HomeMy WebLinkAboutFAIRVIEW - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-20A G R E E M E N T
THIS AGREEMENT made and entered into this 26th day of January,
A. D. 1961, by and between W. E. BARTRAN and WILLIAM D. BARTRAN, D/B/A
BA':tTRAN HOMF'sS, hereinafter designated as Developer and the CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as City,
WITNESSETH:
WHEREAS, Developer is engaged in developing an area of land
which is being subdivided into subdivisions known as the Fairview Subdivisions,
and
WHEREAS, said area, together with certain other areas located
in the neighborhood of the Fairview Subdivisions are in need of additional
domestic water service, and
WHEREAS, Developer has requested the City to install a water
main trunk Line from the intersection of City Park Avenue and West
Elizabeth to the intersection of City Park Avenue and Springfield Drive,
being a distance of approximately One Thousand Three Hundred feet, and
WHEREAS, the needs of the Fairview Subdivisions could be
served by an eight (8) inch water main, but there should be installed a
ten (10) inch main over portions of said area to take care of adjacent
area to be served by the City of Fort Collins, and
WHEREAS, the route of said proposed line is over lands either
owned by Developer or under contract to be purchased by Developer and
will probably be installed in what will be a City street when the area is
subdivided and developed, and
WHEREAS, Developer proposes to furnish to the City in any event
a perpetual right of way and easement for said water line, said easement
to extend the distance of twelve (12) feet in width, being six (6) feet
on either side of the center line cf said water main as constructed, and
'vJlEREAS, the City and Develop--r have agreed upon the construction
of said water main trunk line in a manner consistent with the interests of
of both and with policy of the City as heretofore existing and proposed
for the future.
NOW, THEREFORE, said parties, upon the considerations herein-
after recited, contract and agree as follows:
1. Developer will tender to City a good and sufficient grant
of right of way for an easement for said water main trunk line over and
across aparcel of land twelve (12) feet in width being six (6) feet on
either side of the line along which said water main is to be installed.
2. City will construct, when cost estimates are completed,
a cast iron water main with pipe being eight (8) inches in diameter or
ten (10) inches in diameter where so required by the City Engineer.
Said main shall be constructed from the intersection of City Park Avenue
and West Elizabeth Street to the intersection of City Park Avenue and
Springfield Drive.
3. Said water main shall be constructed at the expense of
Developer except that City shall pay for the difference between the cost
of installation of an eight (8) inch water main and a ten (10) inch water
main where said ten (10) inch water main is installed. Developer shall deposit
with City, before construction starts, the estimated cost of the eight (8)
inch line and shall pay the balance of such construction costs, if any, into
City so that City shall at all times have been paid a sum at least equal to
its expense commitments with regard to said water main construction, and City
shall transfer from such deposit to the proper accounts such sums as may be
required to meet the expenses of such installation; provided, however, that any
balance remaining of said deposit, after all construction expenses have
been properly paid for, shall be returned to Developer.
4. All of Developer's costs herein as billed by City to it
and by it paid, shall be a first charge against and to the extent received,
and to that extent only, shall be paid to Developer from the present water
assessments charged by City in relation to such charges or any subsequent
charges, assessments or fees hereafter enacted and collected from the Fairview
Subdivisions served or to be served by said water main until Developer shall
be repaid the cost to Developer of such installation, provided always
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that the provisions hereof shall not continue beyond ten (10) years from
date.
IN WITNESS WHEREOF and that this instrument shall be binding
upon the parties hereto and their successors in interest and authority,
said City has caused its corporate name to be hereunto subscribed by
its Mayor and its corporate seal to be hereunto affixed, attested to by
its City Clerk, pursuant to Resolution adopted by the City Council of
the City of Fort Collins, Colorado, on the 26tkay of JanuarT , A. D.
1961, and Developer has hereunto subscribed their names as of the day
and year first hereinabove mentioned.
CITY OF FORT COLLINS
By
I
ATTEST:
City C erk
7
W. E. Bartran
William D. Bartran
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