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HomeMy WebLinkAboutSCOTCH PINES SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-10MEMORANDU14 OF AGREETMNT THIS AGREEMENT, made and entered into this 18th� day of July A. D. 19 72 , by and boutween THE CITY CF FORT COUINS, a municipal corporation, hereinafter designated as first party, and Colorado Development Fund, Inc., Lewis Melvin Johnson, President. Hereinafter designated as second party, VTITNESSETH: WHEREr.S, second party has heretofore submitted a subdivision plat of the subdivision to be known as Scotch Pines, Second 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 partyts Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NN13 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. .I:n consideration of the approval of said plat by first party, and first party Ts 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 partyls existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first party's 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 incltic] ill g all storm sexcr inlets and manholes. If a storm sewer outfall line is not available, second party agrees to join into a special i.mprove- Mont district for the installation of such outfall line upon request therefor to sign any petition and perform any other act necessary by first party and to fora such district. (e) Items A (1) to A (S) inclusi.ve are to be financed by the party of the second part, excepting only Ice"' (3) electrical distribution 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 solver mains or storm sewer Mains to be constructed within the subdivision than orould be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, t1Le 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 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 submittect to the City Council for final determination. IN WITNESS WiiEREOF, first party has caused these presents to be signod by its Pdayor and its corporate seal to be hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the day of ;�, A.D., 19 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 gy�(� Mayor First Party AT EST : City Cl,crk COLORADO DEVELOPMENT FUND, INC. (SEAL) APP1:01'Ci): Secon�T`arty Presiaent �� City F.n„ire