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HomeMy WebLinkAboutHIGHLANDER HEIGHTS SEVENTH - Filed OA-OTHER AGREEMENTS - 2003-11-26I''EDfORA'IDU'S OF ACREEP,'EIIT August THIS, AGREEMENT, MADE AP:D ENTERED INTO THIS 22nd DAY OF/A.D. I061,6Y AND BETWEEN THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER DESIGNATED AS FIRST PARTY, AND Clyde E. Honstein & Clara Honstein HEREINAFTER DESIGNATED AS SECOND PARTY, WIT11ESSI_TH: N!IEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF THE SUBDIVISION TO BE KNONN AS Highlander Heights Seventh Subdivision FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOARD 4'JD TIIE CITY COUNCIL OF THE CI 7Y ,IF FORT COLLINS, AND WHEPEAS, SAID SUBDIVISION PLAT IS ACCEPTAELE TO FIRST PARTY AND FIRST F A. P.TYIS PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES IN THE AREA TO BE SUBDIVIDED, NO�,V, T'IEREFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF -HI, AGREEML�!T, IT IS MUTUALLY AGREED AS FOLLOWS: I !HST PARTY GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE SA IS HEREBY APPROVED. G. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PAPTY, AND FIRST PARTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS FOl_I.OWS: (A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMFROVE— M E'JT PLANS, ACCEPTABLE TO THE FIRST PARTY: (I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING —;BI CONNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST P%IRTY'S EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYDRANTF. (i) PLANS AND PROFILES OF THE PROPOSED 3ANITARY SEWER SYSTEM INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTYtS EXISTING b,NITARY .SEWER SYSTEM. (3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM INGLI1pING CONNECTING LINES TO THE FIRST PARTY'S EXISTING PLECTHICAL DISTRIUMTION 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 1S STORM SEWER SYSTEM AND INCLUDING ALL STORM SEWER INLETS ,NO MANHOLES. (6) ITEMS AM TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE PAR"fY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIRUTION SYG�FV,. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE PAID FOR BY THE PARTY OF THE SECOND PART TO THE LIGH"1 8c 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 WITH- IN THE SUBDIVISIJN THIN WOULO BE RE7UIRED BY STANDARD ENGINEERING PRACTICES TO SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE SERVICES TO OTI,ER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION OF THE CO`,T OF SUCH ENLAI<GED FACILITY BASED ON PRORATION OF THE CCST OF THE FACILITY ACTU:,LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH I';,CILITY AS SHOWN ON T'HE SUBDIVI DER r5 APPROVED PLAN. SUCH PROR,ITIDN OF CVS;TS BET'NEEN THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DE I'E RMINED IN ADV,,iCE OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE EVI-NT OF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY CO'.'NCIL. FOR FINAL DETERMINATION. IN yI;„ESS VI{Fri EOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO 3L SIGNED BY 17S AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED TO BY ITS CITY CLERKI PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF FORT COLLINS D,,TED THE 3rd DAY OFPAug A.D., 1961 1 AND SECOND P-P TY HAS HERETO SET HIS HIND AND SEAL THE DAY AND YEAR FIRST HEREIN- AB^VE WRITTEN. ATTEST: CITY CLERK THE CITY OF FORT COLLINS, a MUNICIPAL CORPORATION EY V" Y 0 R FIRST PARTY SE�L It C/}�D Pt (A4R X 1 )