HomeMy WebLinkAboutPOUDRE VALLEY MOTORS - Filed OA-OTHER AGREEMENTS - 2004-01-27A G R E E. M E N T
THIS AGI'EJ:';":NT, made and entered into th
30th clay of
June ,
A.D. 19 72 , by and betwee,-c TIIF: CITY OF FORT COLLINS, a municipal corporation,
hereinafter designated as City, c_nd____Dellenbach Chevrolet, Inc.
horeinafter designated as Subdivider, W1Tj,'ESS➢:TII:
WHEREAS, Subdivider is the caner of ttic property more particularly described
as follows—
I
and has subdivided or otheraise developed said lands, and
WHEREAS, in connection with said subdivision, it was necessary that Subdivider
install. a 8 inch sanitary sewer main along the following locations:
Along College Avenue from the north line of Pastor Motors property to a
point 30' south of the Dellenbach Chevrolet, Inc. property north line.
and
WHEREAS, Sections 28 through 31 of Ordinance No, 17, 1965 of the City of
Fort Collins set forth the policies of the City regarding oversize mains and
extension of mains through other lands, and
WHEREAS, said sewer main as installed, in addition to benefiting the
lands of Subdivider, also benefited to some extent the lands described herein, and
WHEREAS, anaccounting has been made to determine the cost of the installation
of said sewer main;, and the complete cost of said sewer main was $6,285.59
NOW THEREFORE, in consideration of the premises and the terms of the within
agreement, it is agreed as follows:
1. Subdivider dial install said sewer main, and said main was installed in
accordance with the requirements of the City Engineeer of the City of Fort Collins,
and the installation is approved by said City Engineer.
2. Upon the completion of the installation of said sewer main and the
acceptance of the same by the City Engineer and further with the presentation
to the City of proof that allbills and charges in connection with the installation
of said sewer main have been paid, the City, p-.;rsuaut to the provisions of Section 28
of Ordinance No. 17, 1965, is to pay to the Subdivider the sum of $268.56
--- %.of the cost as its share of the cost of installing said main.
3. It is understood and agreed that the main installed did benefit the
property described below as well as the property of Subdivider; and in accordance
with the provisions of Section 31 of Ordinance No. 17, 1965, the City will attempt
to assess a charge against such other properties in order to reimburse Subdivider
for some of the cost of such main. Such assessment of cost shall be required
by the City before any part of the property benefited by said sewer described
herein shall be served by said sewer. The charge to be assessed shall be a
percentageo of the cost of the main borne by the Subdivider. Such percentage
and benefit in this case would be as follows:
All properties abutting said sewer line and benefited thereby have satisfi6d
their obligation with said subdivider, with the exception of a 285' frontage
formerly owned by Cooper and presently owned by Jack Williams & Assoc.
Percentage obligation of this frontage:
$5.035/per front foot
285'
$1,434.97
Upon collection of such assessment, the City agrees to pay the same over to
the Subdi.vidcr; provided, however, that the duty of the City to collect such
assessments and pay the same over to the Subdivider shall not extend for a period
of more than ten (1-0) years from the date of this agreement and provided further
that in the event the City is for any reason prevented from collecting such
assessments, then and in the event this provision of this agreement shall be
null and void and the City shall have no obligation to reimburse the Subdivider
for any part of the cost of said main other than as set forth in paragraph 2
above.
IN WITNESS WHEREOF, the parties to this agreement have caused the same to
be signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS,
By x��
City Manager
ATTEST:
City C1c.rk
By
Subdivider
ATTEST: