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HomeMy WebLinkAboutINDIAN HILLS THIRD - Filed OA-OTHER AGREEMENTS - 2003-12-03h.''EN'ORA'1DUf.' OF AGREEI1'-NJ ykly THIS, A(REEMENT, MADE AND ENTERED INTO THISZjrd BAY OF/ A.D. I�60,BY AND DETWEEN THE CITY OF FO"T COLLINS, A MUNICIPAL CORFnRATION, HEREINAFTER DESIGNATED A., FIRST PARTY, AND Highlands Development Company, Inc. HEREINAFTER DESIGNATED AS SECOND PARTY, WI IESSETH: 'WHEREAS, SECOND PARTY HAS HERETOFORE SUPMITTED A SUDBIVISION PLAT OF -HF sUHDIVI�s10N To BF KN0%VN AS Indian Hills Sub -Division Third Filing FOR APPROVAL PY THEMUNICIPAL PLANNING AND ZONING BOARD AND TIIE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND WHEPEAS, SAID SUBDIVISION PLAT IS ACCEPTADLE TO FIRST PARTY AND FIRST YARIY'H PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES IN THE AREA TO DE SUBDIVIDED, JOW, THEPEFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF THI: AGREFC'L-!T, IT IS MUTUALLY AGREED AS FOLLOWS: I. IIRS'f PARTY GREES THAT SAID SUBDIVISION PLAT SHALL DE, AND THE SA.11 IS HEREBY APPROVED. 2. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PA'.TY, AND FIRST PARTY 1N PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS F)LLOWS: (A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE— ME'I"I PLANS, ACCEPTABLE TO THE FIRST PARTY: (I) A PLAN OF TPE PROPOSE❑ WATEP DISTRIBUTION SYSTEM INCLUDING IH!GnNNECI'INC PIPELINES TC THE POINTS OF CONNECTION TO THE FIRST r,.RTY'S EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYDRANTS. (2) PLANS AND PROFILES OF THE PROPOSED SANIT1,4Y SE'NER SYSTEM INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING S ,NITAPY SEWER SYSTEM. (3) A PLAN CF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM ikCLUDI14G CONNECTING LINES TO THE FIRST PARTY'S EX'CTINO ELFCTRICAL DISTRI4uTION SYSTEM AND INCLUDING ALL STREET LIGHTS. (4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS. (5) PLANE AND FROFILES CF THE PROPOSED STREET DRAINAGE SYSTEM SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND 1Nr,LVDIOr. ALL STORM SEWER INLETS AND MANHOLES. (6) ITEMS A(1) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE PAP"fY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION SYGTFM• ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY THE PART'{ OF THE SECOND PART TO THE LIGHT & POWER DEPARTMENT OF THE CITY. IN THE EVENT T'HE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER MAINS, SANITARY ;EWER MAINS OR STORM SEWER MAINS TO BE CCNSTRUCTED WITH- IN THE SUBDIVISION THJ,N VIOULD BE REQUIRED BY STAtIDARD ENGINEERING PRACTICES TO SERVE THE SUDDIVISION, IN ORDER TO PROPERLY EXTEND THESE SERVICES T2 OTnER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION 0F" THE GIFT OF SUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF THL FACILITY A.CTU:,LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH F,`.OILITY AS SHO'NN ON THE 3UBDIVIDER'S APPROVED PLAN. SUCH PRORi.TION OF Gu'1TS BETV1 N THE CITY OF FORT COLLINS AND THE 6EBDIVIDGR SHALL BE DT iI_RMINED IN I,DV,NOE CF CONSTRUCTION BY THE CITY ENGINEER AND IN THE EVCNT nF ANY DISPUTE THIS MATTER SHALL BE SUEM'I-TED TO THE CITY COUNCIL. FOR FINAL DETERMINi1TION. IN ',�I ii..SS .M EREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE 31GNED BY ITS �:AYOP ',NC ITS CORPORATE SEAL TC BE HERETO AFFEXED AT-ESTED BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF Jan-aary pp [ FORT COLLIN6 DATED THE 14th DAY OF / A.D., t960 , AND SECOND PARTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN- AB^VE WRITTEN. THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION BY�"� VA OR FIRST PARTY ATTEST: r ell CITY CLERK Highlands Development Company Inc. 1'Y1(SEAL) SECOND PARTY