HomeMy WebLinkAboutGREEN MEADOW HOMESITES - Filed OA-OTHER AGREEMENTS - 2003-01-31Page is too large to OCR.
MEMORANDUM OF AGREEMENT
J it U:. UU1 ( �.
THIS AGREEME4NTy/made and entered into this day
of A. D. 19 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and 14 aP I . J'... :.. +,AY 4 :U .L I?N , . Jt 1.1 :A I;y
Hereinafter designated as second party,
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as iRkc .;. ;1 r1 JiI r
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 s^.nitary 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
c7pall stcrm sewer inlets and manholes,
(b) Items A (1) to A (5) inclusive are to be financed by the
Tarty of the second part, excepting only Ttem (3) electrical distribution
system, All natori.al required for street lights are to be paid for by
oo pi—ty of the scconl pert to the Light & Power Department of the City.
Tn the event the City of Fort Collins shall require larger
rater mama, sen ta_ry sewer mains or storm ce n, mains to be constructed
ti_t':ln Vie c �_-...sir:2 then wctild be required by standard engineering
p qc0ces to carve the subdivision; in crier to properly extend these
}
r;^yvi.ec; to o '..-r c..._.,' t e Ca+.y. of t„ Co _-c._ 7"r_.11 pay a pc -.-ion o
.e ccst of such c11arn:d facility based on p."rc, c._n of the cr. t of the
_y c
c.,+ of such facility as
c_i Vie r0divider`s PT7r3vod plan Suc> proration of costs b,,tnecn
; c City of Fort Colli-s s_.. ' e s '_livider Cinil be determined in advance
cf crn-hro-K of by the City EnCineer anal in the event of any dispute this
viV= chill be sub:i.t-od to the City Council for final determination,
lid 1^.rLPITISS 4 'y I=^, first p: _ y has caused these presents to
wc s=d by -_.s , 70w a_.d its cc-rpora'-•e seal to be here` ` `,test
to Yj it7 City Cieno T71:=t to motie- of the Counts of the City of
" _i V!Yny KnI d '.'^e f/f day of 160' 11
A. Doy 7 second party L^.s hersto set his hArd and seal the day
and year first hcr�in!-.'-,cve i:ritten,
T:s CT'i 07 FORT COT,LrTS,
A 11u-`3.'.pal Corporation
a r
F st Party
_TES..
(SEAL)
�,, Second Party
� j
Al: ADDENDUM: yn
A c Lirr 2 Paragraph (A), : ub l9ragraph, 2 ; of "MENCPA :DU' GP I-7-:7"
Lc AL:
s a6r7cO Oat the g raii.ew an the acycr ling. ilo;i°ng North
are prcilrinary .,nt are jU'.'^:.e U- chamgc perdirL .1"...1 Cat urrhll .,,I. n
. c cn . :11.e.od .
Thomas R. Jennaway- and
Fh'�1 uh M. j enrawc.y
Wines H. 3a::sm
E gi n Baer fer Appl -.n
AUDENDU_,, TO UTILITY AGREEMENT
1. IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD
UTILITY AGREEMENT PETWEEN THE CITY OF FORT COLLINS, COLORADO AND THOMAS
AND
R. JENNAWAY/ EDI TH N,. JENN AWAY *)OW)BWMV,*kt)E)O1$>UC MM*)PAX:X)fU aX
DATEO — , THE FOLLOWING TERMS AND CONDITIONS
SHALL APPLY:
A. THE LETTER AGREEMENT FROM HERMAN K. BAETZ AND NIADEL F. BAETZ TO
THOMAS H. AND EDITH N,. JENNAWAY DATED DECEMBER Z, 1964, A COPY
OF WHICH IS ATTACHED HERETO, SHALL BECOME A SUPPLEMENTAL PART OF
THIS AGREEMENT. THE CITY OF FORT COLLINS, COLOF:ADO SHALL MAKE.
AS A CONDITION PRECEDENT TO THE ISSUANCE OF ANY BUILDING PERMIT
FOR ANY STRUCTURE TO BE BUILT ON THE BAETZ PROPERTY AND THE USE
OF ANY OF THE UTILITIES AND IMPROVEMENTS INSTALLED UNDER THIS
AGREEMENT, THE REIMBURSEME14T TO THE JENNAWAYS OF THE BAETZIS
SHARE OF THE CONSTRUCTION COST AS OUTLINED IN THE ABOVE REFERRED
TO LETTER AGREEMENT.
B. THE AGREEMENT BY AND BETWEEN COBUS H. MILLER, ROBERT L. LAYLAND,
AND THOMAS R. JENNAWAY DATED DECEMBER 17, 1964, A COPY OF WHICH
IS ATTACHED HERETO, IS MADE A SUPPLEMENTAL PART OF THIS AGREE—
MENT.
C. IT IS FURTHER COVENANTED AND AGREED THAT IF MORE THAN THE MINI—
MUM STANDARDS CALLED FOR OR THEUTILITY PLAINS FOR THE IMPROVEMENT
OF MULBERRY STREET SHALL BE REQUIRED BY THE CITY, THE CITY SHALL
PAY FOR THE ADDITIONAL COST OCCASSIONED THEREBY.
D. THE SUBDIVIDERS SHALL BE LIABLE TO THE CITY FOR THE COST OF A 611
CAST IRON WATER LINE THROUGH SAID SUBDIVISION AS THEIR SHARE OF
THE COST OF THE EXISTING 16" CAST IRON WATER LINE.
IN 44ITNESS IiHEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
SIGNED BY ITS MAYOR AND ITS CORPORATE SEAL TO BE HERETO AFFIXED ATTESTED
TO BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
i-
FORT COLLINS DATED THE Ir DAY OF %-!
A. 0., 19 �, 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
Y
(SEAL)
PARTY`