HomeMy WebLinkAboutFOOTHILLS APARTMENTS ADDITION - Filed OA-OTHER AGREEMENTS - 2003-10-30MEMORANDUM OF AGREEMENT
TIiIS AGREEMENT, made and entered into this 21st day
Of NovvembtL ___ A. D. 19 (,g , by and bewtween THE CITY OF FORT
COILINS, a municipal corporation, hereinafter designated as first party,
and Foothills Apartments
Heroi_nz£ter designated as second party, WITNESSETH:
lZiMEAS, second party has heretofore submitted a subdivision
plat of tho subdivision to be known as FOOTHILLS APRnIMITS SUBDIVISION
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, s_id 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,
NOW, THEREFORE, in consideration of the premises and the terms
of this agrc;;as-'t, 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, 1:d first party's Planning and Zoning Board, second party agrees
as follows.
(A) To submit to first party the following detailed
improvement, plans, : cept_able to the first party:
(7.) A plan of the proposed water distribution system
including tl c connectirg pipelines to the points of connection to the
first party's c:_istirl- water distribution system and showing all valves
and fire hydra:.ao
(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 party's existing electrical
di:,tributiou system and including all street lights.
(4) Plans and profiles of all street improvements.
(>) Plans and profiles of the proposed street drainage
system oho:ring 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 subdivideris 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.
N WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be hereto affiYrd attest
to by its City Clerk, pursuant to motion of the Council of the City of
— — Fort Collins dated the FT4 day of November
with stipula i—I on5—
A. D., 1968 ! 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
By , ! ,•_
Mayor
First Party
ATTEST:
C
i c
City ler
APPPD /' ,, 7? �
i Frp;ineer
j'
.
i
i
ASSIGNMENT
The undersigned, VICTOR A. GILSDORF, being that party
designated as First Party in that Agreement entered into by and between
himself and the City of Fort Collins, on October 7, 1965, hereby assigns
said Agreement to GENE E. FISCHER and H. D. McGRAW. The said
H. D. McGraw and Gene E. Fischer by the acceptance of this Assign-
ment hereby agree to make all payments as specified therein and so
that the lease of the water as therein described is never permitted to
become delinquent. A copy of said Agreement is made a part hereof
and attached hereto as Exhibit A.
Victor A. Gilsdorf /7
ACCEPTANCE
The undersigned, GENE E. FISCHER and H. D. McGRAW,
hereby accept the above and foregoing Assignment upon the terms and
conditions as contained therein.
H. D. McGraw
State of Colorado
ss.
County of Larimer )
The foregoing Assignment and Acceptance and instrument was
acknowledged before this '7 "/ day of October, 1965, by Victor A. Gilsdorf,
Gene E. Fischer, and H. D. McGraw.
Witness my hand and official seal.
My commission expires: C
Notary Public
A G R E E M E N T
THIS AGREEMENT, made and entered into this 7th day of October, A.D.,
19650 by and between:
VICTOR A. GILSDORF, hereinafter designated as
First Party, and,
THE CITY OF FORT COLLINS, a municipal corporation,
hereinafter designated as Second Party;
WITNESSETH
That First Party.agrees to sell to Second Party and Second Party agrees
to purchase from First Party certain water rights more specifically described
as twelve (12) units of the waters of The Northern Colorado Water Conservancy
District and four and one-half (4�) shares of the capital stock of The Pleasant
Valley and Lake Canal Company. C-i -7e,o
As consideration therefore The City of Fort Collins agrees to pay Victor A.
Gilsdorf a sum computed as follows: One Hundred Dollars ($100.00) per unit for
the waters of The Northern Colorado Water Conservancy District and Twenty -Four
Hundred Dollars ($2400.00) per share for the capital stock the The Pleasant
Valley and Lake Canal Company. Payment of such sums shall be made upon
approval of the transfer by the Board of Directors of The Nothern Colorado
Water Conservancy District and upon delivery of the certificate properly
endorsed evidencing the shares in The Pleasant Valley and Lake Canal Company.
First Party shall pay the transfer fee in connection with the transfer of the
waters of The Northern Colorado Water Conservancy District.
As further consideration for the sale of the above described water rights
Second Party hereby agrees with First Party to lease back the water represented
by the above water rights for a period of five (5) years from the date of this
agreement, and as rental therefore First Party agrees to pay to Second Party
a sum each year equal to the assessments against said water rights together
with the handling fee charged by the City for handling such water in that
particular year. First Party shall pay said rental within thirty (30) days
after notice by the Second Party that it has received the notice of assessments
with regard to said water rights for the applicable year. In addition First
Party shall have the further right on a year to year basis to continue to rent
said water after the initial five year period provided Second Party does not
need said water for municipal purposes. In order to exercise said further
right First Party shall notify Second Party on or before February 1 of each
year whether or not it desires to rent said water for such year.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
CITY OF FORT COLLINS
BY: 4 C.�" Y � Tti
/ - Mayor
ATTEST: (/
�1
City Clerk
-2-
/��%
First Pa ty
PETITION AND APPLTCATICN FC_R REZCNrNG
STATE OF COLORADO )
ss.
CCLIIT`1 OF IARZdZR
TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Gentlemen:
We, the undersigned, being the owners of 50% of the following
described property, situate in the City of Fort Collins, County of Larimer..
State of Colorado, to -wit:
SEE ATTACHED
Containing, 113.161 aeres, more or less, do respectfully
petition and requestthat Me Ci y£yCouncil amend the zoning ordinance
of the City of Fort Collins by changing said above described land from
RM zone to R_P zone,
Respectfully
p Z,y submitted,
STATE OF COLORADO )
ss.
COUNTY OF IARIXER ;
The foregoing instrument was acknowledged before me this 13th day of Sent.. 1968
By Gene E. Fischer Partnex Foothills A ar e
forte purposes ere n set ort .
1$r commission -e Aires August 14, 1972
`- 7_�
0
iglote: Filing of a petition to rezone requires a deposit of $ 50.00
with the City Clerk to defray the cost of the amendment,
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