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HomeMy WebLinkAboutLEXINGTON GREEN FIFTH - Filed OA-OTHER AGREEMENTS - 2003-12-12LETTER OF AGREEMENT Concerning: Installation of an eight (8) foot concrete pathway between Lots 14 and 15 in the Lexington Green Subdivision, Fifth Filing. 'The approved plat of Lexington Green Subdivision, Fifth Filing requires an eight (8) foot concrete pathway to be installed on a 14 foot wide public access easement located on Lots #14 and #15. The purpose of this easement is to provide direct pedestrian ,and bicycle access from the Lexington Green - village West Subdivision area to the Spring Creek Recreational Trail. Since the pathway described above will not fulfill its purpose until the Spring Creek Recreational Trail is built, and since the adjacent property owners would consider a non-functional or "dead-end" pathway to be a nuisance, it seems reasonable that the pathway not be installed until after the Spring Creek Recreational Trail is built through the area. Normally, all public improvements required in a subdivision must be installed by the developer prior to completion of construction activity. Thee purpose of this letter of agreement, however, is to provide for installation of the above described pathway at a later date after the Spring Creek Recreational Trail is built contiguous to the area. The agreed upon procedure will be as follows: 1. Bartran Homes, Inc., the developer of Lexington Green Subdivision, Fifth Filing, hereby agrees to provide the City of Fort Collins with the sum of $1500.00 in lieu of actual installation of the pathway. Bartran Homes, Inc. is thereby relieved of any further responsibility for the pathway. 2. The City of Fort Collins hereby agrees to accept responsibility for installation of the pathway at such time as -it will connect with the Spring Creek Recreational Trail or with developed open space in conjunction with the trail area. 3. The property owners of the lots upon which the easement is located hereby agree that the pathway shall be installed unless the easement is vacated by the Fort Collins City Council. Page 2 Letter of Agreement 4. The property owners upon whose lots the easement is located shall be allowed full privileges and rights of their res- pective properties including construction of yard fences on property lines, and landscaping and maintenance of the ease- ment until such time as the City of Fort Collins installs the pathway as detailed in this agreement. At that time, the property owners would agree to relocation of these improvements at their own expense concurrent with the pathway construction.. Mr. & Mrs. J. B. Bagley Date 251.2 Newport Drive Fort Collins, Colorado 80521 Mr. & Mrs./R. T. Graham Date 2518 Newport Drive Fort Collins, Colorado 80521 William D. Bartran Date Bartran Homes, Inc. Fort Collins, Colorado 80521 Robert L. Brunton Date City Manager City of Fort Collins P 11, 4MAIMMI OF AGRFE1= l� THIS AGHLE, -,T, made and entered into this day of A. D. 19 % , by and bew teen THE CITY OF FORT Co=!S,, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, Tr1ITNIESSETH: 4vHERa�LS, second party has heretofore submitted a subdivision plat of the subdivision to be knot-m as Lexington Green Sub. btli Piling For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHERES.S, said subdivision plat is acceptable to first party and first part7r11s Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, MT3 THEREFCRE, 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...Sn consideration of the approval of said plat by first f 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 flan of the proposed *.rater distribution system including the connecting pipelines to the points of connection to the first party Ts existing -rater distribution system and shoiring all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all mar -holes and connections to the first party's existing sanitary se.,er 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 sho,dng the connections to the first party's storm sewer system and including all storm sewer inlets and manholes. If a storm sewer outfall 'duis not avai lable, second party a,rc:es to join into a special improve- ment district for the installation of such outfall line upon request therefor by first party and to sign any petition and perform any other act necessary to form such district. (6) Items A (1) to A (S) 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 Cuilins dated tha day of A.D., 19 ? 3 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 '1 By First Party APPROVED: Second Party