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HomeMy WebLinkAboutSTRACHAN - Filed OA-OTHER AGREEMENTS - 2004-02-27MEMORANDUM OF AGREE1,1ENT THIS AGREEi4r1T, made and entered into this day of A. D. 19 , by and beirtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and COLORADO INVESTMENT FUND, INC. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Strachan Subdivision 1st For approval by the Dfunicipal Planning and Zoning Board and the City Council. of the City of Fort Collins, and WHEREF.S, 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, NGW, 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 partyls 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 server inlets and manholes. 11 a storm server outfall line is not available, second party agrees 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 fora such district. (6) Items A (1) to A (5) inclusive are to be financed by the part.), of the second part, excepting only Item (3) electri_cal distribution system. All material required for street lights are to be paid for by the party of the second part to the Light G Pourer Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm server mains to be colistructed 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 trio estimated cost of such facili.ty as shoi%gi 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 Lngincer 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 Nlayor 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 %l_ day of 1 ] );`l _ A.U., 19 % and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: APPROVED City Clerk i THE CITY OF FORT COLLINS A Municipal Corporation BY Mayor First Party role] /Second P ty .e E. Mitchell Secr , INC.