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HomeMy WebLinkAboutPRESTON-KELLEY SUBDIVISION - Filed OA-OTHER AGREEMENTS - 2011-12-29�l l Rve,5�kl , AGREEMENT any THIS AGREEMENT is made and entered into this ` O`day of 1986, by and between the City of Fort Collins, Colorado, a municipal corporation, (City) and Hewlett-Packard Company (Company). WHEREAS, the City and the Company did enter into an agreement in March, 1977, a copy of which is attached hereto, and by this reference made a part hereof, and shall hereinafter be referred to as "The Agreement": and WHEREAS, pursuant to Paragraph 5 of The Agreement, the Company has extended a sewer line to the north boundary of its property; and WHEREAS, pursuant to Paragraph 5(A) and (B) of the Agreement the Company's sanitary sewer flow requirements were set at 3.171 cfs; and WHEREAS, pursuant to Paragraph 5(E) of The Agreement, the Company is entitled to certain repayment rights; and WHEREAS, pursuant to Paragraph 5(F) of The Agreement, the Company has certain obligations to participate in the cost of the extension of the sewer line to the south boundary of the Company's property; and has additional repayment rights; and WHEREAS the purpose of this Agreement is to determine the Company's obligation pursuant to Paragraph 5(F) of The Agreement, to determine the Company's repayment rights pursuant to Paragraph 5(E) and (F) of The Agreement, and to clarify the Company's sewer line flow capacity rights thereunder. 1 w fir►" NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, the payment by the Company as hereinafter provided, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. As full and final settlement and satisfaction of the Company's obligation to participate in the cost of the extension of the said sewer line to the south boundary of the Company's property, as said obligation is described and defined in Paragraph 5(F) of The Agreement, the Company does hereby agree to tender to the City upon execution hereof, the sum of Thirty- five Thousand Dollars ($35,000.00). The City's execution of this Agreement shall constitute its receipt of said funds. 2. In consideration of the City's relinquishment and waiver of any and all claims for or rights to additional financial participation by the Company in the construction of said sewer line to the south boundary of the Company's property, as said obligation is defined in Paragraph 5(F) of The Agreement, the Company does hereby surrender, relinquish and assign to the City any rights that it now has or may have in the future to repayment by City or third parties of any of the Company's costs in extending the original line to the north boundary of the Company's property, or in extending the line to the south boundary of the Company's property, as said repayment rights are defined in Paragraph 5(E) and (F) of The Agreement. Accordingly, the City shall have no obligation whatsoever to make repayment to the Company for any of its costs in extending the sewer line either to the north or south boundaries of the Company's property as said repayment obligations are defined in The Agreement. 2 3. In consideration of the Company's payment and relinquishment of rights as hereinabove described in paragraphs 1 and 2, the City agrees to the following clarification of the Company's sewer line(s) flow rate capacity and costs: The capacity referenced in paragraphs 5(A) and (B) of The Agreement and originally installed by the Company for its future development (3.171 cfs) will be available for use by the Company without additional financial participation in any future sewer system capacity increases or line expansions or extensions. Notwithstanding the foregoing, if flows from the Company exceed 3.171 cfs, the Company will pay the cost of additional system capacity, line expansions or extensions, to the extent that such costs is proportionately attributable to the Company's flows in excess of 3.171 cfs. 4. The purpose of this Agreement is to modify the understandings of the parties with respect to Paragraph 5 of The Agreement, and to resolve any dispute that may exist between the parties with regard to the meaning of Paragraph 5. Except as is herein modified or explained, The Agreement shall continue in full force and effect. 5. This Agreement shall inure to the benefit of the successors, representatives and assigns of the parties. 3 LWA Fn IN WITNESS WHEREOF, the parties to this Agreement have caused the same to be signed the day and year first herein above written. ATTEST: City Clerk APPROVED AS TO FORM: J,A)�-) Uti_ Assistant City Attorney AT ST: ti, " U__"' 4 THE CITY O FORT COLLINS, COLORADO c � By: Steve Burkett, City Manager HEWLETT-PACKARD COMPANY C. Cr--sg Wordiund secretary & Cp"aft iY ."'fir; • ! CI d��^18+>f_+�.J i� lw+.'�Rv�'.,.�w 'R!.iY4.. ✓;+i�P'.Y�i: "T+t+�f.w A�s."�+.+. `+. r-tv'q%�a [hp3 HEWLETT PACKARD ^ No. / FT. COLLINS SYSTEMS DIV. ' • M • • 06510G11 �:• 35P000-00 • • .6 • 35�vGC.JD :17 EWER EXT9 TOTALS 35.000.03 •00 3590000OU 3404 E. Harmony Rd., Fort Collins, CO.80525 � CP33 PACKARD Th. Northern Host ComPaey 70-2414 FT. COLLINS SYSTEMS DIV. Paysou rhrough N.rth�rn Trust 3anWN•pOrvi110 719 3404 E. Harmony Rd., Fort Collins, CO. 80525 CHECK NO. VENDOR MO. DAY YR. VERIFICATION AMOUNT 000056;-7 387Ai :6:ZO 86 •****35,D40.0 $359000.00 PAY TO THE ORDER OF V'010 AFTER 30O YS CITY OF FORT COLLINS WLETT- PACKARq OMPANY FI1VAiVCE OEPARTNENT J i?4, P.O. 83X 530 / :i 1. zw FORT COLLINS / CO 810522 1180000S62711, 1:071924L44t: 308876371I'