HomeMy WebLinkAboutSMITH - Filed OA-OTHER AGREEMENTS - 2004-02-26MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into this 17th day
of September, A.D. 1964, by and between THE CITY OF FORT COLLINS, a municipal
corporation, hereinafter designated as City, and id. A. SMITH and MYRTLE M.
SMITH, hereinafter designated as Owners, T,IITNESSETH:
WHEREAS, Owners are subdividing a tract of land located in the
SE4 of Section 9, Township 7 North, Range 69 West of the 6th P.M., and
WHEREAS, a subdivision plat dated August 27, 1964, has had
preliminary approval by the Planning and Zoning Board but has not as yet been
finally approved nor has the utility agreement in connection with the final
approval of said plat been entered into between City and Owners, and
WHEREAS, Owners have applied to City for a building permit for a
dwelling to be erected on Lot 2 of said subdivision according to said
preliminary plat-, and
WHEREAS, the Owners are in immediate need to have said building
permit issued but such ordinarily would not be issued by City until after
final approval of said plat.
NOW, THEREFORE, in consideration of the premises and the terms of
this agreement, it is mutually agreed as follows:
1. City agrees to issue said building permit conditioned upon
Owners taking such action as may be necessary to obtain final approval of
their subdivision plat, which said action shall be taken as rapidly as the
same can be processed.
2. Owners agree to continue taking such action as may be required
to obtain final approval of their subdivision plat and agree to enter into
the usual and customary utility agreement to be entered into with the City
and further agree in connection with any residence to be constructed in
connection with the issuance of said building permit to conform with the
requirements of the County Sanitarian with regard to installation of the
septic tank in lieu of sewer service which is not available as yet for said
property.
3. It is understood and agreed that in the event Owners do not
comply with the terms of this agreement that City will forthwith revoke and
cancel the building permit to be issued pursuant to the terms of this
agreement.
IN WITNESS WHEREOF, City has caused this agreement to be executed
May or
by its pursuant to resolution adopted on September 17,
1964, and Owners have hereunto set their hands and seals the day and year
first hereinabove written.
THE CITY OF FORT COLLINS
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Owners
RESOLUTION
OF THE: COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE
TERMS OF AN AGREEMENT TO BE ENTERED INTO WITH W. A. SMITH
AND MYRTLE M. SMITH
WHEREAS, W. A. Smith and Myrtle M. Smith have requested the issuance
of a building permit for the construction of a dwelling on Lot 2 of W. A.
Smith Subdivision according to preliminary plat dated August 27, 1964, and
1-7HEREAS, said preliminary plat has been approved by the Planning
and Zoning Board but the final plat has not yet been approved nor has the
usual utility agreement required for final approval of the plat been entered
into, and
WHEREAS, the applicants for the building permit have assured the
City of Fort Collins that they will continue with the necessary action to
obtain final approval of their subdivision plat, and
WHEREAS, the City Attorney has prepared an agreement in connection
therewith to be entered into between the City of Fort Collins and the
applicants in connection with the issuance of a building permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that a building permit as required by the applicants be issued subject
to the terms of the proposed agreement, and
BE IT FURTHER RESOLVED that the terms of said proposed agreement be
and the same are: hereby approved, and
Mayor
BE IT FURTHER RESOLVED that the W&XZDWX2ttiyxXmmKg= and the City
Clerk be and they are hereby authorized and directed to execute said agreement
for and on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held
this 17th day of September, A.D. 1964.
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