HomeMy WebLinkAbout1971-101-12/30/1971-APPROVING AN AGREEMENT TO BE ENTERED INTO WITH HORSETOOTH ASSOCIATES, LTD 'J
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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
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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
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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
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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
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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
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