HomeMy WebLinkAboutFAIRVIEW NINTH - Filed OA-OTHER AGREEMENTS - 2003-10-20MEMCRAATDBJI OF AGREFICNT
THIS ANT, made and entered into this 18th day
of February A. D. 19 64_, by and bewtween THE CITY CF FCRT
COLLIM, a municipal corporFtion, hereinafter designated as first party,
and Bartran Hems Inc,
Hereinafter designated " second party, WITMSETH:
WHEREAS, second pasty bw s heretofore sub!dttad a subdivision
plat of the subdivision to be knownn as The Ninth Fairview Sub=divigiag
For approval by the Mu:�-cipal Planning and Zorir.g Board and
the City Council of the City of Fart Co;.ii no, and
WHERMS said subdivisirn plrt is asceptable to first party
and first party's Planning and Zoning Board., subject to construction of
utilities in the area to be st:bd��T_cied,
NCW, THERE ME, in cons-Ideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees fhat s,-t�.d subdivision plat shall be,
and the same is hereby approved,
2. In consideration of the ogpproval of said plat by first
party, and first party's PIairi.r� and Zcting Board., second partly agrees
as followe.:
(A) To submit to first party the fcllowing detailed
improvement plans, accepta'ile to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to `a3 po;::+s of con-iecticn to the
first party's existing water distribctica system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and co ne .tio::s to the first party's
existing sanitary sewer syatsm.
(3) A plan of the propou-od electrical distribution system
including connecting lines to the first partyls existing electrical
distribution system and including P.11 street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiics of the proposed street drainage
system showing the connections to the Vast partyts storm sewer system
and including all storm sever inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical 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 sewer mains or storm sewer mains to be constructed
within 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 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 subdivideres 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 aT7 dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate peal to be hereto Af�— +.test
to by its City Clerk., pursuant to motion of the Council of the City of
Fort Collins dated the 6th day of Abruary
A. D., 1964 and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
City Clark
THE CITY OF FORT COLLINS.
A Municipal Corporation
Second y