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HomeMy WebLinkAboutCORRESPONDENCE - BID - 5723 HOMESTEAD PARK WATER TAP AGREEMENTAccount No. 37935600 FORT COLLINS-LOVELAND WATER DISTRICT MEMORANDUM OF AGREEMENT FOR PURCHASE OF WATER TAP THIS AGREEMENT is made and entered into between the FORT COLLINS-LOVELAND WATER DISTRICT (hereinafter "District") by its Board of Directors through its designated manager, and Ci4r of Fort Collins (hereinafter "Purchaser"). IN CONSIDERATION OF THE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES AGREE AS FOLLOWS: 1. Purchaser agrees to purchase and pay for one water tap from District. Purchaser agrees to pay the sum of $ 120,650.00 for said tap, payable concurrently with the execution of this Agreement. Under no circumstances will any services be provide iiyte District until full payment is made, nor shall any of the tap fees paid be refunded to the Purchaser. This tap cannot be transferred from one lot to another, unless the transfer is made within the same District -approved subdivision for which it was originally purchased. 2. Purchaser agrees to pay all real property tax levies, assessments and service charges as may be established and modified by the District from time to time. In the event the purchaser fails to pay such levies, assessments and charges upon demand, the District shall then immediately terminate service, assess penalties, and assert its lien rights and any other remedies available to it pursuant to its Rules and Regulations and to the laws of the State of Colorado. 3. In the event that the above described real property is conveyed or transferred to an individual or entity by the Customer, such water tap shall be deemed transferred with the real property whether such conveyance or transfer is the result of a voluntary or involuntary transfer, including judicial order or decree, public trustee's sale, sheriffs sale, treasurer's sale, or otherwise. Upon any such transfer of the real property, the District may recognize such transferee as the "owner of said water tap" without having first obtained an assignment of water tap executed by the Customer to the new owner. In no event may the Customer retain ownership of said tap upon the voluntary or involuntary transfer of the property. 4. The legal description for the real property for which this tap is being purchased is as follows: (Attach separate exhibit for description if necessary). Homestead Park, Ridgewood Hills, Filing 2 Street Address: 5. Purchaser agrees to execute and deliver such easement or Easement Agreements as are needed by the District for the purpose of constructing and maintaining water lines across any of the real property of the Purchaser. Such easements shall be at the sole expense of Purchaser, and such expenses shall include, but not be limited to, survey expenses, legal fees, and recording expenses. 6. Pursuant to the tenons of this Agreement, Purchaser shall have the right to tap into the District's line at a point designated by the District. Tapping procedures shall be in accordance with the District's specifications, and shall be under the control and supervision of the District or its representative. The costs of tapping, including the connection, the tap and service line, and all other expenses thereof, shall be paid by Purchaser. Purchaser agrees to pay all expenses for any line extension (s) from the District's main line to the connection of the premises of the Purchaser. 7. Purchaser agrees to pay to the District a monthly service charge for the use of the District's treatment and distribution system. The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notice to its users. 8. The District reserves the right, through its representatives, to inspect and approve all lines connecting Purchaser's premises to the District's system. The Purchaser shall comply with the District's Rules and Regulations, as modified from time to time, and with District's construction specifications before and after Purchaser's connection to the District's system; In the event the District inns expenses for labor or materials for repair and maintenance of Purchaser's line and connection with District's water system, Purchaser shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is required through no fault of the District. 9. The Purchaser hereby agrees to give District the first right of refusal to purchase any irrigation water on the property, at the current market price, and to execute all necessary documents to connection therewith, including documents for the transfer of any such irrigation water. Signed this J `> day of 20 o-i Purchaser. FORT COLLINS-LOVELAND WATER DISTRICT y Secret /Manager Michael D. DiTullio x City of Fort Collins Mailing address: 215 North Mason Street Fort Collins, CO 80521 Payment $ 120,650.00 Receipt # Account No. 37935600 SOUTH FORT COLLINS SANITATION DISTRICT MEMORANDUM OF AGREEMENT FOR PURCHASE OF SEWER TAP THIS AGREEMENT is made and entered into between the SOUTH FORT COLLINS SANITATION DISTRICT (hereinafter "District") by its Board of Directors through its designated manager, and City of Fnrt Collins (hereinafter "Purchaser"). IN CONSIDERATION OF THE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES AGREE AS FOLLOWS: 1. Purchaser agrees to purchase and pay for one sanitary sewer tap from District. Purchaser agrees to pay the sum of $ 18,200.00 for said tap, payable concurrently with the execution of this Agreement. Under no circumstances will any services be provided by the District, until full payment is made, and under no circumstances will any tap be transferred from the property for which it was originally purchased nor shall any of the tap fees paid be refunded to Purchaser. 2. Purchaser agrees to pay all real property tax levies, assessments and service charges as may be established and modified by the District from time to time. In the event the Purchaser fails to pay such levies, assessments and charges upon demand, the District shall then immediately terminate service, assess penalties, and assert its lien rights and any other remedies available to it pursuant to its Rules and Regulations and to the laws of the State of Colorado. 3. In the event that the above described real property is conveyed or transferred to an individual or entity by the Customer, such sewer tap shall be deemed transferred with the real property whether such conveyance or transfer is the result of a voluntary or involuntary transfer, includingjudicial order or decree, public trustee's sale, sheriff s sale, treasurer's sale, or otherwise. Upon any such transfer of the real property, the District may recognize such transferee as the "owner of said sewer tap" without having first obtained an assignment of sewer tap executed by the Customer to the new owner. In no event may the Customer retain ownership of said tap upon the voluntary or involuntary transfer of the property. 4. The legal description for the real property for which this tap is being purchased is as follows: (Attach separate exhibit for description if necessary). Homestead Park, Ridgewood Hills, Filing 2 Street Address: 5. Purchaser agrees to execute and deliver such easement or Easement Agreements as are needed by the District for the purpose of constructing and maintaining sewer lines across any of the real property of the Purchaser. Such easements shall be at the sole expense of Purchaser, and such expenses shall include, but not be limited to, survey expenses, legal fees, and recording expenses. 6. Pursuant to the terms of this Agreement, Purchaser shall have the right to tap into the District's line at a point designated by the District. Tapping procedures shall be in accordance with the District's specifications, and shall be under the control and supervision of the District or its representative. The cost of tapping , including the connection, the tap and service line, and all other expenses thereof, shall be paid by Purchaser. Purchaser agrees to pay all expenses for any line extension (a) from the District's main line to the connection of the premises of the Purchaser. 7. Purchaser agrees to pay to the District a monthly service charge for the use of the District's collection and treatment system. The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notice to its users. 8. The District reserves the right, through its representatives, to inspect and approve all lines connecting Purchaser's premises to the District's system. The Purchaser shall comply with the District's Rules and Regulations, as modified from time to time, and with District's construction specifications before and after Purchaser's connection to the District's system. —In the event the District incurs expenses for labor or materials for repair and maintenance of Purchaser's line and connection with District's sewer system, Purchaser shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is required through no fault of the District. 9. As a further remedy for enforcement of payment of the District's service charges, levies and assessments, the District may, after ten (10) days from the mailing of written notice to Purchaser's last known address, request that the Fort Collins -Loveland Water District discontinue delivery of domestic water to Purchaser. Signed this 6!-, day of � �. 200-z Purchaser: SOUTH FORT COLLINS SANITATION DISTRICT S ecrejw6dManager Michael D. DiTullio x City of Fnrt Collins Mailing address: 215 North Mason Street Payment $18,200.00 Receipt NC �� SECTION 00500 AGREEMENT FORMS OO51C)Notice of Award 00';20 Agreement. 00530 Notice to Proceed