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HomeMy WebLinkAboutTHUNDERBIRD ESTATES THIRD - Filed OA-OTHER AGREEMENTS - 2004-03-03MEMCRANDUM OF AGRE MU THIS AGREEMENT, made and entered into this 21st day of March A. D. 19 63 , by and bewtween THE CITY CF FORT COLLINS, a =nicipal corporation, hereinafter designated as first party, and Thunderbird Estates, Inc. Far--inafte:? designated as second party, WITHESSETH: WIiERFAS, second party has heretofore submitted a subdivision plat of the subdivi.sioa to be kno,:i as Thunderbird Estates, Third Subdivision Fnr approval by the Municipal Planning and Zoning Board and the City Ccm-t^il of the City of Fort Collins, and 4rr'.F?L.S, s=.id subdivision plat is acceptable to first party and first parl-•y's Planning a:nd Zoning Board, subject to construction of utilities 'n the are-. to be subdivided, J.V, THERE CRE, in consideration of the premises and the terms of this agr--r.crtt, it is mutually agreed as follows: 1.e Fist party agrees that said subdivision plat shall be, and the sxn— is hereby approved. In c n.sideration of the approval of said plat by first party, and f'_rst psrtsyss Plannin-; 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 fie connecting pipelines to the points of connection to the first party's existing water distribution system and showing all va';mes and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system in^lining all manholes and connections to the first party's existing c.^ l'taay se,.••er system. (3) A plan of the proposed electrical distribution system including connr�cting 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 shry, ng the cc -notions to the first party's storm sewer system and ir_clud -g all storm sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the part,, of the second part, excepting only item (3) electrical distribution syshe:::, A1'. material required for street lights are to be paid for by the party c,f the second part to the Light & Power Department of the City. Tn .h,; event the City of Fort Collins shall require larger water mr.ir. ,, sc:rita.ry se:osr ma'_rs or storm sewer mains to be constructed within the subd'-ri.^ion then would be required by standard engineering practices to sarve the subdivision, in order to properly extend these s^rvicao to cth.cr areas, the City of Fort Collins will pay a portion of the cost of Sur'i enlarged facility based on proration of the cost of the actually constructed and the estimated cost of such facility as the sub?ivider�s approved plan. Such proration of costs between t:- City of Port Collins ^.nd the subdtvi.der shall be de`,ermined in advance of cr Structicn by the City Engineer and in the event of any dispute this mf,v-er s::all be submitted to the City Council for final determination. 7� WITNESS WHEREOF, first party has caused these presents to j .4,)ycr and its corporate seal to be heret .F"' Attest r c-- C`_.+,r Ci g_ k, prx cuant to motion of the Council of the City of the loth day of January A. 1) '._;,631 and second party has hereto set his hand and seal the day a;.jd yec- --mot harcir;_=.bove written. A_m.T-.- m , .1��. �2/ , G Cleric THE CITY OF FORT COLLINS. A Municipal Corporation By i Mayor First Party Thunderbird Estates, Inc* (SEAL) econ arty f