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HomeMy WebLinkAboutVILLAGE WEST NINTH - Filed OA-OTHER AGREEMENTS - 2004-03-11''d7(;14-, MEMORANDUM THIS MEMORANDUM is entered into this ---I_ day of March, 1979, between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (the "City") and NORTRAN, LTD., a joint venture, and TAFT HILL DEVELOPMENT CORP., a Colorado corporation (the "Developers"), and evidences agreements of the parties relating to storm drainage requirements in connection. with the subdivision of Village West Ninth Filing and Aspen Knolls subdivisions in the City. 1. The Developers have agreed to construct a storm detention pond in accordance with plans prepared by James A. Stewart & Associates, Consulting Engineers, which plans have been previously submitted to and approved by the City. Such detention pond shall be constructed upon a portion of Lot 10, Sonoran View Estates, described on Exhibit A attached hereto. The construction of the detention pond will include all facilities shown on the plans, including the inlet pipe crossing the New Mercer Canal and the bridge also crossing the canal., 2. The parties anticipate that construction of the detention pond will be completed by April 15, 1979 and that irrigation water will not be run in the New Mercer Canal until after that date. Developers shall use their best r efforts to complete the detention pond by that date. In the c�. event it is not possible to complete such construction prior to the time irrigation water is run in the New Mercer Canal, Developers agree to complete construction of the detention pond and all allied facilities as soon as possible after the irrigation season for 1979 closes, and no further water will be run in the New Mercer Canal. 3. In the event the detention pond is not completely constructed and in operation prior to the time irrigation water is run in the New Mercer Canal, the Developers agree to construct a temporary detention pond in the northeast corner of the Aspen Knolls Subdivision in accordance with the City's design requirements. It is understood that this will be a temporary detention pond, and the City's requirements will be imposed with the temporary nature of the pond to be a consideration considered in determining the requirements. If the temporary detention pond is required, Developers agree to commence construction of the temporary detention pond immediately upon determining that the permanent detention pond will not be completed before irrigation water is run in the New Mercer Canal and to pursue such construction expedi- ently and complete the temporary detention pond as soon as possible. 4. Developers understand that the City is concerned that it may have liability to third parties on account of storm runoff from the subdivisions prior to the time the -2- r detention pond is completed. Although Developers contend that there will be no liability to the City on this account since the natural drainage from the subdivisions will continue to flow to the same point and across the same lands as it historically has flowed, the Developers do agree to indemnify the City and hold it harmless from any loss, claim or expense on account of any claim because of storm runoff without detention facilities prior to the time the detention facilities are constructed. The City agrees to notify Developers immediately upon receiving any such claim, and Developers shall have full right to contest, compromise, settle or otherwise adjust any such claim in the name of the City but at the expense of the Developers. 5. The City agrees to release building permits in the subdivisions prior to completion of the detention pond, it being understood that certificates of occupancy will not be granted in the subdivisions until either the permanent detention pond or a temporary detention pond is constructed and completed as provided herein. Building permits to be issued shall not exceed the following limitations: Subdivision Village West Ninth Filing Aspen Knolls Subdivision Maximum Number of Building Permits 9W 31 - 3- DATED the 5'th day of March, 1979. THE CITY OF FORT COLLINS, COLORADO ing ity Manager' ATTEST: ATTEST: ATTEST: �'�yz.��._--ram Donna J. ,Sdhossow, Vice- president: NORTRAN, LTD., a Joint Venture By BARTRAN HOMES, INC., member of Joint Venture By� Bernar L. 7a'In, Jr., Vice President TAFT HILL DEVELOPMENT CORP., a Colorado corporation By H. M , Pwe:g� -4- L1 EXHIBIT A A portion of Lot 10, Sonoran View Estates situate in the Northwest 1/4 of Section 22, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, which considering the East line of said Lot 10 as bearing N 00023' W and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at the Southeast corner of said Lot 10 and run thence N 00*23' W 440.00 feet; thence West 100 feet; thence S 38*00' W 56.50 feet; thence S 26030' W 51.00 feet; thence S 21030' W 54.50 feet; thence S 10000' W 90.00 feet; thence S 02*30' E 61.00 feet; thence S 17015' E 82.00 feet; thence S 43*45' E 21.46 feet; thence S 15°37' W 56.59 feet to the South line of said Lot 10; thence S 89°35' E 1-69.51 feet along the South line of said Lot 10 to the point of beginning, containing 1.7067 acres, more or less.