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HomeMy WebLinkAboutMILLSAP - Filed OA-OTHER AGREEMENTS - 2003-12-22MEP10RANDUM OF AGREELIENT THIS "+GP?""T "f\TT, made and entered into this )f January 9th dat- A. D. 19 61 , by and between I'- 7ITY t;a ?0-,T n1T,I;TC, a municipal ccrporation, hereinafter desi_inited as first partl-, u(, School District # 5, Ralph & Alberta Y. Kessler, Howard Evans Estate Hereinafter as second party, WITNRSSETH: WHEREAS, oec, nc .art-r has hereto.`submitted a subdivision plat or' the subdi- i) to be known as The Millsap Subdivision For approval by the Municipal PlanninZoning Board. and 1 City Council of the City of Fort Collins, and said subdivision plat is ^ccoptable to first nasty and f rst party?s F'l nn'r_r and Zoning Board, sa;)ject to construction of utilities in the area to be subdivided, NOIN, �T'.''R ,FCR';, 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 consi''eration of the approval of said plat b„= first party, and first nartytc Planning and Toning Board, second party agrees as follows: (A) To submit to first party the following detailed improvement plan_, acc< able to the first party: (1) A plan of the proposed water 'istribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and s_,,D,Jing a_11 valves and fire hydrants. (2) Plans and profiles of the proposed sanitary s-- er system including all manholes and connections to the first party's existing sanitary sewer system. (3) A plan of the proposed electrical distributj,i ysJeri including connecting lines to the first party's existin_, elect, -Loaf distribution system and including all street lig'ts, (�) Plans and profiles of all street imorove:ients, (7) Plans and profiles of the proposed 3'1rect drainage system shoeing th connections to the first partyls store s-*stem and includinU; all storm sewer inlets and manholes. (6) Items A(1) to A(5) inclusive are to be financed by t.ir, party of the second part# excepting only Item (3) electrical distrihutio, system. All material required for street lights are to be Dais f;J• hlyr thc, party of the second part to the Light & Power I)epartment of '.- Citye In the event '.he City of Fort Collins shall require larger wa--r mains, sanitary sewer mains or storm sevaer mains to be constructed :,n,n the subdivision than ..ould be required by standard enginee-r_n i i.i es to serve t`_s subdivision, in order to pi operl7* extend these ,ices to other areas, the City of fort Collins .� _1 pay a portio_. c_" cost of such enlarged facility based on proration of the coet of Lne is �,,T actually constructed and the estimated cost of such f<�cilltS a� o,. the sub di"i,,e -roved plan. Su_-i rroration of [,_: of Fort Cy,__ in= �,nd the subdivider ;.tall ue determinod in -f ,on-struction by the City Engineer and in the event of any dispute tr_ er shall ae submitted to the City Council for final determ9_nation, IN 111T!'-SS 'UT7',P,^OF, first party has caused these presents to " . be siLned by its 7—iyor and its corporate seal to be hereto affixed s-tt,a' to by its City Clerk, pzrsuant to motion of the Council of the City of Fort Collins dated the 5th day of January A.D., 1911 , and second party has hereto set his hand and seal tha day and year first hereinabove written. ATTEST: 4('1- City Clerk THE CITY OF FORT COLLI'S d. A D%unicipal Corporation First =r' y See yc Lr,_•ty