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HomeMy WebLinkAboutSPRING CREEK - Filed OA-OTHER AGREEMENTS - 2004-02-23h,''.EM0RA'1DUt.' OF AGREFP;1ENT May THIS, AGREEMENT, MADE ArND ENTERED INTO THIS 12th DAY OF/A.D. Io'62,SY AND RETWEEP1 THE CITY OF FO"T COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER. DESIGNATED ,:s FIRST PA:'TY, AND Jospeh S. Schumacher & Vivian J. Schumacher and Earl A. Manley & Elanor D. Manley HEREINAFTER DESIGNATED AS SECOND PARTY, WIT ^;ESSET=i: 'vV IEREAS, SECOND PARTY HAS HERETOFORE SUelAITIED A SUDDIVISION FLAT OF THE SUHDIVIr1ON TO DE KNnWI1 AS Spring Creek Subdivision FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING HOADD A'10 THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND WHEREAS, SAID SUBDIVISION PLAT IS ACCEPTAPLE TO FIRST PARTY AND FIRST FAIL -4Y'1; PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES IN THE AREA Tn DE SUBDIVIDED, SOW, TLIEREFCRE-, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF THI AGREEML"T, IT IS MUTUALLY AGREED AS FOLLOWS: I'IIl1;T PARTY .:GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE SAr,9E IS HEREG'I APPROVED. 2. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT DY FIRST PAFTy, AND FIRST P,SRTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS FOLLOWS: (A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE- ME^IT PLANS, ACCEPTABLE TO THE FIRST PARTY: (I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING THE CnNNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST PARTY'S EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYDRANTS. (2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM INCLUDING ALL M,�NHOLES AND CONNECTIONS TO THE FIRST PAR7Y'S EXISTING S 'dI TARY SEWER SYSTEM. (3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM IHCLIIDING CONNECTING LINES TO THE FIRST PARTYIS EXISTING ELFCTHICAL DISTRIal "LION SYSTEM AND INCLUDING ALL STREET LIGHTS. (4) PLANS ',,ND PROFILES OF ALL STREET IMPROVEMENTS. (5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE SYSTEM SH(IWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEVIER SYSTEM AND LIIOI_')DI NF, ALI_ STORM SEWER INLETS AND MANHOLES. (6) ITEMS A(I) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE PAI1rY OF 'fHE SECOND PART, EXCEPTING ONLY ITEM (5) ELECTRICAL DISTRIBUTION SYa:FM, ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY THE PARTY OF THE SECOND PART TO THE LIGH"f ,& POWER DEPARTMENT OF THE CITY. IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIRE L,,CGER WLTER MAINS, SANITARY SEWER -.'A INS OE STORM SEWER MAINS TO BE CONSTRUCTED WITH- IN THE SUBDIVISION THAN NOULD BE REQUIRED BY ST.A +'iOARD ENGINEERING PRl.GTICES TO oERVE THE SUBDIVISION, -IN ORDER TO PROPERLY EXTEND THES:_ SE L'VICES TO nTM1-P /, REAS, THE CITY OF FORT COLLINS WILL AY A PCRTION OF THE C,ET OF SUCH ENL4-?GL0 FACILITY BASED ON PRORATION OF THE CCST OF "I1IC FACILITY ACTU',LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH F,ACIIFITY AS 0H0'NN ON 7 ',E SUB DIVI DERIS APPROVED 'LAN. SUCH PROR;:TION OF TS BET'NLEN T'E Cll'Y OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DEIEi2MINED IN ,DV,'NCF OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE EVENT nF ANY DISPUTE THIS tdATTER SHALL BE SUBMI`"TED TO THE CITY COI NOIL FJR FINAL DETERIVINATION. IN X-1.';;,S ,MTREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITT CaAyCP :ND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTFSTED TO 1SY ITT rIT'I CLEi.K, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF FCF<T COLL. INS D,°.TeD THE %th DAY 0FJuly A.D., 19 6o , AND �_COND P .1RTY HAS HERETO SET HIS HAND AND SEAL THE DAY ;,ND YEAR FIRST HLRFIN- ABOVE WRITTEN. ATTEST: �-'LAITY CLERK ---- TrHE CITY OF FORT COLLINS, ;, MUNICIPAL CORPORATION 8Y / t��� 'A r YCR FIRST PARTY (SEAL) SECOND P9RTY�