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Home My WebLink AboutWILLOW SPRINGS PUD FOURTH - Filed ED-EASEMENT DEDICATION - 2002-11-14RCPTN # Y.)0 / 36i L/01,'"4: 1G:49:00 # PAGES - 6 FEE "1 u��. CC; STA`:E JVc.. r .. JU REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this-2el'1 day of1995, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the City," and Timberline Cooperative Joint Venture, hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, Section 26-372 ofthe Code ofthe 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 16" water line at the following described location: starting at the east 1/4 of Section 6, T6N, R68W in South Timberline Road then south 1303.11 feet. 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 16" water 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 $35,098.14. The oversizing payment to be made by the City to the Developer is $10,529.44. 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. 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 Developer. 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 March 13, 1995, 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 fine 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. 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. 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 attomey'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 may be required to provide indemnification in the amount of any damages sought or, if no such amount is specified, then in such amount as 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 a 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 AP R VED AS TO ORM: � 1 I1 City Attorney I Sal NJ THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ��/��/ /� &w9 Utilities Director DEVELOPZK ER: , �j i By: Title w '� B55 i EXHIBIT,:" A" III 3W1 3W) 301J � �11111'1 A BE T 4 H RM NY CF�59 PVO I LRIVE 1 0 1 g_ _& FOIE AJ] 301) m t9p 1919 19D 19U 11 19�9 Its nvl At,E � Il7IBhl�"I �- 19(q IWb '.:9 3 191e 1921 �19Y11 19]5 I > Z AITY couxfi Q R_ � Y R m Z R ]Wt 3M7 20U p/B19 p A IB), \H25 lyl 2 // 1901 19p 1919 117, ON lyl 119➢ 19U o, 30X + � I .S IWll ISC6 191E 1919 193) 19p 19Y + 3 � loay' '�_k I ivp �titi � D KOITA p �.a 3oJa i9 fl35 1611 A IW] 19p 1919 1935 19]1 19➢ 11q �qS b 10Y I¢�3 '9W 19fb 1111 1918 92\ 19)0 19]619\2 19y 19N q�' 9 M1p7 i 9JIN1901rm� ��o�n .cna�a�� o��u«ia.V�195511961 � !96]\ 4)� 0 0 ° f 0 IE�.— i nRUONY WVrvk SEIVER CI-1055 M M12 Y14 M15 ry� (�v /Oryyu� D Q O 1/41 SE-C RON 6 �n 0 I N p CREEK ' _ 8 nm SI /SON CREE Fu0 8. 111J 3pl 2201 220] /,j '2n9 2115 5N\ nre v3. ]2W 22W nl3 �721 S ILLWATE CR EK PF s AT RtEIq � COU I 2 125 2201 2201 316 12219 O TRCnK SEx 6 EXHIBIT B Ref # Parcel # Property Omer Front -Foot Renay 1 86064-08-701 Paragon Point Partners 276.71' $4,336.05 1 86064-00-003 Dusbabek 531.00' $8,320.77 2 86064-00-003 Dusbabek 495.40' $7,762.92 3 86064-00-003 Dusbabek Stub Special Costs $4,148.90 EXHIBIT C TOTAL COST = $35,098.14 - Oversizing $10 529.44 = $24 568.70 Reimbursement $20,419.74 = $15.67 per front foot TOTAL FRONTAGE 1,303.11' Ref.# Parcel # Legal Description Front -Foot Remy 1 86064-08-701 ExhibitsA&B 807.71' $12,656.82 86064-00-003 2 86064-00-003 Exhibits A&B 495.40' $ 7,762.92 3 86064-00-003 Stub Special Costs N/A $ 4,148.90 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 03/13/95 = 4,059.88 X - 4,059.88 = Y Y x 100 = Percentage to be added 4,059.88 Payee -- Timberline Cooperative Joint Venture c/o The Everitt Companies 3000 South College Ave., Suite 202 Fort Collins, CO 80525