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Home My WebLink AboutGREENFIELD MANOR SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-17K--'TGRAITDM OF AGREETiT,NT THIS A.GrLIFNEIT, ma-_'e and entered into this day of , A. D. 19 , by and bewtween THE CITY 01' FORT COLLDIS, a municipal corporation, hereinafter designated as first party, and Hereinafter desiZn_ated as second party, WITNESSETH: WgERE'.S, second party has heretofore submitted a subdivision plat of the subdivision to be kno;:n as Greenfield Manor 2nd For approval by the ifunicipal Planning and Zoning Board and the City Council of the City of Fort Collins, and VHERE�1S, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject -o construction of utilities in the area to be subdiv-i.ded, NCi•?, `.C'n?.EFCdE, in consideration of the premises and the terms of this agreame'nt, 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 party's Planning and Zoning Board, second party agrees as follows: (.4) To submit to first party the folloTing detailed improvement plans, acceptable to the first party: (1) A plan of the proposed irater distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and sh wing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary serer system including all manholes and connections to the first partyts existing sanitary serer syste-;. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyts existing electrical distribution ^stem and including all street lights. (4) Plans and profiles of all street improvements. (5) Plans and Profiles of the proposed street drainage syotnm S:1Gi;ing the connections to the first party's storm sC -er system and including all storm serer inlets and manholes. I£ a storm sewer outfall line is not available, second party agrees to join into a special improve- ment district for Inc installation of such outfall line upon request therefor by first party and to sign any petition and perform any other act necessary to form such district. (b) Ito;s A (1 to :A (3) inclusive are to be financed by the party of the second part, excal,ting 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 surer 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 estinatae cost of such facility as shown on the sub - divider's 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 YhEREOF, first party has caused these presents to be signed by its Mayor and its cor,orate seal to be hereto affixed attest to by its City Clerk, pursuant tonotion of the Council of the City of Fort Collins dated th^ / ( day of ! „ �, , A.D. , 19 and second part;: has nercto set his hand and seal the day and year first hereinabove written. THE CITY OF FORT COLLINS A Municipal Corporation By y`-r 1t Cr: Mayor First Party ITU': : City Cier, APP120V1:U: - �r.ti_`\- //�. _(SEAL) Second Party I AEMORA31NDUM OF AGREEPIE"'IT TIIIS lG'. EF.hit tIT made and entered into this day of March A. D., 1977, by and between HIGIILITIE LATERALS �Ios. 22 and 23, INC., a Colorado mutual irrigation corporation, hereinafter refer- red to as the ditch company, and DVI DEVELOPMENT COP?PAATY, a Colo- rado corporation, hereinafter referred to as the developer, WITNESSETH: wHETiEAS,the ditch company is the owner of a prescriptive easement for the transnort of irrigation water across certain lands which are about to be subdivided by the developer under the name of Greenfield Manor, Second Filing; and WHEREAS,, the developer desires to change the location of the ditch company's conduit, and to place it underground; and WIIERE?,S, the ditch company is willing for these changes to be made upon the terms and conditions hereinafter set out; NOW, THEREFORE, the parties have agreed, and do hereby agree, in consideration of the mutual promises hereinafter contained, as follows: 1. The developer shall. replace the existing ditch belonging to the ditch company with an underground pipeline, to be con- structed in a workmanlike manner, of concrete pipe, t:velve (12) inches in diameter. 2. The developer warrants that the pipeline will be water- ti.:�ht and will transport the ditch company's water from the intake at. the junction of the western boundary line of Greenfield Manor, Second Filing, with the eastern boundary of Valley 1Ii Subdivision, Second Filing, on the lot lines between Lots 9 and 10 of Green- fi^ld Manor, Second Filing, to the outlet on the junction of the cast:.rn boundary line of Greenfield Manor, Second Filing, with the :c=stern boundary line of Green Meadow Homesites, First Filing, on the lot line between Lots 11 and 12, Greenfield Manor, Second Fil- ing. 3. The said pipeline shall be equipped at the intake with a trash grate constructed to specifications satisfactory to the ditch compan'v'. 4. All expenses of designing and installing the pipeline, including legal fees incurred by the ditch company, shall be paid by the developer. 5. The developer hereby agrees that he shall hold the ditch company harmless for any claims brought against it by third per- sons as the result cf the construction or installation of the said pipeline. 6. The developer agrees that the pipeline shall be com— pleted and ready for use no later than April 25, 1977. If the pipeline is not completed by that date, the developer agrees to Pay to the d_'_tcti company the sum of One Hundred. Dollars ($100.00) for each day the pipeline is unfinished after April 25, 1977; provided, however, that any delay of developer that is caused by yin act of God, strike, unusual weather conditions or other cause bevond the reasonable control of the developer shall extend the time a reasonable period. 7. The parties agree that upon the completion of the said ipeline the developer shall. furnish to the ditch company a desd to an eas�mient for the pipeline, including the right in the ditch company to enter upon the premises for the purpose of repair and uaintenance, and thereafter the ditch company shall deliver a deed to the developer conveying all of the said subdivision, except for the easement described herein. 8. Throughout the course of the construction of the pipeline, the developer agrees that the officers, agents and employees of the ditch company, through a duly appointed representative, shall be 1_%^rm:itted to inspect the work being done, and that the work shall be done in accordance with the reasonable requirements and specifi- cations of the duly appointed agent of such officers, agents or e_-nployees. 9. The pi^eline shall be constructed with a drain plug at its downstream end. Before the pipeline is backfilled, the pipe shall b: tested for leaks. The foregoing specifications are included in this contract by way of illustration and not by way of limitation. 10. The installation of the pipeline shall be in accordance with the drawing prepared by James FI. Stewart and Associates, enti- Lled D77,7 Development Company, Greenfield Manor, Second Filing, Irri- cation Lateral Relocation, as revisc>.d under date of March 19, 1977. IN IiITiIFSS WHEREOF, the parties have caused this instrument to be executed on the day and year fi-rst above written. HIGHLINE LATERALS Nos. 22 and 23, INC. By Presrdent utary DVId DEVELOPMENT COMPANY ATTEST: President :ratar.y -3-