HomeMy WebLinkAboutOBSERVATORY HEIGHTS - Filed OA-OTHER AGREEMENTS - 2004-08-24A G R E. E M E N
THIS AG—VEME`]`> is made, and entered into this day of
1978, by and b:t.een
a sas'hingtcn corpora"aon aualfied to do
businass in the State of Colorado,
hereinafter desicnated as the "applicant", and
THE LARI2,IER COUNTY CANAL NO. 2 IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "ditch company", and
THE CITY OF FORT COLLINS, COT nup,nt ,
a rv.nicipal ccrpoiation,
hereinafter designated as "City".
PROJECT:
Peteraination of boundary for a store to he constructed
by a +t_ A` t` It a:i: `n- � - -t",0 c
rate of flow from runoff into ditch company's ditch. Said
conisF' i7 _-"ion .* r..ore .`;illy described in
W!T 7ESS =4
WHEREAS, the ditch company is the owner of an irrigation
ditch and the right-of-way -':are=or; and applicant desires to
eract a commercial building and provide for certain orderly runoff
and drainage of store waters therefrom in a subdivision known as
Observato y Heights in the City of Fort Collins, Count"r of L,arimer,
State of Colorado; alr-dl
S'i EREAS, ataac ed 'hereto as Exhibit "A" are the plans
sho',7.n;' the location, capacity, construction and other details
fot ,e dete.:tion ponds and the sea ar, aaolant and method of
1. Architectural tonograv!ii c survey by Freese Engin-e»ring,
dat--d May 22, 17't3;
2. irainag:a rapor`.. (Consisting of Six (6) pages) pranai ed
by Freese ingineerin7, giving further d@'tails for said
d?'_antion pond and the nanrer, arount nn� fl_�thad of
C1_"-charge j,. .to th,- dltck?
MiIEPEAS, said Exhibit "A" sets forth all of the Duns and
specifications an terms of this grant and shall in no way be
nndi l.ed and chan-led by _n-, sub:;egi ent or related plans or materials
nc t includ2l. therein, L-less agreed to by all of the parties heretG;
cad
WHEREAS, the ditch company is wining to grant to applicant
the right to construct said datention ponds and related facilities
Upon terms and conditions hereinafter set forth; and
Sv^i^RES, City is willing, upon the completion thereof in
-d with Exhibit "A" t � the fllture maintenance \11
accordance W._t�. , o asS'Jiily
hereinafter referred to;
NOW, TIVERE ORE, in consideration, of the premises and the
terms of the within agreement, it is agreed as follows:
1. Ditch cempany grants unto applicant the right to
con atru^t a --omr+.:=rcin1 t;a.<.Iling anId t'-Pr o {?? r1. tentior. ponds
providing for :runoff water into the ditch of ditch company, and
farther grants unto t`> applicant the right for ingress and egress
rart
the exercise of the -=anL-ed her ain.
2. Applicant has paid the ditch cor..pany a permit fee in
Eu :: t "%/1c') ($800.00) Dollars for the
grant of this :right-of-way.
3. In the event the reasonable and necessary expenses
incurred by ditch company in the granting of this right-ef-way
shall exceed the above s,=r., ap-f7,lican`, shal.1. pdV such as i ti_o': al
reasonable and necessary expenses of the ditch company for Legal
and engineering services and time directly involved by ditch
cOs^.i_,,ary l s PreSidan.t o- Superiiten-." er. .
to di_ :h cQnpa .y and C_t__r an "a-s b-:iIt" exhibit further
s U.7^1<_.";anting in -f nal for-. the `eo--k descr__'Gcd in Exhibit nth".
The grant by the ditch cc-.pany of rights hereunder shall not be
effective and binding upon the Glitch cor.panV until satisfactory
completion of the i.n5.pectlon referre',7 to in -iaragraph "7." ere-inz
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5. Time construction herein ce.n.templ.=_ted shall be in strict
acc:,rCance with the final set of plans set forth in Exhibit "A".
Any e_'cavatir_n, or changes in the pre: ent ditch *,;here concrete is
not-,rc%ic'ed for, shall b� backf;_lled, co^pacted and stabilized
to the Eni_1T'e :iat_;vf aL'ti Uil Cii the iCi'.L':::.i 11V. A!.1 C: U.i:p 3ei_i Cii
for Eikcs shalt! be Bona at ninety-five (95�1) percent standard
Procto density. The dikes shall be in conformance with the plans
for construction of the detention ponds. Said work shall further
be done only after notification given to the Superintendent or
other desianated agents of the ditch compare®
6. Ail construction shall be commenced and completed at
such times as :shall not interfere with the regular flow of water
of the -itch company during the irri,-ation {soa son, but !�hal.l. be
April i C`i
completed no later than Itax :h 15, 1979.
:.
7. i.pJ 53 t1:c. CO'<d rya s. t.?i Gr r. r._ +yyX: �l"L. p. ir.. ats_)!. 1.[t;I;L
promptly notify the ditch cor,pany and the City; and the parties
shall jc irtl,y ins--Ct t''� PrO.7ec"t, if there are any deficiencies
in
set forth in Exhibit "A", the app11C_:nt shall forthwith remedy
the same; and in doing so, the applicant shall meet all reasonable
reglli YL;i;�i.vS G":. "the d.itCh cu '-anv f(.1 the C'ls :its (":-tell
and surrounding property and meet all reasonable requirements of
the City.
8. It is recognized that there are presently treeq
within the ditch r',gght-of-way and on applicant's property bo*_czeri.ng
the right-of-way, and applicant agrees to be responsible for the
care and maintenance of these trees, or removal if applicant so
desires, so that sane Shall not ncw or any tire hereafter :.nterfere
D1L.. `_ t`.''" 3;"q Yn f'?`= r._r�'` t: •.'c. v=nl SL'cn tYA@"i on '.t6
right-rf-way which interfere Y?it. i'< no nal. ^.'._�i.ntenance and opera Icn
Of t = di%C } will so ad :'i Se applicant for to so doing,
9. It is understood and agreed that the problem of water
quality and responsibil-ity and liab:.'lity t e;refor is not determined
by t`,4 ,, agreement.
10. The project shall be without cost to the ditch company
ar:d the applicant her,�;-)v indemnifies and forever holds the ditch
for ezB.nages caused ba the project.
1. Cit_y shall, upon the completion of the project as
ys..e the ,. �.__.L:.n "tl U�- the 'pro lcct.
12. Ditch company shall have full pcwer to operate, maintain,
alter_-, enlarge or relocate its ditch as if this agreement had not
been made; and any expenses caused thereby to the applicant shall
not be chargeable to the ditch company.
THIS AGR.EE.`lENT shall extend to and be binding upon the
sa^_,�ssors and assigns of the respective parties hereto.
Z ? WIT.`WTHIZE'PLEOF, the parties hereby have caused this
aS-ree .en t :to he signed the day and ;_.sr fir�;t he.reinabove ;r tten.
PAY 'Y PAP STORES, INC.,
(SE_:%L }q;i
ATTESiy :
Ti.ti 1;3i cur 0, 5 tore
(GEAT
ATTEST:
William C: B,tover, Secretary
(S:U'L)
ATTEST:
Title:
STA= OF WASHINGTON )
) s o-
Courty of King )
to 1•wsiness in th -: Swag of Ccil orado,
1 "1" j� r/i
3yf� vi1 tu< S K
�
l SCt 4,
a Col-ort1do mutual irrigaticr corporation,
Ey:
i'1: -1•:nv ll �. ln." .1, ."1. S�rl!..iil. '...._.....
THE CITY OF FORT COLLINS, COLORADO,
a m-niciaal corporatAon,
.�. '".E allGi'e. i„�'k .`_'J ..�3n1_i}:,7 arrE... :^t t•25 3C1'^ YV ,�;'nnn hn�Uro
dd': - ..` i I''. ;` , J �! Peter ( ..J..):1 ,
a'.° Vi � /1i"A!'1� ...-'_t_'i_.... ✓:. Ly c.�1 E � ra . .as 1_ctor
r
�.oie i .3 [?[1 _'�t 6 C.-��r�, of p"-. 'N 11 X �-.P(_'�. ..:�il..t a i•'" -.._. c7=CR CG:1C:i
' tO _77 :J'1s 171a S3 ir. t_': _• Sta'ie of Co 1o:7adO,
ijitness my hand and official seal.
My Commission expires: March 1 1982
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) S5.
sr-rAT—C or
County of Lariver )
The ab)-,re and fcrego--.nq agrr-,erient was acknowledged before
Ale this - ',day of �" � 19'P by »�=T �. JOTNSQN, as President,
vnLl .��+.:, t0 rl ��jl;l.'�`. C. cT�itJ'r.'-:?., as Saco'_etary, cF "HE r,:'PIV,,P
oorporation.
Witness my hand and official seal.
My Corzn:.ssion Expires:
S�.ATE OF COL0Pj00 )
) SS.
County of Larimer )
The above and foregoing agree:rent was acknowledged before
Me this Liz'? o.f , 1978, by , as
and attester to by _ , as
_ , of TITF CITY OF FOB';" COLLINS, COIO-RADO, a municipal
corr,Dre Cion,. �—
Witness my hand and official seal.
My Commission Expires:
L�U;