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HomeMy WebLinkAboutLEMAY - Filed OA-OTHER AGREEMENTS - 2003-12-11E i`/ T r°Et OrtA^:Du�^ of A R � i y THIS, AGREEMENT, MADE '6D ENTERED INTO THIS) DAY OF//AD. lu�"�,BY AND BETWEF,; THE CITY OF FD°T COLLINS, A MUNICIPAL CORP^RATION, HEREINAFTER DESIGNATED As FIRST PARTY, AND Lemay-, Inca K> Bill Tiley Presidento HEREINAFTER DESIGNATED AS SECOND PARTY, WIT^IESSETH: WILIPEASI SECOND PARTY HAS HERETOFORE suBMITTED A SURD IVISION PLAT OF 'HE sUBDIVILSION TO BE KNOWN AS The Lemay Subdivision FOP APPROVAL BY THE MUNIGI PAL PLANNING AND ZONING BOARD AND THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND ',HFREAS, SAID SUBDIVISION FLAT IS ACCEPTABLE TO FIRDT PARTY AND FIRST PAI<FYI :9 PLANNING AND ZONING BORED, SUBJECT TO CONSTRUCTION OF UTILITIES IN THE ARE,1 TO DE SUBDIVIDED, NOW, TII[.RfFOP E, IN CONSIDERATION OF THE PREMISES AVD THE TERMS CF THI, AGREEME>fT, IT IS MUTUALLY AGREED AS FOLLOWS: I. FIP;T PARTY -GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE SA,�AF IS HEREBY APPROVED. P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT PY FIRST PA^TY, AND FIRST PAPTYIs PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS FOLLOWS: (A) TO SUPSAIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE- MENT PLANS, ACCEPTARLE TO THE FIRST PARTY: (1) A PLAN OF THE PROPOSED W,7ER DISTRIBUTION SYSTEM INCLUDING THE O11OINEC7INo PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST PARTYIS EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE HYDRANTS. (,�) P-ANS AND PROFILES OF THE PROPOSED SANITARY FEWER SYSTEM INCLUDING ALL A.9 ?.VHOLES AND CONNECTIONS TO THE FIPST PARTYISEXISTING S,NITARY SEWER SYSTEM. (3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM INCLHDING CONNECTING LINES TO THE FIRST PARTYIS EY'STING ElFCF0 ICAL DISTRI6UTION SYSTEM AND INCLUDING ALL STREET LIGHTS. (4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS. (5) PLANS AND PROFILES DE THE PROPOSED STREET DRAINAGE SYSTEM SHOWING THE CONNECTIONS TO THE FIRST PARTYIS STORM SEWER SYSTEM AND INOI_VU1NG ALL STORM IEWER INLETS AND MANHOLES. (6) ITEMS AM TO A(E) INCLUSIVE ARE TO BE FINANCED BY THE PARTY OF THE SECOND PART, EXCEPTING VNLY ITEM (3) ELECTRICAL DISTRIBUTION ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY THE PARiy OF THE SECOND PART TO THE LIGHT �c POWER DEPARTMENT OF THE CITY. IN THE EVENT l'HE CITY OF FORT COLLINS SHALL REQUIRE LARGFR WATER MAINS, SANIT,.RY SEINER MAINS OR STORM SEWER MAINS TO BE 0014STHUCTED WITH- IN "THE SUBDIVISION THAN WOULD BE REVUIRED BY STANOARO ENGINEERING FRAGTICE5 TO SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE 51: ;'VICES TC 'VIER (.REAS, THE CITY OF FORT CCLLINA WILL PAY A PCRTION OG THE C:ST OF SUCH ENLA.- +QED FACILITY BASED ON PRORATION OF THE CCST OF l'HE FAG ILITY AOTU,:LI_Y CONSTRUCTED AND THE ESTIMATED COST OF SUCH -,C,ILITY AS SHOWN O'J ''HE SUB DI VI DE R ' S APPROVED PLAN. SUCH PRORATION OF C,',TS BET\VCEN THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE DC II_NMI NED IN ADV;.A,CE OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE EVENT OF ANY DISPUTE THIS MATTER SHALL BE SUBMITTED TO THE CITY COl1NCil. FOR FINAL CETERMINATION. IRS ill ii,EJS .�Lt�ERECF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS Ill YO^ ANC ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED Tb BY ITS .,IT'( CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF Fcl<T COLLINS DATFD THE 15th DAY OFDSC, A.D., 1960 , AND SECOND P.CP.TY HAS HERETO SET HIS HAND AND SEAL THE DAY l,ND YEAR FIRST HLREIN- AFIJL WRITTEN. ATTEST: a CI7 y CLERK( THE CITY OF FORT COLLINS, -, MUNICIPAL CORPOHATION Br �� MAY0K/ FIRST PARTY Lemay., Inc. ~Presijen_t_jSVAL) SECOND PARTY