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HomeMy WebLinkAboutMILLER BROTHERS SOUTH FOOTHILLS FOURTH - Filed OA-OTHER AGREEMENTS - 2003-12-22i,'Eti'ORA'1DU!'. OF AGREEP!_E T T THIS, AGREEb1ENT, rnADE A ENTERED INTO THIS �'`�`- DAY OF,A.D. 4n�,sY AND BETWEEN THE CITY OF FORT COLLINS, A MUNICIPAL CORPnRATIGN, HEREINAFTER DESIGNATED A.S p I RST PARTY, AND '� (' �'""I'4 �.6:1 C'Oo Ei^;G 0 HEREINAFTER DESIGNATED AS SECOND PARTY, 6VI74ESSETH: PT-1EREAS, SECOND PARTY HAS HERETOFORE suBMln-ED A suBDIVISION PLAT of HE SUBDIVI' ION TO EE KNOWI< AS ,I, 1 Ol:-i'�i: "'�,r i. _L'110 FOR APPROVAL BY THE itilUNIGJPAL PLANNING AND ZONING BOAPD AND THE CITY COUNCIL OF THE CITY (IF FORT COLLINS, AND WHEREAS, SAID SDEDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST F ,A,iyf, PLANNING AND ZONING BOARD, SUBJECT TO CONSTRDCTION OF UTILITIES !N THE AREA TO BE SUBDIVIDED, °]OII, T'l EREF ORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF THIJ AGREEME."IT, IT IS MUTUALLY AGREED AS FOLLOWS: I. F!R T PARTY ,,GREES THAT SAID 1,U3DIVISION PLAT SHALL BE, AND THE SA.NI IS HEREFY APPROVED. P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PARTY, AND FIRST PAHTY'S PLANNING AND ZONING HOARD, SECOND PARTY AGREES AS FOLLOWS: (A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE — MEN" PLANS, ACCEPTABLE TO THE FIRST PARTY: ( I ) A PLAN OF THE PROPOSE; VLATER DISTRIBUTION SYSTEM INCLUDING THI CONNEC', ING PIPELINES TO THE POINTS OF CO';NEGTION TO THE FIRST R:1RTY'S EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYOkANTS. (2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING S ','jlTARY SEWER SYSTEM. (3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM INCLDDI14C CONNEGTING LINES TO THE FIRST PARTYfS EX'STINS ELF.CI04CAL DI STRIduT ION SYSTEM AND INCLUDING ALL STREET LIGHTS. (4) PLANS ':ND PROFILES OF ALL STREET IMPROVEMENTS. (5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE sYFTEM SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND LNr1 VDINO 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 S YS Cr 4L- ALL MATERIAL REQUIRED FUR 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 THE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER MAINS, SANITARY SEWER MAINS OR. STORM SEWER MAINS TO BE CONSTRUCTED WITH— IN THE SUBDIVISION TH;,N 1,10ULD RE REQUIRED BY STANDARD ENGINEERING PHi,GTICES TC SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THES F_ SERVICES TO OT,,ER AREAS, THE CITY OF FORT COLLINS WILL PAY A P02TI^N OF THE COLT OF SUCH ENLAiS ED FACILITY BASED ON PRORATION OF TH-- COST OF THE FACILITY ACTU;.LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH 1'„0ILITY A� SHnWN ON THE SUBDIVI DER'S ARPRCVED PLAN. SUCH PRORATION OF CV'1TS BET19E'N THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DE'ERMINLD IN ,DV ",NCE OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE EVENT nF ANY DISPUTE THIS MATTER SHALL DE SUOMITTED TO THE CITY COUNCIL FOR FINAL ❑ E TE RM I N., T I ON. IN 7117f 73S .1EEREOF, FIRST PARTY HAS CAUSED THESE Pi?ESENTS TO BE SIONES BY ITS .!-YOP AND ITS CCRPORATE SEAL TO BE HERETO AFFEXED ATTESTED T, BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF (-ChT COLLINS DATED THE DAY OF.%t-�V %A.D., 19 , ,AND „ECCND PAPTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEA' FIRST HLREIN— A@oVE WRITTEN. ATTEST: S �CITY CLERK THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION BY (V"iAYOR FIRST PARTY iSEAL) SECOND�PARTY