HomeMy WebLinkAboutMILLER BROTHERS SOUTH FOOTHILLS THIRD - Filed OA-OTHER AGREEMENTS - 2003-12-22EMORA-DU.' OF AGREEPSE�`JT
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THIS, AGREEMENT, MADE AND ENTERED INTO THISL2th DAY OF A.D. ✓196C,BY
AND BETWEEN THE CITY OF FO'�T COLLINS, A MUNICIPAL CORFORATI^N, HEREINAFTER
DESIGNATED 1 Y, FIRST PARTY, AND Yiller Brothers Constrcution Comy;any, Inc.
HEREINAFTER DESIGNATED AS SECOND PARTY, WITNESSE'-H:
',VdEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
H E SUBDIVISION TO E E K N O W r; AS Killer Brot'.-ie2's South Foothills Subdivision, Third
ruing
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING ROAPD AND
THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
,'HFPEAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
..:RCY'S PLANNING AND ZONING VDAPD, SUBJECT TO CONSTRUCTION OPUTILITIES
IN THE AREA TO ❑E SUBDIVIDED,
IOVd, TFIEZEFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS (,F
'HIS AGREEME L'T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. FIRST PARTY ,,GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE
SAML IS HEREBY APPROVED.
;). IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST Pt.FTY,
AND FIRST PARTY'S PLANNING AND ZONING DOARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TD SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE—
MF_17 PLANS, ACCEPTABLE TO THE FIRST PARTY:
(1) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING
TH1: CONNECTING PIPELINES TO THE POINTS OF CONNFCTION TO THE FIRST-'IrTY'S
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDkANTS.
(2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S '.NITARY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNECTING LINES 70 THE FIRST PARTY'S EY'STINC ELECTRICAL
D I STRI 6U.T 1 0 N SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND FPDFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND
VN�LUUINC ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A(I) TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SYGCTM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE PAID FOR BY
THE PARTY OF THE SECOND PART TO THE LIGHT Rc POWER DEPARTMENT OF THE CITY.
IN THE EVENT THE CITY OF FORT COLLINS SHALL REQUIKE LARGER WATER
MAINS, SANIT,IPY „EWER G!A INS OR STORM SEWER MAINS TO BE CONSTRUCTED WITH-
IN THE SUBDIVISION THAN PIOLLD BE REQUIRED BY STANDARD ENGINEERING
PRACTICES TO SEiRVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
S E R.V ICE; .0 OT,,ER f,REAS, THE CITY OF FORT COLLINS WILL PAY A PCRTI."N
OP THE C,. OF SUCH ENLA.-1GED FACILITY BASED ON PRORATION OF THr C C 3 T OF
THE FACILITY ATU,-L;_Y CONSTRUCTED AND THE ESTIMATED COST OF SUCH
FACILITY AS SHOWN 0f1 THE SUB DIVI DER IS APPROVED PLAN. SUCH PRORATION OF
C,,STS BETIVEEN THE CITY OF FORT CDLLINS AND THE SUBDIVIDER SHALL BE
DE7FRMINED IN ,DVGNCE CF CONSI'RUCTIOH BY THE CITY ENGINEER AND IN THE
EVENT OF ANY DISPUTE THIS MATTER SHALL BE SUEMITTED TO THE CITY COUNCIL
F 0k FINAL CE T ERMI NA T ION.
IN' .%I Ii''-SS .'JHEPEOFI FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
SIGNED BY ITS I'.PA YOR ..,ND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
TJ BY ITS CITY CLEPK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
FO.<T COLLINS DGTED THE 1=th DAY OF Mey A.O., I9EiO , AND SECOND
P,,FTY HAS HERETO SET HIS HAND AND SEAL THE DAY :.ND YEAR, FIRST HLREIN-
AHCVE WRITTEN.
ATTEST:
CITY CLERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
BY
�I -__. /.-_ ,,, '(SEAL) j
SECOND PARTY