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Home My WebLink AboutHARMONY VILLAGE MOBILE HOME PARK - Filed OA-OTHER AGREEMENTS - 2004-08-25made into this �� day of C , emen' and entered G T:115 a�: � �, ,..0 i 1972, by E. Morgan) W. K. Bill Tiiey, and between �cbEr� N. vi1e1QS9 _ Cal7in Strobel. and ?red. 7. Nusslaumer and all together designated as the Ditch Company hereinafter known as the first party and Hall (ruin Construction Company designated as contractor hereinafter known as the second Party, i^'RBAS, the first party is the sole owner of an irrigation ditch hereinafter referred to as Ditch, said ditch distributes skater from Warren Lake and other sources of seen water across land owned by Sob Asmus and land farmed by Emmet Reid. 'rARE__S, the second party agrees to replace a certain part of the ditch with an A"tile in the approximate original location prior to installation of a sewer line and according to material and installation requirements set forth and approved by the A.S.C. office, "a government agency." The second party agrees to furnish all materials and labor for constructing said tile ditch as set forth in Exhibit"A°which is a full part of this agreement, as if 'hereto attached and at the second party's sole expense. It is mutually agreed that the design., material, location, and all other items called for in xhibit "A" is intended to replace that portion of the Ditch *.which was disturbed during the construction of a sewer line by the second party. The second party shall be liable and obligated for the unrestricted flow of water and repair of any damage to said tile as a result of the settling of the earthen fill for a period of one year the first party then shall release the second party, City of Fort Collins, Hogan & 01hausen, P. C., and Sid Wooks and associates of all future obligations and liabilities. :age 1 of two pages i Colorado State University Harold Webster N••S Harold Webster E••N__ __- Spiing Creek Forms E-W i Spring Creek Farms N-S Lovine Reed N-S Robert Asmus N-S Spring Creek Farms N-S Harmony Village N-S Harmony Village E-W EXHIBIT A 830' $3,464.94_ 2129' 9,102.9S �RSB' 11,370.13 2658 11,370.13 2655' 11,358.19 r 1368' S,851.89 1387' S,933.17 •. . 2293' 9,808.77' 22931.' 9,808.77 2S30' 10,822.58„' 20 780' j88,891.S2 -2- x is farther mutually understocd :w e! t the zest arty shall request g_« assistance in the asea&a of !xhibit ad,. first »ram furthera«a: that all monies(« :w) received from any government a7ency:all be a. urea G the second >cy. it afurther mutually agreed that the ems and conditions 2 : Agreement sell be SOME upon the »»6 executors,; a:e&cA successors and assigns of both = ss In hat ss vase both parties eta c an . J = y:c _ m2 B Addenda I is part of this agreement. ADDENDA I TO AGREEMENT This addenda is a part of the original agreement. 1. It is mutually agreed that after final approval of Exhibit "A", any added expense due to changes, modifications and/or additions to Exhibit "A" and requested by the first party shall be paid for by the first party and reimbursed to the second party. 2. It is mutually agreed that the design, material, location and all other items called for in Exhibit "A" is not intended to .correct any problems associated and/or caused by the Ditch prior to its relocation. 3. The one year period, mentioned in paragraph five of the original Agreement shall commence after acceptance by the first party of the construction of the items called for in Exhibit "A". 4. The second party is obligated for a period of one year to make necessary repairs caused by the settlement of the sewer trench. PARTIES OF THE FIRST PART ROBERT SHIELDS r ,^ W. K. BILL TILEY ;1 !f FRED W. NUSSBAUMER f W. E. MORGAN CALVIN STROBEL PARTY OF THE SECOND PART HALL-IRWIN CONSTRUCTION COMPANY i BY _'_7 , PRESIDENT I Tuts AGUEM7r, "do as,d astarsl-into this ef•0� ley of ••..•1. . A.D. 19 _, by MA bgtw4m Ta CITY 01 MET CCLLIMg, i wuaieipal' corporation, hereinafter designated as City, and Sid Stocks I Associates hereinafter daaignatad as Subdivide_, VITNZ"Mt VRZSLAS, Subdivider is the Owner of the prop.rCy mta patticulsrly dr.•ribed m fellows Maromy Villago Nobly --• and has subdivided or otharvisa developed said 1a4ds, and . VHZREAS, in scanantion with sold subdivision, it was necessary that Subdivider install a-?. ! 24 iwt:h sanitary ■rver wain along the following location s See utility drawings Fits 0 C1-444 and VS mmi. 144tiom 2s through 31 of Ordiwanae No. 17, 19AS of the City of Fort co111m set forth the policies of the City regarding ovaraim mina and gs,tsmion or mine through otbec Isads, and VU12", said saver main An installed, in addition to besariting the longs of Subdivider, slso ben&riad to mom extant the land& dasoribed herein, and VREn", an accounting hes bees wee to d4arefw4 the Oast of the SastallatLew of ■aid sower mie, and she &NWlaa cost of nsid sower mis was f19g.dgg.17 gov TIQEEILB, Low wmeaidarstisn of the proei4es,esd the term of the within agra&waat, it is agreed an loliewwt ' 1. fubdivider dial install 341d sower s.in, sod mid mis ves is&ta1L4 Ln accordance with the tequiraiena of the City ragimesr of the City or Fort Collins, and the iwtallatiwt Is approved by said City FDtginaar. 2. Up" the mgjl&ties of ebe Lnotalletine or said saver naig ed the aecop:•a:: of tea eggs by the City Engioser and further with the presentation to the City of proof that all bills and ehacugs in 906e4e91e4 with ohs iestellstiOu of odd sewer wain hwpre bees, paid, the City, pureusne to the Pr&visioes ar goatim Is -- a ordLana Ta. 17, 11965, is "w P&W Is die subdivider the gee of SIM.Ms.46 , baing 14.34 = of the esst as its gh&re of the toot of ibstalling said min. DEC 3 '91 10:43 303 221 6533 PAGE.010 f -It in ssdefaWd sed aged We the Nis Installed did benefit the yro►st4 &waribed %afar as rail an the praparty of didividarh aad is aasordanca vith the provisions at section U ofordenanes No. 17, 1065, the City will attempt to assaas a shots* asainst.eueh other prop*rtiss ha *rise to radburse S,ldividor for soon of the east of auto main• such amsaas*ont of east sball W ragsifed by the City before may part of the property banafitod lby acid swar described bor*14 stall be .*rv*d by said cover. The eharse to be assessed $ball be a parexnt*S* of the cost of the rein berna by the Subdivider. Such parcentsta and benefit is this tame Would be *a follnenl Sao attached Eshiblt A Upon collattion of such weds; enc, the City &;roan to pay the sae over to the Subdividar; providad, h*wavor, that the duty at the City to sollaat such assassoants and pay Ibe saws over to the Subdivider shall not +stead far a period at Mrs than tan (W) years fee■ the date of this asraaeene and provided further that in the avant Site City is for any reason prownted fro* Nllasties ouch wMNante, than and in the *"at this provision of this agraaw*at &bell be aull and wid end tlla City shall love no ebUSstiee to rol+buran the Sabdivldet for any part of the east of said "Is other than N rat forth In parasreph 2 above. = VITIISSS NhsMV, the parties to this aSr*asant bav* sued the eSN to be signed the day aed year first harainabove Written. TRs CI'If OR 7022 WLLIVS, ' City NNeser 1 AlrDTI 1 City Clerk _�%4;R AITCSt DEC 9 '31 10:43 303 221 G593 PAGE.011 , a 0 AMENDMENT AND EXTENSION OF AGREEMENT THIS AGREEMENT made and entered into this )St day of March, 1983, by and between the CITY OF FORT COLLINS, a municipal corporation, hereinafter (rx:w..]rnaan as Ha2m]IIy Road Mohile Han designated as "City", and SID BROOKS A ASSOCIATES,/ hereinafter designated par} as 'Subdivider", WITNESSETH: WHEREAS„ on March 20, 1973, the City and the Subdivider did enter into a Sanitary Sewer Main Reimbursement Agreement, a copy of which is attached hereto as Exhibit "A'; and WHEREAS„ on the 20th day of March, 1973, the City and the Subdivider did enter into a Water Main Reimbursement Agreement, a copy of which is attached hereto as Exhibit "B"; and WHEREAS„ the aforesaid Agreements will, according to their terms, expire and terminate on the 20th day of March, 1983, unless otherwise extended; and WHEREAS, it is the desire of the parties that Section 3 of the afore- said Agreements be amended in its entirety as hereinafter provided; and WHEREAS„ it is the desire of the parties that the aforesaid Agreements be extended for an additional tan (10) year term. NOW, THEREFORE, for and in consideration of the mutual promises of the Parties and other good and valuable consideration, the adequacy of•which is hereby acknowledged, the parties agree as follows: 1. That Paragraph 3 of the Sanitary Sewer Main Reimbursement Agree - rent attached hereto as Exhibit "A' shall be amended in its entirety to provide as follows: DEC 9 131 10:41. 303 221. 6593 PRGE.006 That at such time as any of the property specially benefited by the Installation of the sanitary sewer mains as described on utility drawings file #C3-444 should begin to utilize said mains, then at that time the City will attempt to assess the charge against such property in order to reimburse the Developer for some of the costs associated with the construction of the aforesaid improvements. The charge to be assessed shall be on a front foot basis according to the schedule attached hereto as Exhibit' 'A'. . Should any property anticipated herein benefit from the installation of said line be developed in such a manner so as to not connect to said lipe or otherwise benefit from said line, there shall be no assessment against that propertyr, Should any property anticipated herein to benefit from said line be sub- divided into one or more parcels for development purposes, the amount to be assessed shall bs based only on that portion of the property actually developed The services of the City in attempting to assess and collect the reimbursement fees described herein are offered solely as as accommodation to the Developer. Accordingly, the City will not be liable for its failure in any fashion to collect the monies speci- fied herein. 2. That Paragraph 3 of the Water Main Reimbursement Agreement at- tached hereto as Exhibit 'B' shall be amended in its entirety to provide as follows: That at such time as any of the property specially benefited by the installation of the water mains as described on utility drawings file #C3-444 should begin to utilize said mains, then at that time the -2- DEC 9 '91 10:41 303 221 6593 PAGE.007 ., City will attempt to assess the charge against such property in order to reimburse the Developer for some of the costs associated with the construction of the improvements. The charge to be assessed shall be on a front foot basis according to the schedule attached hereto as Exhibit "A". Should any properly anticipated herein to benefit from the installation of said line be developed in such a manner so as to not Connect to said line or otherwise benefit from said line, there shall be no assessment against that property. Should any property anticipated herein to benefit from said line be subdivided into one or more parcels for development purposes, the amount to be assessed shall be based only on that*po^rtion of the property actually devel- oped. 'The services of the City in attempting to assess and collect the reimbursement fees described herein are offered solely as an accomodation to the Developer. Accordingly, the City will not be liable for its failurein any fashion to collect the monies specified herein. 3. That the term of the Agreements attached hereto as Exhibit "A" and Exhibit "9" as amended herein, shall to continue for a period of ten (10) years from the date hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day.and year first above written. ATTEST: ty Clark CITY OF FORT COLLINS. COLORADO, a Municipal Corporation t pager _ -3- DEC 9 '91 10:42'. 303 221 G593 PAGE.008 . � C APPR ED AS TO FORM: Gv4,,-- sststant Cfty ttorney SID BROOKS d ASSOCIATES (row kn%m as Hanvany Rued Mobile tune Park) BY—o -4- DEC 9 '91 10:42 303 221 9593 PRGE.009