HomeMy WebLinkAboutSOUTHMOOR VILLAGE SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-19THIS AGREEMIT, Trade and entered into this 17th day -
of May A. D. 19 71 , by and bettween IE CITY OF F C :T
COLLINIS, a municipal corporation, hereinafter designated as first party,
and Everitt Enterprises, Inc. Leslie G. Everitt Vice President
Hereinafter designated as second party, WITIMSSETH:
WHER.EkS, second party has heretofore submitted a subdivision
plat of the subdivision to be knot.,,n as Southmoor Village. Second Filing
For approval by the 2unicipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to'first party
and first partyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
Nai, THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2...In consideration of the approval of said plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows;
(A) To submit to first party the follozring detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing crater 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 partyts
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution system, and including all street lights.
(4) Plans and profiles of all street ir..provements.
151 Plans and profiles of the proposed street draine
system shoring the connections to the first partyts storm sewer system
and including al'i storm sewer inlets and manholes. If a story:: sc:;C�r out`z:il
line is not available, second party agrees to join into a special .cp:�oee-
ment district for the installation of such outfall line ui;on request t;ierefor
by first party and to sign any petition and perform any other act necessary
to form such district.
(G) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for 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 %•rater
mains, sanitary sewer mains or storm sewer mains to be constructed within
the subdivision than would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, the City of Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
constructed and the estimated cost of such facility as shown on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider shall be determined in advance of construction
by the City Engineer and in the event of any dispute this matter shall be
submitted to the City Council for final determination.
IN WITNESS MIEREOF, first party has caused these presents to be
signed by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, pursuant to motion of the Council of the City of Fort
Collins dated the 27th day of May A.D.,
19 71 , and second party has hereto set his hand and seal the day and
year first hereinabove written.
THE CITY OF FORT COLLINS
A Municipal Corporation
B}
i
ATTEST:
City Clerk
APPROVED,
r
it Ergineer -
Second' Party
(SE AL