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HomeMy WebLinkAboutFAIRVIEW FOURTH - Filed OA-OTHER AGREEMENTS - 2003-10-20P,'EMORA%DUM OF AGREEMENT ie THIS, AGREEMENT, MADE AND ENTERED INTO THIS'`jII DAY OF A.D. 19' AND BETWEEN THE CITY OF FORT COLLINS, A MUNICIPAL C``ORPnRATION, HEREINAFTER DESIGNATED AS FIRST PARTY, AND W. E. Bartran & Wm D. Bartran dba Bartran Homes HEREINAFTER DESIGNATED AS SECOND PARTY, WITNESSETH: WHEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF THE SUBDIVISION TO BE KNOWN AS The Fourth Fairview Subdivision FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOAP.D AND THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND WHEREAS, 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, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF THIS AGREEMENT, 1T IS MUTUALLY AGREED AS FOLLOWS: I. FIRST PARTY ;GREES THAT 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 IMPROVE— MENT 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-PARTY'S EXISTING SANITARY SEWER SYSTEM. (3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM INCLUDING CONNECTING LINES TO THE FIRST PARTY's EXISTING ELFCTRICAL DISTRIBOJTION 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 INCLUDING ALL STORM SEWER INLETS AND MANHOLES. (6) ITEMS AM TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION S1'STFM. 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 SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED WITH- IN THE 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 C,ST 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 SUBDIVIOER'S APPROVED PLAN. SUCH PRORATION OF C-DSTS BETWEEN THE C?TY 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 SUBMITTED TO THE CITY COUNCIL FOR FINAL DETERMINATION. IN ''vVITNESS WHEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MAYOR AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED TO BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF FORT COLLINS DATED THE 13th DAY OFJuly A.D., 1961 , AND SECOND PARTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN - ABOVE WRITTEN. ATTEST: CITY CLERK v THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION B Y�(21 MAYOR FIRST PARTY SECOND PARTY