HomeMy WebLinkAboutMILLER BROTHERS FOOTHILLS FIFTH - Filed OA-OTHER AGREEMENTS - 2003-12-196G
THIS, AGREEIWEtiT, MADE AND ENTERED INTO THIS 1 I•DAY OF/A.D. c ,DY
AND DETWEE,! Ti"E CITY OF FO"T COLLINS, A MUNICIPAL CORFORAT ION, HERE I',AFTER
DESIGNATED AS FIRST PARTY, AND l_8Y `ir .0nst tC,r p^. •lo• TIDCe
HEREINAFTER DESIGNATED AS SECOND PARTY, WITNESSBTH:
�W!L''i AS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUI3DIVI-,I ON ",.AT OF
THE SUB DIVIY ION TO SE KNOWN AS I D-•"" 3 O .. F,.-T -�n,j Tl „]'^.H:Vi".i --1 1''1 I,i.
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING ,BOARD AND
T11E CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
VNFRFAS, SAID SUBDIVISION PLAT IS ACCEPTAELE TO FIRST PARTY AND FIRST
PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OFUTILITIES
IN THE AREA 70 BE SUBDIVIDED,
JOW, THEREFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF
-HI AGREEME`IT, IT IS MUTUALLY AGREED AS FOLLOWS:
I. F!.^ST PARTY _GREES THAT SAID SUBDIVISION PLAT SHALL DE, AND THE
SAO!. Ia HEREBY APPROVED.
Z. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PA'.TY,
AND FIRST PARTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TO SUDMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE -
VENT PLANS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING
THI- CONNECTING PIPELINES TO THE POINTS OF CO.":NECTION TO THE FIRST FrRTY'F.
F_XISTING 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
R"UNITARY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL OISTRIBUTICPI SYSTEM
INCLUDING CONNECTING LINES TO THE FIRST PARTY'S EX STING ELECTRICAL
DISTR16117 ION 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 TC THE FIRST PARTY'S STORM SEWER SYSTEM AND
INCLUDING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A(I) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PAR-ry OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYCI:FM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE PAID 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 WATER
MAINS, SANI T,IPY SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED NITH—
IN THE SUBDIVI310N THAN V/OOLD BE RECUIRED BY STANDARD ENGINEERING
PRGCTICES TO SEPVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND TH°SE
gERVICES IC OTHER f.REAS, THE CITY OF FORT COLLINS WILL PAY .. POR'iION
OF THE GCST OF SUCH ENL,,tGED FACILITY BASED ON PRORATION OF THE COST OF
THE FACILITY AGTU,:LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
FACILITY AS SHOWN ON THE SUB DI VI DER 1S APPROVED PLAN. SUCH PRORATION OF
GV`iTS BET'.^IEEN THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE
OFTIkMINED IN ADVkNOE CF CONSTRUCTION BY THE CIT'f ENGINEER ;,ND IN THE
CVENT OF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY COJNCII
FOR FINAL DETERMINATION.
IN 'y'J i�fESS .)HEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO 6E
SIGNED BY ITS i'AYO" AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
Tb cY ITo CI-Y CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
FG,T COLLINO DATED THE 12th DAY 01"ToV A.D., [951 , ,ND SECOND
P r,IiTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN—
Af,(VE WRITTEN.
ATTEST:
CITY CLERK T
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
B Y �- o -i C J--"
(LlY OR
FIRST PARTY
(SEAL)
SECOND PARTY