HomeMy WebLinkAboutFAIRVIEW - Filed OA-OTHER AGREEMENTS - 2003-10-20MEMICR'%NDUM CF AGREEi "ENT
SEPTEMBER
THIS, AGREEMENT, MADE AND ENTERED INTO THIS I4th DAY oF,A.D. , 1959 , By --
AND BETWEEN 17HE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND W. E. BARTRAN AND WILLIAM 0. BARTRAN
PARTIES
HEREINAFTER DESIGNATED AS SECOND—eyiiZy., WITNESSETH:
WHEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
THE SUBDIVISION TO BE KNOWN AS FAIRVIEW SUBDIVISION, FIRST FILING
FOR APPROVAL BY THE MUNICIPAL PLANNING AND 70NING BOARD AND
THE CITY CCUNCIL OF THE CITY OF FORT COLLINS, AND
V,'HEREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
PARTY'S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO BE SUBDIVIDED,
P:OIN, T:;EREFvRE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF THIS
AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
I. FIRST PARTY AGREES THT 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:
(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 '+ND FIRE
HYDRANTS.
(2) PLANS AND PROFILES OF THE PROPOSED SA-NITARY SEWER SYSTF-
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
SANITARY SEWER SYSTEM.
A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM ;N—
CLUDING 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 C014NECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND
INCLUDING ALL STORM SEWER INLETS AND MANHOLES.
r
IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER MA,NE,
SANITARY SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED WITHIN TH_
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
ACTU,;LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH FACILITY AS SHOW14 ON
THE SUBDIVIDERS APPROVEC ?L.LN. SUCH PRORATION OF COSTS BETWEEN THE
CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DETERI'AINED IN ADVANCE
OF CONSTRUCTION BY THE CITY EN3INEER AND IN THE EVENT OF ANY DISPUTE
THIS MATTER SHALL BE SUBMITTED TO THE CITY COUNCIL FOR FINAL DETERMINATIGN.
IN WITNESS 'VVHEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED
DY ITS 1%i,:YOR AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED TO BY
ITS CITY CLERK, PURSUANT TO MO�TJOON OF THE COUNCIL OF THE CITY OF FORT
CCLL I NS DATED THE i0-�DAY OFW,'�- A.D., 1959 AND SECOND PARTY HAS
HERETO SET HIE; HAND AND SEAL THE DAY AND YEAR FIRST HEREINABOVE
WRITTEN.
ATTE:T:
CITY CLERK
ce� V C) CL&A---1
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPOR.AT;ON
t3 Y
MAY0R
FIRST PARTY
7SL� >Ul - " (SEAL)
SECOND PARTY