HomeMy WebLinkAboutFOOTHILLS PARK - Filed OA-OTHER AGREEMENTS - 2003-11-03MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 30th day
of November A. D. 1973 , by and between THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Foothills Park Subdivision
For approval by the Municipal Planning and Zoning Board 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
of this agreement, it is mutually agreed as follows:
1. First party agrees 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
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
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 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 connections to the first party's storm sewer system and
including all storm sewer inlets and manholes. If a storm sewer outfall
line is not available, second party agrees to join into a special improvement
district for the installation of such outfall line upon request therefore by
first party and to sign any petition and perform any other act necessary
to form such district.
(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 sub -
divider's 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 any 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 seal to be hereto affixed attest to
by its City Clerk, pursuant
,tDo motion of the Council of the City of Fort
Collins dated the Ao LOIN day of n lam, A.D.,
19 7 3 , and .second party has hereto set his hand and seal the day and
year first hereinabove written.
ATTEST:
THE CITY OF FORT COLLINS
A Municipal Corporation
By -
Mayor
First Party
ty Clerk
(SEAL)
Second Party
James H. Tull, President
/ Court -Square Investment Co.
City tngineer
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
AGREEMENT
TUTS ACREEME11T made and entered into this 8thw day of..
November , 1976, by and between :
COURT -SQUARE TNVT. )TMPN`' CO. ,
a Colorado corporation,
hereinafter designated as the "applicant", and
'1'III; r1r17 MERCER DITCH COMPATlY,
a Colorado corporation,
hereinafter designated as "ditch company".
PROJECT:
Construction of one eight (8")'inch water line and ono
twelve (12") inch sewer line under Glitch conpany's ditch and
right-of-way at or near the Meadow -Lark Ileigl-its Subdivision, Fort
Collins, Colorado.
11TTMESS17TH :
1111F,T?'AS; the catch company is the owner of an irrigation
ditch and the ricilzt-of-way therefor. thrmigh T ncl t ex(--Anaftor.
described; and
j?IIP.'2ET_S, appl.:icant desires to construct c-'nt'. eight:
water J.1 nn and onn.. twelve (12 ") inch r>' ,ror li_nc, 1111!1cr 0.1 tch
comp<-iny's ditch an,! ri(71it-of.-way at or n^aY 'Trac�c;w-?.,al'1: I Eai f�i:r
Subdivision, Fort Collins, Colorado; arc,
WHEREAS, attached hereto as r.,:hihit "A" of
(: �) sheets) are the: plans showing the locatic;n <and tlr�p' 1, of such
water and sewer links as they will cross un6or {-he <litc lm c:ncl i.c,rht-
of-way of ' the ditch company and the -manner in which jzzch .ancl
sewer lines are to be installed; and
t rrrif'115, <z;.ra 3?r-hi.}�i.t "7�" sets forth all f thr, plan^
specifications 'an c1 i:he terms of this arant sha" <: in no way
modified or chancteu by any subsequent or. relafiecl plans or ;^.<linrial.s
not inclil ?rid therein; unless �approvecl for. charigr' '7y ditch -��mx> iny; Fir�k�
x.7 TT lT^ , the cli.tc:} cor, paz;�r i. wi.ll.incr tc� txratit t
S cm �,ri li c<;nt
this right -of. -way ut-)on terms arcd condi.ti.ons hereinafter extmrr'¢scc?;
i
:4
+ptr
jS sn
„f
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
i�oW, 1-211ERld,'ORE, in consideration of tile prel-ciises and the
terms of the within agreement, it is agreed as follows:.
1. The ditch company grants unto applicant the right to
construct and maintain its water and sewer lines siiown On
1:xjlibit IVO under the existing ditch of tile ditch company and
furti'Ler grants unto tiro applicant the right for ingress and egress
to a Nart of it..;' ditch as shall ls,)e reasonable and necessary for
the exercise of tile rights granted horein.
2. ppplicant will, upon the CoulplOtion' Of the projuct,
lurnik;ii to ditch"aj built" Qx1jibits further supplementirig
company
in filial form tkie work descri;.)ed in -,'XiIibit
3. Applicant has paid to 'ditc h company a permit fee in the
amount of Two hundred and No/100 ($200-00) Dollars for tile grant
of this rigilt-of-W-Ay. This shall Lc determined a miniiaunt Initial
-gal e
payment to cover lire 1 imi nary ulxPanseii, sucil as lwork, tune
and car use of superintendent and/or directors; rt,--viow-Of tile::
application and other preliminary matters. In addition thereto,
applicant agrees . to pay such additional reasonable and llece-ssary
exi.L,enses of the: ditch company for legal services and inspection
of the works by ditch corzipany's President, e.ngiaeer---- and/or
superintendent.
4. construction herein contemplated Shall bc, il-i strict
accordance with the filial set of plans with -,tiodificaUoils sut
forth in exhibit Any excavatioii or ciiai-iyes iii -LiLu
ditch, wiiere concrete is riot F)Mvidud for, 3i-jali L)e bawfilluu',
compacted ana staLilized to ti-iL entire satisfaction of
company. All colill)acti011 for Zj :311all jji, do.,,t- iAt
Proctor density. rehe dikes s7iiall be in conformance-witi, Liles
i
for construction of the relocation. Said WOr` siaili
done under the supervision of the supc!rirtk2n(,cn*- or
agents of the ditch company.
5. All construction shall be accomplished at a till"z- Or tillkc:--i
mutually acceptable to applicant and ditch company's superintendent.
6. Upon the completioll, of the: PrO-Ject, the applicant s1hali
promptly notify the ditch company and the partie3 shall jointly
inspect the ditch at the place of construction. if taere are
I
-2-
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
any deficiencies in the work of the applicant or any variations
from the: plans set forth in Exhibit "A", the applicant shall
forthwith remedy the Name and in so doing the applicant shall
meet all reasonable requirements, of the ditch corny:any for tne.
protection of :its ditch and surrounding property.
7. The project shall be without cost to the ditch company
and the applicant Hereby indemnifies and forever holds the ditch
company har;nless from liability for damage causeki by the: project.
3. The ditch company shall have: full power to ope-sate,
maintain, alter, enlarge or relocate it:; dite:il as if thi6
agreemc.-nt had not bo-en mado an," _ any expen:ies cau.3(ac4i t1ioreLy tO
the applicant shall not be chargeable to the ditch company.
T111IS AGREDIENT shall extend to and be binding upon the ioirs,
successor:; and assigns of tile respective pantie 3 hureto.
I14 WITNESS WHEREOF, the: partic:; hereto nave caused t1lis
agreement to be signed the day and y(.ar first h rcinai�ove writLen.
COURT-•SQUA"PE ItIVEI ::,TEIE I i Co. ,
a Color do curl )rates
by . rW
1'.Ce3ul,aa:iit
El ayne Jo +s , Ass't. Seere:tary
T ii•., NLFV i1E::;: I; I DITCI1 C'01 'i,Ny,
a ti iCr2�fo Corporation,
(SEAL)
ATTEST:
1 Secretary
STATL OF CULJ Z s iJ )
) Ss.
County of -isouluer )
1�cknowledged before: me this St_h day of _November
James h. Tull , as President, akld a�Lc:steuElayneMJ_ Johnson r
a� �rSt�t:rr�t,a 5-y r.��CUUF:t S��IJdeF.E T;r`V , � �1(I1",i: i' C•.� > , a
Assists I
witness my hand and official seal. My ct--�iilli3'_3ie'._1
_ Jf� >temher_ 2, 19,0
(S;..A'L )
STATE OF COLOWIDO )
Ss.
County of Larimer )
Acknowledged before ine this day vf. y ' 1 �•, ,� . , 1976, by
LOUIS F. SWIFT, as President, and attested to by WILLIiU4 C. STOVER,
-3-
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
as Secretary of ThE NEW EYRCLa DITCh CjAPA"Y, a Coioradu
corporation.
Witness my hand and official seal. My commission expires:
Notary vublic
N
-4-
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 1st day
of November —A. D. 1973 , by and between THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Foothills Park Subdivision
For approval by the Municipal Planning and Zoning Board 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
of this agreement, it is mutually agreed as follows:
1. First party agrees 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
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
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 electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements.
(S) 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. If a storm sewer outfall
line is not available, second party agrees to join into a special improvement
district for the installation of such outfall line upon request therefore by
first party and to sign any petition and perform any other act necessary
to form such district.
(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 sub -
divider's 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 any 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 seal to be hereto affixed attest to
by its City Clerk, pursuant to motion of the Council of the City of Fort
Collins dated the ___ &4 day of jy AA�,� kjL A.D.,
19 '73 , and second party has hereto set his hand and seal the day and
year first hereinabove written.
ATTEST:
THE CITY OF FORT COLLINS
A Municipal Corporation
First Party
lity Clerk
i
_ (SEAL)
/ % J Second Party
James H. Tull, President
Court -Square Investment Co.
City Engineer