HomeMy WebLinkAboutELLIOTT MILLER SEVENTH - Filed OA-OTHER AGREEMENTS - 2003-07-31MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 19th day
of Awl A. D. 19 68 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Elliott Miller Construction Co. Inc.
Hereinafter designated as second party, WITNESSETH:
WHER]±AS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Elliott -Miller Subdivision, Seventh Filing
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEFC,&S, said subdivision plat is acceptable to first party
and first partyts 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 this agreement, it is mutually agreed as follows:
1. :First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. In consideration of the approval of said plat by first
-- party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first partyts
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system showing the connections to the first partyts storm sewer system
and including all storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
water mains, sanitary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
practices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost of such enlarged facility based on proration of the cost of the
facility actually constructed and the estimated cost of such facility as
shown on the subdividerls approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be determined in advance
of construction by the City Engineer and in the event of any dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be hereto affilW attest
to by its City Clerk, pursuant to motion of the Council of the City of
- _-Fm-t Collins dated the 8th day- of February
A. D., 1968 , and second party has hereto set his hand and seal the day
and year first, hereinabove written.
ATTEST:
i
uIty Clerk
APPROVED:
Cite�h?ineer
THE CITY OF FORT COLLINS.
A Municipal Corporation
J
By v r
,.
Mayor
7 First Party
ELLIOTT4TILLER COP?STRUCTION CO. Inc.
(SEAL)
econd ar y