HomeMy WebLinkAboutUNIVERSITY ACRES THIRD - Filed OA-OTHER AGREEMENTS - 2004-03-08_RVORA"IDUI OF ASREEMEIJT
February
THIS, AGREEMENT, MADE AND ENTERED INTO THIS loth DAY OF A.D. 1o6o,BY
AND BETWEEN THE CITY OF FOPT COLLINS, A MUNICIPAL COSPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND University Acres, Inc.
HEREINAFTER DESIGNATED AS SECOND PARTY, WITNESSETH:
VTIEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
THE SUBDIVISION TO BE KNOWN AS University Acres Third Sub -division
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOAPD AND
THE CITY COUNCIL OF THE CITY nF FORT COLLINS, AND
WHEREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
P„PT1'l.S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IA THE AREA TO BE SUBDIVIDED,
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF
THI AGREEME�:T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. FIRST PARTY -GREER THAT SAID SUBDIVISION PLAT SHALL BE, AND THE
SAS.!. IS HEREBY APPROVED.
2. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PARTY,
AND F'IP'9T PAF'TY'S PLANNING AND ZONING BOARD, SECOND PART'/ AGREES AS
FOLLOWS:
(A) 10 SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPRC'VE-
ME'1T FLANS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF THE PROPOSED A,ATER DISTRIBUTION SYSTEM INCLUDING
THE CONNECTING 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 MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S •IJITARY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNEC-I NG LINES TO THE FIRST PARTY 'S EX'STING FLED T H!rgI
D I STRI ElUT ION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS ;:ND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTYES STORM SEWER SYSTEM AND
LNOL.UDING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS AM TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYGTFM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE PAID FOR BY
THE PARTY OF THE SECOND PART TO THE LIGHT Q� POWER DEPARTMENT OF THE CITY.
IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER
VAINS, SANITARY SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED 'NITH—
IN THE SUBDIVISION THAN WOULD BE REQUIRED BY STANOARD ENGINEERING
PRACTICES TO SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SERVICES 10 OTHER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
OF THE GCST OF SUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF
THE FACILITY AOTU:,LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
F ),C,ILITY AS SHOWN ON THE SUBDI VIDER'S APPROVED PLAN. SUCH PRORATION OF
CUiTS BEi:4EEN THE C!TY OF FORT COLLINS AND THE SCBDIVIDEH SHALL BE
DE1'LRMINED IN ADV%,yCE OF GONSTRUCTION BY THE CITY ENGINEER AND IN THE
FVFNT OF ANY DISPUTE THIS MATTER SHALL BE SU3MITTED TO THE CITY CC[ -'NCI!.
FOR FINAL CETERMINATION.
IN eVI-1�`ESS .1HEPEOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO SE
SIGNED BY ITS !:AYOP AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
TC BY ITS CI-Y CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
December FG,,T COLLINS DP.TED THE 10th DAY OF A.D., 1959 , AND SECOND
PAP.TY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HLREIN—
AB^_VE WRITTEN.
ATTEST:
CITY CLERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
VAYCR
71� FIRST PARTY
-<- (SEAL)
� p � SEG ND/y� P�ARTY _/