HomeMy WebLinkAboutINDIAN HILLS THIRD - Filed OA-OTHER AGREEMENTS - 2003-12-03h.''EN'ORA'1DUf.' OF AGREEI1'-NJ
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THIS, A(REEMENT, MADE AND ENTERED INTO THISZjrd BAY OF/ A.D. I�60,BY
AND DETWEEN THE CITY OF FO"T COLLINS, A MUNICIPAL CORFnRATION, HEREINAFTER
DESIGNATED A., FIRST PARTY, AND Highlands Development Company, Inc.
HEREINAFTER DESIGNATED AS SECOND PARTY, WI IESSETH:
'WHEREAS, SECOND PARTY HAS HERETOFORE SUPMITTED A SUDBIVISION PLAT OF
-HF sUHDIVI�s10N To BF KN0%VN AS Indian Hills Sub -Division Third Filing
FOR APPROVAL PY THEMUNICIPAL PLANNING AND ZONING BOARD AND
TIIE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
WHEPEAS, SAID SUBDIVISION PLAT IS ACCEPTADLE TO FIRST PARTY AND FIRST
YARIY'H PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO DE SUBDIVIDED,
JOW, THEPEFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF
THI: AGREFC'L-!T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. IIRS'f PARTY GREES THAT SAID SUBDIVISION PLAT SHALL DE, AND THE
SA.11 IS HEREBY APPROVED.
2. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PA'.TY,
AND FIRST PARTY 1N PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS
F)LLOWS:
(A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE—
ME'I"I PLANS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF TPE PROPOSE❑ WATEP DISTRIBUTION SYSTEM INCLUDING
IH!GnNNECI'INC PIPELINES TC THE POINTS OF CONNECTION TO THE FIRST r,.RTY'S
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDRANTS.
(2) PLANS AND PROFILES OF THE PROPOSED SANIT1,4Y SE'NER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S ,NITAPY SEWER SYSTEM.
(3) A PLAN CF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
ikCLUDI14G CONNECTING LINES TO THE FIRST PARTY'S EX'CTINO ELFCTRICAL
DISTRI4uTION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANE AND FROFILES CF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND
1Nr,LVDIOr. ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A(1) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PAP"fY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYGTFM• ALL MATERIAL REQUIRED FOR 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 T'HE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER
MAINS, SANITARY ;EWER MAINS OR STORM SEWER MAINS TO BE CCNSTRUCTED WITH-
IN THE SUBDIVISION THJ,N VIOULD BE REQUIRED BY STAtIDARD ENGINEERING
PRACTICES TO SERVE THE SUDDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SERVICES T2 OTnER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
0F" THE GIFT OF SUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF
THL FACILITY A.CTU:,LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
F,`.OILITY AS SHO'NN ON THE 3UBDIVIDER'S APPROVED PLAN. SUCH PRORi.TION OF
Gu'1TS BETV1 N THE CITY OF FORT COLLINS AND THE 6EBDIVIDGR SHALL BE
DT iI_RMINED IN I,DV,NOE CF CONSTRUCTION BY THE CITY ENGINEER AND IN THE
EVCNT nF ANY DISPUTE THIS MATTER SHALL BE SUEM'I-TED TO THE CITY COUNCIL.
FOR FINAL DETERMINi1TION.
IN ',�I ii..SS .M EREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
31GNED BY ITS �:AYOP ',NC ITS CORPORATE SEAL TC BE HERETO AFFEXED AT-ESTED
BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
Jan-aary pp [
FORT COLLIN6 DATED THE 14th DAY OF / A.D., t960 , AND SECOND
PARTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN-
AB^VE WRITTEN.
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
BY�"�
VA OR
FIRST PARTY
ATTEST:
r
ell
CITY CLERK
Highlands Development Company Inc.
1'Y1(SEAL)
SECOND PARTY