HomeMy WebLinkAboutLANDINGS THIRD - Filed OA-OTHER AGREEMENTS - 2003-12-10AGP.EE: `ENT
THIS AGREE=NT made and entered into this day of
' 1977, by and between THE CITY OF FORT
COLLINS, COLORADO, a riunicipal corporation, parcy of the first
part, hereinafter sometimes designated as the "CITY" and THE
LANDINGS, LTD., a Limited Partnership, party of the second part,
hereinafter sometimes designated as "DEVELOPER";
WITNESSETH:
WHEREAS, Developer is the owner of properties located in
Section 36, Township 7 North, Range 69 West of the 6th P.M., said
properties being more particularly represented as Warren Shores
Third Annexation, Warren Shores Fourth Anaexa.tion and The Landings
First Annexation, the official plats for which are on file in
the office of the City Clerk; and
WHEREAS, Developer has caused said properties to be annexed
to the City and is now subdividing, improving and developing the
same; and
WHEREAS, the Developer desires to receive sanitary sewer
service f-orn tre sanitary sewer utility of the City in connect'_on
with the development sf The Landings, First Filing and The
Landings, Second Filing; and
WHEREAS, Developer has provided engineering services for
the design of sanitary sewer lines to serve The Landings, First
Filing and .he Landings, Second Filing; and
WHEREAS, said design arr,vides for sanitary sewer gravity
flow through the First Filing, thence through the Second Filing,
in a genera]'. southeasterly direction toward a proposed sanitary
sewer trunk line on Lemay Avenue north Harmony Road; and
WHEREAS, the original engineering design determined that
the First Filing and the Second Filinq and thr lands included
in The Landings First Annexation could be adednatel,- served with
gravity flow sanitary sccaer; and
WHEREAS, an alternate design provides for gravity sewer
through The Landings First Filing and The Landings Second Filing
and extending under a box culvert at the Warren Lake Inlet and
into a sanitary sewer lift station to be installed in the north-
west portion of a future The Landings Third Filing; and
WHEREAS, Developer has requested approval by the City of
the al-ternate design which will include the installation of a
lift station; and
WHEREAS, the City has agreed to approve the alternate de-
sign and to grant taps on its sanitary sewer system upon certain
terms and conditions and subject to certain agreements hereinafter
expressed;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed by and between the
parties hereto as follows:
1. Developer agrees to provide engineering services for
the design of a duplex sewage lift station complete including
controls providing for an automatic alternator and further pro-
viding for parallel pump operation.
2. Developer agrees to install a duplex sewage lift station
at an approved location in the proposed Landings Third Filing,
and provide access to said location.
3. Developer agrees to provide an auxiliary power source
to the lift station for use in the event of a power failure.
4. Developer agrees that said lift station will be
permanently operated and maintained to the full satisfaction of
the City utility department and at no cost to the City of Fort
Collins.
5. It is understood that the City shall expend no funds
at this time or in the future under this agreement.
6. The Developer agrees to comply with that provision of
the City's ordinances and all other provisions of the City ordinances
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applicable to the receipt of sanitary sewer service from the
City sewer utility.
7. This agreement shall be binding upon both parties hereto,
their heirs, successors or assigns.
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:
L �
By:
City ClerkCity Manager
THE
ATTEST:
By: L
Robert G. 2utler, Jr., Re
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIPMER )
LTD., a Limited Partnership
�MES I i �a Corpori��on,
. Rosenthal, President
The foregoing instrument was acknowledged before me this
day of , 1977, by
as City _Manager and as City Clerk
for The City c-,f Fort Collins, Colorado, and Reid L. Rosenthal as
President and Robert G. 3ctler, Jr., as Secretary of Osprey Homes,
Inc., General Partner of The Landings, Ltd., a Limited Partnership.
My commission expires:
Notary Public
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