HomeMy WebLinkAboutHIGHLANDER HEIGHTS EIGHTH - Filed OA-OTHER AGREEMENTS - 2003-11-26I,'r.fv"ORA":DUI:! OF AGREEMEf<
THIS, AGREEVENT, MADE AND ENTERED INTO THIS 19s'DAY OF A.D. IQ ,DY
JUNE, 19b2
AND BETWEEN THE CITY OF FOFT COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND CLARA & CLYDE E. HONSTEIN
HEREINAFTER DESIGNATED AS SECOND PARTY, WIT^IESSETH:
WIEREAS, SECOND PARTY HAS HERETOFORE SUSIA ITTED A SURDIVI-,10N ILAT OF
THE SUBDIVISION TO DE KNOWN AS HIGHLANDER HEIGHTS 82 SUBDIVISION
FOR APPROVAL BY THE MUNICIPAL. PLANNING AND ZONING BOAPC, AND
THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
V'HEPEAS, SAID SUBDIVISION FLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
VA R-iY�S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO BE SUBDIVIDED,
110VJ, TLIEPEFORE, IN CONSIDERATION OF THE PREMISES A9D THE TERMS CF
THI=; AGREEMEII T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. FIRST PARTY ..GREES THAT SAID SUBDIVISION PLAT SHALL GE, AND THE
SAMC IS HEREBY APPROVED.
P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST P!,?TY,
AND IIPST PAPTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE—
IdENT PLANS, ACCEPTABLE TO THE FIRST PARTY:
(1) A PLAN OF THE PROPOSED VIATER DISTRIBUTION SYSTEM INCLUDING
TH I- CONNECTING PIPELINES TO THE POINTS OF COt,NECTION TO THE FIRST P,IRTYFS
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDRANTS.
(Z) P'-ANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTYIS EXISTING
S",NITARY SEWER SYSTEM.
(J) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNECTING LINES TO THE FIRST PARTY'S EX'STING ELFa TaICAL
DISTRIBUTION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND PPOFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND
I,NCI_UDING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A(I) TO A(rj) INCLUSIVE ARE TC BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYorrM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE SAID 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 4ATER
MAI NS, SANITARY SEWER MAINS OR STORM SEWER MAINS TO SE CONSTkUCTED 41ITH—
IN THE SUBDIVISION THAN WOULD BE REQUIRED BY STANDARD END INEERINO,
PI: AC710E.S 10 SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SERVICES TO ".n,R f.P.EAS, THE CITY OF FORT CCLLINS WILL PAY A PORTION
OF THE O:ST OF OUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF
THE FAGILITY AS TU,:LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
F"„CILITY AS SHOWN ON THE SUBOIVIDER'S APPROVED PLAN. SUCH PRORATION OF
C .'1TS BETVVEEN 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 COUNCIf.
FOR FINAL CETERMI NATION.
IN Ia1;;'E-SS .)HEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
SIGNED BY ITS AYCP AND ITS CORPORATE SEAL TO BE HERETO AFFEXEO ATTESTED
T- BY ITS CITY CLEIFK, PURSUANT TO MOTION BF THE COUNCIL OF THE CITY OF
Fc,,T COLLP, DOTED THE'UN 9 W2
OF A.C., I/ , ;.NO SECOND
PATTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HLREIN—
AB^_VE WRITTEN.
ATTEST:
CITY<C_LERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
By t / „'1.<'
VA OR
FIRST P,',RTY
�SECOLD PAR f