HomeMy WebLinkAboutPOUDRE VALLEY - Filed OA-OTHER AGREEMENTS - 2004-01-27_ 1SuiuTIM
OF 'iIZ LITY 00 , IL W THE CITY OF Fv;T MILKS A'P.IOVIM K
the Jity of Port Collins does not have a trunk line
sanitary scier which can service the area known as the Pou ire valley
ubdivision,nou an addition to the City of Fort Collins, Colorado, and
;.ZS, second parties are the owners of most of the lots in
said subdivision anal arc Mlin„ to install said trunk line sanitary sewer
at L,Oir Cn_Cnsa -roviun_ t_iat My be :repaid for such installation costs
at least to tnrn cnowLc of ne avoant of money that will be raised by the
assessment
ljn2lohien IS ZUA�J&Ld to .. ;paid fur - se-r vzc. or sanitary sewer
c v_tcc i ov.K-, ztseaU to .:_.c prevision oY Sectiol_ 40 of one cane
of ordi"aaccs of t.hc .;ity of YUM aolii_s, an
jLy .',ttoraey has prepareu an a- ecanut to be
ent' _cd ' n,o eet .can 24e ,.jcy of ecrt IMILus and tuff said l4arold 7.
. Mur aLO na a , . :flier, t,._ ter::.s of .Ijca have beer approved by
Lha My ianaocr, and
c�= .:ul� of t le Ji y junncil _' at it will be
,-..r �.:c ,4,UL _, ..ity Ul u,,t aoi saij a.reuyert oe
1700 now „_, Ally Or `Ort �ullin9 ard ch, sai..: 7a.olu 44.
flier ar.i .,.:ra i . hiller ;
- �, , ,,g��s, I, M.INKS ,Y T_[� Al'T?LC CITY OF
wn,V ay.i.MS that the terms of said proposed agreement be and the same are
hereby approved;
, i i 1ESCIVED that the myor and City Clerk be and they
authorized and
a.., acre y/directed no _accute said agreement for and on behalf of toe Sty
of Fort Collins -
Passed and adopted at a _ oular meeting of City �ouncil held this
21st day of Juiy , A.D. 1960.
10yor
AMM
a r;. 6L Ev
_,.. 1_ anc' ,nte_ec. into this 21st day of July, 11_.2,.
Un �- -jjj .. >Tunici >al cor,;o-ation,
:._, 1, l.a J: t. ✓i l,j 1. rLBv as .__ ii paCLy, anc r ('� . _. ana iu .
1
aeccr;: a rt4c,. a,:._ t}.,e owners, of L'ne lots ii: the .'ouc re
\'ailc:y visio no.:, a:!addition to tie City or ;'ort :;ullins, ''olorado, and
,y,- , at L!ie _sc,.� cin:e t _ is no available t';:unlc lines
o: L- ,ity .sanitary Se�.:e'r-ystens that can serve said lots, and
�., ,,Leon-! oartie nave a_recd to install a trunk line which
s�111 follow t!u, follovin,; ccuzsec, to-wiL:
at tac en.l of an existin,' sewer: line on the "esterly
;ouoty Canal :;o. 2 adjacent to one Soulae-cij;
u ;ay 1 of sL �lbcrLy :. tz- ar_d runs Lnence
'SLer ly l�i.; fCe C, r-..);:C Jr C"anLe'j- L.L1:e OS
ulberry tceeL, along tie ccz,t_,- line of _eet
lucr;_ - ,, treuc J Ga -2 . cet, t i l.c:: �.W 2u .,
➢,u,C OC 11-Ft;, LO tiiC i._nto' OL LOiSCr ive�
ac Chcir%:pence, subject, hoveve:, to-^_icibucsement as herein contained.
2' *' _ �J:TT.'`.� of the premises and the terms of
tUs a_recn.ent it is mutually agreed as follows:
1. Second parties aCree to install the above mentioned sewer
trim!: lice alcn; the courses herein above mentioned, which said trunk line
a;call be installed forth'ALb Ln r,t-r ti=.e direction of the i,ity Sngineer and
in accordance. ;with ty specifications. ';lien said trunk line has been
com;iletcly installed, second artier shall furnisl: first party ecith an
itemiccd statement of the ezpense of installation.
20 ';Lst ,arty agrees that as buLLJing permits are obtained for
lots in such sllb!iViSion, that a credit shall be given for t`ue irunic line
asscssn:ent of one cent for each square foot of the lot area for which service
re:;aired, ,rt,Lco said c-sdit shall be given until a c-.ediL has been Uiven
Por all of Chc Lots in said i'oudre Valley Subdivision or until tic cost
Of installation of said sanitary sc4,cr ta:unk line pas been paid in full,which -
v _ eartio..o:.0 rcr,�.':nresc[r:ent shall be made to second parties oahicli shall
c..ccc-1 tir=. trune line asscss:acrts for the lots in said i'o ud ra Valley
Cubdivisicn., If Gie trans line assessment provided for in Section 21-45 of
Lho code of oi:dinances of the !:icy of '.tort _'ollins shall hereafter be
increased or decreased, the amount of credit to be given to second parties
;tall be in accordance with the trun% line assessment in effect at the
time the building permit is required.
3. :;s regards any lots in said Poudro Valley subdivision,not
o:;ned by second parties thereof, the owners shall be required to pay the
trunk line assessment at the time the buildinf; permit is issued and such
assessment shall be paid to second parties if second parties have not
theretofore been repaid in full in accordance with tine terms of this
agreement.
1," iS 11TUtif_,LY AG:IFCL'it that the terms of this agreement shall extend
to and be bindin;; upon the heirs, executors, administrators, successors,
and assins of the respective parties.
Il: ",'IT.IGSS " second parties have hereunto set their hands and
seals, anti first party has caused its corporate name to be hereunto subscribed
by its Tayor and its corporate seal hereunto affixed by its City Clerk,
)ursuant to resolution of toe City Council of tine City of Fort Collins
adopted on the 21st day of July, A. D. 1900.
ATThST:
City UI`crk
CITY OF FOH COLLINS
Mayor
•Tarty of the First Party
//." C (SCAL)
Second Parties
2
FP,!CRA'0-1'! OF AGREE.SENT
— March
THIS, AGREEMENT, MADE AND ENTERED INTO THIS kith DAY OF A.D. 1960,BY
AND BETWEF"1 THE CITY OF FOPT COLLINS, A MUNICIPAL CORFORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND Poudre Valley Construction
HEREINAFTER DESIGNATED AS SECOND PARTY, WlT":ESSET�d:
MIEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
THE SUBDIVISION T"D HE KNOWN AS The Poudre Valley Subdivision
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING ROAPD AND
TI'F CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
L"JH EREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
I'f,PIY"9 PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO BE SUBDIVIDED,
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF
TH1.AGREEME"T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. kS'f PARTY ..GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND T!dE
SA>:IL IS HEREBY APPROVED.
P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PAPfY,
AND FIRST PARTYIS PLANNING AND ZONING POARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TO SUDIAIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE—
MF'IT I'LA.NS, ACCEPTABLE TO THE FIRST PARTY:
(1) A PLAN OF THE PROPOSEC VLiTER DISTRIBUTION SYSTEM INCLUDING
T"HF CONNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST PARTY IS
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDI<ANTS.
(2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL M.:NHCLES AND CONNECTIONS TO THE FIRST PARTYIS EXISTING
S "UNITARY .SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLNDING CONNECTING LINES TO THE FIRST PARTY IS EY'STINIO, ELFCIH,CAL
D I STRIaUT ION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND FROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY IS STORM SEWER SYSTEM AND
1,NCI_IIDING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A(I) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYIICTM. ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY
THE PARTY OF THE SECOND PART 70 THE LIGHT 9x POWER DEPARTMENT OF THE CITY.
IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIRE LGRGER WATER
PLAINS, SANITARY SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED 191TH—
IN THE SUBDIVISION TH.",N WOULD BE REQUIRED BY STANDARD ENGINEERING
P,i,CTICES TO SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SEPVICES TO OT,,ER /.REAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
OF THE C:ST OF SUCH ENLA:+!ED FACILITY BASED ON PRORATION OF THE CO,>T OF
THE FACIL!TY ACTU:,LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
,,CILITY AS SHOWN ON THE SUBDI VIDER'S APPROVED FLAN. SUCH PHOR;ITION' OF
Cu&TS BE"Ib9E'_N THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE
,IF TE RMINED IN DVANCE OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE
FVENT OF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY CO(NG II
FOR FINAL CETF_RMINGTION.
N, 'pIJI i''�SS ,IJ I{ESE F, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
SIGNEO LY ITB "AYO% AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
TO BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CI iY OF
October FOLT COLLINO DATED THE 29th DAY OF // A.D., 1959 , AND ,-GOND
PA'.-TY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIPST HERFIN—
ABOVE WRITTEN.
ATTEST:
THE CITY OF FOP,T COLLINS, A
MUNICIPAL CORPORATION
V", Y OR
FIRST P:,RTY
Poudre Valley Construction
CITY CLERK
SECOND PARTY