HomeMy WebLinkAboutMILLER BROTHERS SOUTH FOOTHILLS SECOND - Filed OA-OTHER AGREEMENTS - 2003-12-22i.'..EMORA"tDUL OF AGREEI,'LIT
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THIS, AGREEMENT, MADE AND ENTERED INTO THIS 12th DAY OF/A.D. Ic6D ISY
Ar,D DETWEEN THE CITY OF FO')T COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND 1)�._�8r Brothers 6onstrue.Mon Comparrr, Inc,
HEREINAFTER DESIGNATED AS SECOND PARTY, VVITNESSETH:
LNiIEREAS, SECOND PARTY HAS HEFETOFORE SUBMITTED A SURE IV! SION PLAT OF
lHC SUBDIVISION TO BE KNOwr; As ''il7er Brothers South Foothills Suhdivis5_on, Second
FilinL
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOAPD AND
'P'_ CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
11VH LREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
IA,IY", PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
Ir THE AREA TO DE SUBDIVIDED,
i'IOVV, TNERBFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF
TH;, AGREEME:'!T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. PARTY .,GREES THAT .,AID SUBDIVISION PLAT SHALL BE, AND THE
cA,I,. IS HEREBY APPROVED.
1. IN CONSIDEPATION OF THE APPROVAL OF SAID PLAT BY FIRST PA-.TY,
AN`) I'IPST PARTY'S PLANNING AND ZONING BOARD, SECOND PART'I AGREES AS
FO,—i OWS:
(A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPRDVE-
_.E"I-- I'L:NS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING
IH1- COINECTINO PIPELINES TO THE POINTS GF CONNECTION TO THE FIRST I.,,.-Y'S
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDkANT,,.
(2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S IJITAHY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNECTING LINES TO THE FIRST PARTY'S EXISTING FLEOTRICP.L
DI S'FRIEitt710N 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'S STORM SEWER SYSTEM AND
INILU DING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A W TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYGFFM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO DE IAID 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 RE4UIRE L,",RGER V;ATER
MAINS, SANIT:\RY SEWER MAINS OR STORM SEWER MAINS TO OE CONSTRUCTED WITH-
IN THE SUBDIVISION TH,,N WOULD BE REQUIRED BY STANDARD ENGINEERING
PRACTICES 10 SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EX-1END TI"S,-
SEHVIGES TO OTHER f.REAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
OF THE CDST OF SUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF
T'HE FACILITY AOTU.'.LI.Y CONSTRUCTED AND THE ESTIMATED COST OF SUCH
F ,',CILITY AS SHOWN Or! THE SUBDIVI DER'S APPROVED LAN. SUCH PRORATION OF
f,u;TS BETl9EEN THE C,TY OF FORT COLL]NS AND THE SCBDIVIDEB SHALL BE
Dr 1CRMINED IN FDV,, iNrE CF CONSTRUCTION BY THE CITY ENGINEER AND IN THE
EVENT OF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY COI NCI
FOR FINAL DETFRMINATION.
IN u11'�.t_SS .'HEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BL
SIGNED BY iTS i.,,YCR ',ND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
T., 6Y ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
F(1T COLLINS DATED THE 1%th DAY OFYay A.C., [950 , AND SECOND
PaHTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN-
AB^_VE WRITTEN.
AFFEST:
CITY CLERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
B
1 ri_� ( .iSEAL)
SECOND PARTY