinkAbout1971-101-12/30/1971-APPROVING AN AGREEMENT TO BE ENTERED INTO WITH HORSETOOTH ASSOCIATES, LTD 'J 1 • }r RESOLUTION 71-101 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH HORSETOOTH ASSOCIATES, LTD WHEREAS, heretofore by Ordinance No 57, 1971, an agreement / with the Fort Collins-Loveland Water District was approved and authorized, the purpose of which agreement was to enable the City to furnish water service to certain lands situate within the Nl� of Section 33, Township 7 North, Range 69 West of the 6th P M , in Larimer County, Colorado, and WHEREAS, Horsetooth Associates, Ltd , is the developer of said lands and has made application for water service from the City, and WHEREAS, as a condition of such service, the said Horsetooth Associates, Ltd , has agreed to contribute to the City the sum of Twenty- five Thousand and No/100 Dollars ($25,000 00) to represent such developer's share of the contribution made by the City to the Fort Collins-Loveland Water District for the purpose of improving the District's system in accordance with the terms of the agreement between said District and the City, and I WHEREAS, an agreement has been prepared between the City and said Horsetooth Associates, Ltd , providing for a tap from the City for said lands and the payment of such amount to the City, which agreement has been approved by the City Manager and the City Attorney NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are accepted and approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins Passed and adopted at an adjourned meeting of the City Council held this 30th day of December, A D 1971 -�//I/,/- yor ATTEST Cit Jerk A G R E E M E N T THIS AGREEMENT is made and entered into this 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 water 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 h 1 The Developer agrees to pay to the City the sum of TWENTY FIVE THOUSAND AND N0/100 DOLLARS ($251000 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 constructing an extension of the water lines of the City of Fort Collins past the sub3ect 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 herein 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, paying 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- It 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 B y Manager City C1 HORSETOOTH ASSOCIATES, LTD By H IN & COMPANY, the General Partner By -3-