HomeMy WebLinkAboutELLIOTT MILLER FOOTHILLS WEST NINTH - Filed OA-OTHER AGREEMENTS - 2003-07-31THIS AUREF"1E� TT, na(le and entered into this 2nd� _ day
of March A. D. 1971 by and boutween THE CITY OF FO_ 1'
CoiiII`NSy a mun.i.c .pal_ corporations hereinafter designated as first party.,
and F11 i ott- `' ller :ns`r ;_on Company and lls West Development Corporation
Alvin L. iilier, resident
Hereinafte_c desi.�n ted as second party, VITI
NESSETH:
WIERT S, second party has heretofore submitted a subdivision
Plat of the subd= vision to be ?:noin as E1.1 iott--:Miller F �tl ills rFest Subd. 9th
For approval by the i"urii cipal Planning and Zoning ,Board and
the City Council of the City of Fort Colli.ns, and
UIER},AS, said subdivision plat is acceptable to first party
and first party's Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NO.I. THEREFORE., in consideration of the premises and the terms
of this agreem:nt, it is mutually agreed as follows:
I. First party ag'_ ees that said subdivision plat shall be.,
and the same is hereby appro'red,,
2_.7:n consideration of the approval of said plat by first
` party, and first partyts Planning anc Zoning Boards second party agrees
as follows:
(A) To submit to first party the follo,ri.ng detailed
improvement plans., acceptable to the first party:
(1) A plan of the proposed eater distribution system
including the connecting pipelines to the points of connection to the
first party's existing Z-rater distribution system and shoring all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all r;anholes and connections to the first party l s
existing sanitary so -Ter system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party9s existing electrical
distribution system and including all street lights.
(O Plans and profiles of all street i.mrovement,
(7) P]_ans ailu 1iL`Jf i2S of tiie p-. oposed : ti'oE. '
syste:'1 SCiC.Yf_il? -the cone oti ons to th:, first part"Ils storm
and including all storm sewer inlets and manlloles
If a storm sewer outfall
line is not ,wai-lable, second party agrees to join into a special improwe-
mcnt district for the installation of such outfall line upon request therofor
by first party and to sign any petition and perform any other act necessary
to form such district.
(6) Items A (1) too A (5) inclusive arc 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 laid for by the
party of the second part to the Light � Powor Department of the City.
In the event the City of Fort Collins shall require larger water
mains, sanitary se�,.er mains or storm sewer mains to be constructed within
the subdivision than 1%-ould 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 facili-ty actually
constructed and the estimated cost of such facility as shoi,m on the sub -
divider's approved plan. Such proration of costs bettieeen the Ci-ty 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 WITINESS IffiEREOF, first party has caused these presents to be
signed
by its b9ayor 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 llth day of
March A. D. ,
19 71 and second party has hereto set his hand and seal the day and
year first horeinabove written. "
AT"1 EST :
City Clerk
THE CITY OF FORT COLLINS
A Municipa,>: Corporation
/r
By rl I y
nkayo r
First Party
APPROVE[): 611h1t,_�V e- (SEAL)
second Party,
-
Citv l:n��inecr