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HomeMy WebLinkAboutMARTIN - Filed OA-OTHER AGREEMENTS - 2003-12-17,1EP,'-0RA`!DU'? CF AGREEME'lT 7��'{�y' THIS, AGREEMENT, FAADE AND ENTERED INTO THIS 12thDAY 1 7A .D. io62,DY AND aETWEFN THE CITY OF FO''�T COLLINS, A MUNICIPAL CORPIAATION, HEREINAFTER DESIGNATED AS FIRST PARTY, AND Ahn D. Martin & Eloise Re Martin HEREINAFTER DESIGNATED AS SECOND PARTY, VVIT(IESSETH: MIEPEAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF HE SUBDIVISION I BE KNOWN AS Martin Subdivision FOR A°PROVAL BY THE MUNICIPAL PLANNING AND ZONING ROAFD AND THE CITY COUNCIL (`F THE CITY ^F FORT COLLINS, AND VVHEREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIR;- PARTY AND FIRST [-,RFY'S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES IN THE AREA TO DE SUBDIVIDED, 'IOW, TI'[HEFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF 7HI-1 A G R E E'A L'!T, IT IS MUTUALLY AGREED AS FOLLOWS: I. FIRST P4RTY „GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE SAME IS HEREBY APPROVED. E. iN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PA%erY, AND FIRST PARTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS FOLLOWS: (A) 10 SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPR:JVE— MEN- PLANS, ACCEPTABLF_ TO THE FIRST PARTY: (I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING THE CONNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST P,'RTY 'S EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYDRANTS. (2) P-ANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM INCLUDING ALL MA 4HOLES 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 PARTY13 EYISTING ELFCTR{COL DISTRIIlU]ION SYSTELI AND INCLUDING ALL STREET LIGHTS. (t) PLANS `,ND 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 1pCLUDING ALL STORM SEWER INLETS AND MANHOLES. (6) ITEMS A(I) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION SY6CFM. ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY THE PART( OF THE SECOND PART 70 THE LIGHT & POWER DEPARTMENT OF THE CITY. IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIRE LARGER '4ATER ,MAINS, SANITl1RY „EWER MAINS OR. STORM SEWER MAINS TO BE CONSTRUCTED WITH— IN THE SUBDIVIS'ON THAN VJOULD BE RESUIRED BY STAIIDARD ENGINEERING PRf.CTICES 10 SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE SE_,'VICES IC nTHF_R GREAS, THE CITY OF FORT COLLINS WILL PAY A POnTI^N OF THE CCST OF SUCH ENLA3GED FACILITY BASED ON PRORATION OF THE COST OF THE FACILITY ACTUALLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH FACILITY AS SHnWN ON THE SUBDI VIDER'S APPROVED PLAN. SUCH PRORATION OF CU'JTS BET`t17EN THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DETERMINED IN ,1)V,,NCE OF CONSTRUCTION BY THE CfTY ENGINEER AND IN THE EVENT nF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY COUNCIL. FOR FINAL DETERMINhTION. I rJl i.MERECF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS 1,"„',Y01 :,ND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTES'iED T� BY ITS CITY I�LERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF March FOnT COLLINS UP,TED THE 8th DAY OF A.D., 1962 , AND SECOND PARTY HAS HERETO SET HIS HAND AND SE;,L THE DAY AND YEAR FIRST HLREIN— AbC VE WRITTEN. ATTEST: I TY CLERK THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION By ALA Y OR FIRST P%.RTY y� (SEAL) SECOND PANTY