Loading...
HomeMy WebLinkAboutHIGHLANDER HEIGHTS TENTH - Filed OA-OTHER AGREEMENTS - 2003-11-26MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 28th day Of October A. D. 19 (,.A_, by and bewtween THE CITY OF FORT COLLINS, a municipal corporrticn, hereinafter designated as first party, and Highlander Heights, Inc, Hereinafter design^tcd as second party, WITNF.SSETH: WHEREAS, second party '.no heretofore srbmittcd a subdivision plat of the subdivision to be know_ as _ Highlander Heights Tenth Suhdivision For approval by the Municipal Planing and Z:rdng Board and the City Council of the City of Fort Collin , end WHEREAS, said subdivis.tcn plot is saeept^.ble to first party and first party's Planning and Zoring Board, subject to construction of utilities in the area to be subd' ^ ded, NOW, THEREFORE, in consideration of the prem"ses and the terms of this agreement, it is mutually agreed as follOwe: 1. First party agrees tht s-.`_.d subdiv.'=_sion plat shall be, and the same is hereby approved. 2. In considerat_^n of the approval of said plat by first party, and first party's Pa:r_i.n and Zun_'_ng Board, second party agrees as follows. (A) To submit to first party the following detailed improvement plans, acceptable to the fist party: (1) A plan of the propossd water cKstribution system including the connecting pipe iP?^ to ".e poi is cf confection to the first party's existing water distri}nti.n system and showing all valves and fire hydrants. (2) Plans and profiles of .,.a proposed sanitary sewer system including all manholes and ccnnectioa to the first partyls existing sanitary sever system. (3) A plan of the prcpo-!od electrical distribution system including connecting lines to the first party's existing electrical distribution system and including all streei'c lights. (4) Plans and profiles of all street improvements. (5) Plans and profi_.a^ of the proposed street drainage system showing the connections to the first p-..rty's storm sewer system and including all storm sewer 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 subdivider'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 :S` ttest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the 24th day of 'October A. D., 19 63 , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City Clerk THE CITY OF FORT COLLINS. A Municipal Corporation Fir arty econParty