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HomeMy WebLinkAboutSMITH - Filed OA-OTHER AGREEMENTS - 2004-02-26MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made and entered into this 17th day of September, A.D. 1964, by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as City, and id. A. SMITH and MYRTLE M. SMITH, hereinafter designated as Owners, T,IITNESSETH: WHEREAS, Owners are subdividing a tract of land located in the SE4 of Section 9, Township 7 North, Range 69 West of the 6th P.M., and WHEREAS, a subdivision plat dated August 27, 1964, has had preliminary approval by the Planning and Zoning Board but has not as yet been finally approved nor has the utility agreement in connection with the final approval of said plat been entered into between City and Owners, and WHEREAS, Owners have applied to City for a building permit for a dwelling to be erected on Lot 2 of said subdivision according to said preliminary plat-, and WHEREAS, the Owners are in immediate need to have said building permit issued but such ordinarily would not be issued by City until after final approval of said plat. NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. City agrees to issue said building permit conditioned upon Owners taking such action as may be necessary to obtain final approval of their subdivision plat, which said action shall be taken as rapidly as the same can be processed. 2. Owners agree to continue taking such action as may be required to obtain final approval of their subdivision plat and agree to enter into the usual and customary utility agreement to be entered into with the City and further agree in connection with any residence to be constructed in connection with the issuance of said building permit to conform with the requirements of the County Sanitarian with regard to installation of the septic tank in lieu of sewer service which is not available as yet for said property. 3. It is understood and agreed that in the event Owners do not comply with the terms of this agreement that City will forthwith revoke and cancel the building permit to be issued pursuant to the terms of this agreement. IN WITNESS WHEREOF, City has caused this agreement to be executed May or by its pursuant to resolution adopted on September 17, 1964, and Owners have hereunto set their hands and seals the day and year first hereinabove written. THE CITY OF FORT COLLINS i .5► 1 L �a�Y i I ��I LLB ATTEST: J j City Cle k City (SEAL) — - (SEAL) Owners RESOLUTION OF THE: COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF AN AGREEMENT TO BE ENTERED INTO WITH W. A. SMITH AND MYRTLE M. SMITH WHEREAS, W. A. Smith and Myrtle M. Smith have requested the issuance of a building permit for the construction of a dwelling on Lot 2 of W. A. Smith Subdivision according to preliminary plat dated August 27, 1964, and 1-7HEREAS, said preliminary plat has been approved by the Planning and Zoning Board but the final plat has not yet been approved nor has the usual utility agreement required for final approval of the plat been entered into, and WHEREAS, the applicants for the building permit have assured the City of Fort Collins that they will continue with the necessary action to obtain final approval of their subdivision plat, and WHEREAS, the City Attorney has prepared an agreement in connection therewith to be entered into between the City of Fort Collins and the applicants in connection with the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a building permit as required by the applicants be issued subject to the terms of the proposed agreement, and BE IT FURTHER RESOLVED that the terms of said proposed agreement be and the same are: hereby approved, and Mayor BE IT FURTHER RESOLVED that the W&XZDWX2ttiyxXmmKg= and the City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 17th day of September, A.D. 1964. L�-2c7� - -- ij.i•y c 1 ATTEST: l City Clerk'