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HomeMy WebLinkAboutFAIRVIEW WEST FIFTH - Filed OA-OTHER AGREEMENTS - 2003-10-20MEMORANDUM OF AGREEMENT THISAGREEME[JT, made and entered into this 27th day of June A. D. 19 67 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Bartran Homes, Inc. Hereinafter designated as second party, I ITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Fairview Vesit° Fifth Filing For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party -Is Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOV. 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 party's 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 party's 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 party's 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 subdividerts 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 afftlW ^ttest to by its City Clerk, pursuant to motion of the Council of the City of _._ -"Fort Cal l i na dated the 8th day of lung A. D., 19 67 , and second party has hereto set his hand and seal the day and year first hereinabove written. THE CITY OF FORT COLLINS. A Municipal Corporation Mayor First Party ATTEST: City: er APPROVED • J Party - /,City Engineer MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 27th day of June A. D. 19 67 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Bartran Hones, Inc. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Fairview "West" Fifth Filing For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOWP 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, .Sn consideration of the approval of said plat by first party, and first partyls 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 party's 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 party's existing sanitary 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 1dITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto afflAd attest to by its City Clerk, pursuant to motion of the Council of the City of Collins dated the 8th day of June A. D., 1967 , and second party has hereto set his hand and seal the day and year first hereinabove written. THE CITY OF FORT COLLINS. A Municipal Corporation Mayor First Party ATTEST: