HomeMy WebLinkAboutPRESTON-KELLEY SUBDIVISION - Filed OA-OTHER AGREEMENTS - 2011-12-29�l l Rve,5�kl ,
AGREEMENT any
THIS AGREEMENT is made and entered into this ` O`day of
1986, by and between the City of Fort Collins, Colorado, a
municipal corporation, (City) and Hewlett-Packard Company (Company).
WHEREAS, the City and the Company did enter into an agreement in March,
1977, a copy of which is attached hereto, and by this reference made a part
hereof, and shall hereinafter be referred to as "The Agreement": and
WHEREAS, pursuant to Paragraph 5 of The Agreement, the Company has
extended a sewer line to the north boundary of its property; and
WHEREAS, pursuant to Paragraph 5(A) and (B) of the Agreement the
Company's sanitary sewer flow requirements were set at 3.171 cfs; and
WHEREAS, pursuant to Paragraph 5(E) of The Agreement, the Company is
entitled to certain repayment rights; and
WHEREAS, pursuant to Paragraph 5(F) of The Agreement, the Company has
certain obligations to participate in the cost of the extension of the sewer
line to the south boundary of the Company's property; and has additional
repayment rights; and
WHEREAS the purpose of this Agreement is to determine the Company's
obligation pursuant to Paragraph 5(F) of The Agreement, to determine the
Company's repayment rights pursuant to Paragraph 5(E) and (F) of The
Agreement, and to clarify the Company's sewer line flow capacity rights
thereunder.
1
w fir►"
NOW, THEREFORE, in consideration of the mutual promises of the parties
hereto, the payment by the Company as hereinafter provided, and other good
and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. As full and final settlement and satisfaction of the Company's
obligation to participate in the cost of the extension of the said sewer
line to the south boundary of the Company's property, as said obligation is
described and defined in Paragraph 5(F) of The Agreement, the Company does
hereby agree to tender to the City upon execution hereof, the sum of Thirty-
five Thousand Dollars ($35,000.00). The City's execution of this Agreement
shall constitute its receipt of said funds.
2. In consideration of the City's relinquishment and waiver of any and
all claims for or rights to additional financial participation by the
Company in the construction of said sewer line to the south boundary of the
Company's property, as said obligation is defined in Paragraph 5(F) of The
Agreement, the Company does hereby surrender, relinquish and assign to the
City any rights that it now has or may have in the future to repayment by
City or third parties of any of the Company's costs in extending the
original line to the north boundary of the Company's property, or in
extending the line to the south boundary of the Company's property, as said
repayment rights are defined in Paragraph 5(E) and (F) of The Agreement.
Accordingly, the City shall have no obligation whatsoever to make repayment
to the Company for any of its costs in extending the sewer line either to
the north or south boundaries of the Company's property as said repayment
obligations are defined in The Agreement.
2
3. In consideration of the Company's payment and relinquishment of
rights as hereinabove described in paragraphs 1 and 2, the City agrees to
the following clarification of the Company's sewer line(s) flow rate
capacity and costs:
The capacity referenced in paragraphs 5(A) and (B) of The
Agreement and originally installed by the Company for its future
development (3.171 cfs) will be available for use by the Company
without additional financial participation in any future sewer
system capacity increases or line expansions or extensions.
Notwithstanding the foregoing, if flows from the Company exceed
3.171 cfs, the Company will pay the cost of additional system
capacity, line expansions or extensions, to the extent that such
costs is proportionately attributable to the Company's flows in
excess of 3.171 cfs.
4. The purpose of this Agreement is to modify the understandings of
the parties with respect to Paragraph 5 of The Agreement, and to resolve any
dispute that may exist between the parties with regard to the meaning of
Paragraph 5. Except as is herein modified or explained, The Agreement shall
continue in full force and effect.
5. This Agreement shall inure to the benefit of the successors,
representatives and assigns of the parties.
3
LWA
Fn
IN WITNESS WHEREOF, the parties to this Agreement have caused the same
to be signed the day and year first herein above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
J,A)�-) Uti_
Assistant City Attorney
AT ST:
ti, " U__"'
4
THE CITY O FORT COLLINS, COLORADO
c �
By:
Steve Burkett, City Manager
HEWLETT-PACKARD COMPANY
C. Cr--sg Wordiund
secretary & Cp"aft
iY ."'fir; • !
CI d��^18+>f_+�.J i� lw+.'�Rv�'.,.�w 'R!.iY4.. ✓;+i�P'.Y�i: "T+t+�f.w A�s."�+.+. `+.
r-tv'q%�a
[hp3 HEWLETT
PACKARD
^
No.
/
FT. COLLINS SYSTEMS DIV.
' • M •
•
06510G11
�:•
35P000-00
• • .6
•
35�vGC.JD
:17
EWER EXT9
TOTALS 35.000.03 •00 3590000OU
3404 E. Harmony Rd., Fort Collins, CO.80525
�
CP33 PACKARD
Th. Northern Host ComPaey 70-2414
FT. COLLINS SYSTEMS DIV. Paysou rhrough
N.rth�rn Trust 3anWN•pOrvi110 719
3404 E. Harmony Rd., Fort Collins, CO. 80525
CHECK NO. VENDOR MO. DAY YR. VERIFICATION AMOUNT
000056;-7 387Ai :6:ZO 86 •****35,D40.0 $359000.00
PAY TO THE ORDER OF
V'010 AFTER 30O
YS
CITY OF FORT COLLINS WLETT- PACKARq OMPANY
FI1VAiVCE OEPARTNENT J i?4,
P.O. 83X 530 / :i 1. zw
FORT COLLINS /
CO 810522
1180000S62711, 1:071924L44t: 308876371I'