HomeMy WebLinkAboutLAKE SHERWOOD - Filed OA-OTHER AGREEMENTS - 2004-08-13PU40RANDM4 OF AGREE=
THIS AGREE'tECIT, made and entered into this 24 day
of �4 A. D. 19 7? , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
Whittaker Community Development Corporation, Allan L. Lemley, Vice Pres.
and Poudre %aliey Construction Co., Inc., Harold H. Miller, President.
Hereinafter designated as second party, WITPTESSETH:
WHERF4.S, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Lake Sherwood, 3rd Filing
For approval by the Tunicipal Planning and Zoning Board and
the City Council. of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first partyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
Nai, THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. .In consideration of the approval of sai-d plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement; plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first partyts
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements,
(5) Plans and profiles of the proposed street drainage
system showing the connections to the first partyts storm sewer system
and including all storm seller iniets and manaoies. if a storm sewer outtall
line is not avaiiable, second party agrees to Join into a special improve -
man: Qistrict fol the installation of such outfall line upon request therefor
by first party and to sign any petition and Perform any other act necessary
to form such district.
(b) Items A (1) to A (S) inclusive arc to be financed by the
party of the second part, excepting only Item 0') electrical distribution
system. All material required for street iignts are to be paid for by the
party of the second Part to the Light I Power Department of the City.
In t"c event the City of Fort Collins shall require larger water
mains, sanitary sewer mains or storm sewer rains no be constructed within
the subdivision than would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, tac City or Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
constructed and the estimated cost of such facility as shown on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider shall be determined in advance of construction
by the City Engineer and in the event of any dispute this natter shall be
submitted to the City Council for final determination.
IN 'WITNESS NAEREOF, first party has caused these presents to be
siVned by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, Pursuant to motion of the Council of the City of Fort
r <
Collins dated the �� `/ day of �,.,�. A.D.,
T—�
n and second party has hereto set his nand and seal the day and
year first hereinabove written.
THE CITY OF FORT COLLINS
A Municipal Corporation
First Party
ATTEST:
City Clerk
Second Party
f
City Engineer
(SEAL')
A G 1, L E M E N T
Tll1S ACh] i 'Sf:AT,
made and
catered
into
this
_
- \ '
day of_ I
A.U. 19_ by and
between
THL CITY
OF
10RT
COLLINS,
a municipal corporation,
hereinafter dcsignLted as City, andPoudre Valley Construction Company
hereinafter designated as Subdivider, WITNESSETA:
WIIERE.AS, Subdivider is the owner of the property more particularly described
as follows-- _Lak __S a ro4i_ Suu tivisiQa__ _--
and has subdivided or otherwise developed said lands, and
WHEREAS, in coinaction with said subdivision, it was necessary that Subdivider
install a 12 inch water main along the following locations:
On Drake Road from a point soutn of Woodward Governor Company to a point just
east of Parklake Drive on Drake Road.
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 ruins and
extension of mains through other lands, and
WHEREAS, said water main as inst-al.led, in addition to benefiting the lands
of Subdivider, ate,_ benefited to some extent the lands described herein, and
W" RI:AS, an ac^oanting has been made to determine the cost of the installation
of said water main -.id the complete cost �f said water main was M 084,24
NO', THEREFORE, in consideration of the premises and the terms of the
within agreement, it is agreed as follows:
1. Subd.vir.or did i_:n`al- said water main, a_u sa..a ma_u 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 Engine+ar.
2. Upon the completion of the installation of said water main and the
acceptance of tiroo same by the City Engineer and further withthe 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, purssunat ro the provisions of. Section 41
of Ordinance No. 18, 1965, is to pay to the subdivid:r the sum of $18,033.70
being % of the cost, as its share of the .c_ost of installing said main.
3. It is understood and agreed that the main installed did benefit the
property described below an well as tireproperty of Subdivider; and in accordance
with Lhe prov-i.sions of Soction 43 of Ordinance No. 18, 1965, the City willattempt
to assess a charge against such other properties in order to reimburse Subdivider
for so..e of the cost of such ruin. 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:
1.
Jonn Stracnan
6.597%
$1,784.S2
2.
Woodward Governor Co.
6.597%
1,784.S2
3.
Parnwood, Inc.
32.306%
8,738.95
4.
Ed Vance
16.206%
4,383.81
S.
lid Jo"nsoa
11.097%
3,001.80
Upon col-lecton 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 ter (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 clay and year first hereinabove written.
THE CITY OF., )'),RT COLLINS,
By
City rlanager ��
ATTEST:
City Clerk
ByLeL_SSubdivider
ATTEST: