HomeMy WebLinkAboutSTRACHAN SECOND - Filed OA-OTHER AGREEMENTS - 2008-07-21A G R E E M E N T
THIS AGREEMENT made and entered into this �_� day of January,
1978, by and between
HCI, INC.,
a Colorado corporation,
hereinafter designated as the "applicant", and
THE WARREN LAKE RESERVOIR COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "reservoir company".
PROJECT:
Construction of a shopping center development located east
of College Avenue and south of East Monroe Drive and north of
Horsetooth Road, in the City of Fort Collins, County of Larimer,
State of Colorado. -
WITNESSETH:
WHEREAS, reservoir company is the owner of a reservoir
known as Warren Lake, and such company is presently being required
by the office of the State Engineer of the State of Colorado to
make certain changes and improvements, including but not limited
to the erection of a spillway, to comply with State law and the
regulations of the office of the State Engineer; and
WHEREAS, the shopping center being developed by applicant
will increase the volume of flow of water within a given period
of time into this reservoir, thereby requiring additional expenses
to the reservoir in meeting the requirements of the State Engineer's
Office; and
WHEREAS, the parties hereto deem it mutually advantageous
to have applicant assist reservoir company in the expense of the
above referred to improvements rather than the erection of detention
or retention ponds for the orderly discharge of waters from such
development.
NOW, THEREFORE, in consideration of the premises and the
re
mutual benefit to the parties herein, it is agreed as follows:
I. Reservoir company shall accept the quantity and volume
of water to be discharged from the shopping center area and the
lands to the east thereof, presently owned by ELMER L. BRUNE and
WILLIAM S. BRUNE, (the lands of applicant and the Brunes involved
herein consisting of twenty-five (25) acres, more or less), developed
or to be developed by applicant and others, through natural channels
now existing without intervention of detention or retention ponds or
other retardant procedures.
2. Applicant agrees to pay to reservoir company not less
than Six Thousand and No/100 ($6,000.00) Dollars nor more than
Twelve Thousand One Hundred Fifty and No/100 ($12,150.00) Dollars
upon the following terms and conditions:
(a) Applicant shall pay the sum Of Four Thousand and N0/100
($4,000.00) Dollars to reservoir company at the time of the execution
of this agreement and a minimum of Two Thousand and No/100 ($2,000.00)
Dollars more after the cost of the spillway contemplated above is
determined by reservoir company. The basis of payment to reservoir
company by applicant shall be 8.1% of the total cost of said spillway
to reservoir company up to a total spillway cost of One Hundred Fifty
Thousand and No/100 ($150,000.00) Dollars, with a minimum payment of
Six Thousand and No/100 ($6,000.00) Dollars. Applicant's total cash
obligation shall not exceed Twelve Thousand One Hundred Fifty and
No/100 ($12,150.00) Dollars.
3. It is understood and agreed that there is a possibility
in the future of governmental bodies, either City, County, State or
Federal, imposing quality controls on water discharge; and it is
- specifically understood and agreed that this agreement does not
relieve either party hereto nor determine the responsibility for
water quality now or in the future. Reservoir company does not
assume any obligations for the quality of water being accepted
under the terms of this agreement and reserves the right to pass
- on to applicant, its successors or assigns, any water quality
standards which may later be imposed upon the water being received
by reservoir company under this agreement.
-2-
THIS AGREEMENT shall extend to and be binding upon the
successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed the day and year first hereinabove written.
(SEAL) HCI, INC.,
a Colo{do corporati00%�,
ATTEST: By:-.
E ugen� tdrtc e{1T, Pres,dent
T Secretary
(SEAL) THE WARRE LAKE RESERVOIR COMPANY,
a Colo�OMUtnalirriqation corporation,
ATTEST: Byc
G en A. Jo .So , Presr ent
Wr ram/C. Stover, Secretary
STATE OF COLORADO )
) ss.
County of Larimer )
The above and foregoing instrument was acknowledged before
me this -15�L' day of January, 1978, by EUGENE E. MITCHELL, as President,
and attester to by JACK A. SHIREY , as Secretary , of HCI, INC.,
a Colorado corporation.
Witness my hand and official seal.
My Commission Expires: August 5, 1979.
(SEAL) ` •.
Notary Purj.1c
STATE OF COLOR4DO )
) ss.
County of Larimer )
The above and foregoing instrument was acknowledged before
me this 1'-'day of January, 1978, by GLEN A. JOHNSON, as President,
and attested to by WILLIAM C. STOVER, as Secretary, of THE WARREN
LAKE RESERVOIR COMPANY, a Colorado mutual irrigation corporation.
Witness my hand and official seal.
MY Commission Expires: My Comnissiun Expires September 28, 1980
(SEAL)
Notary P rc
v.o
MEMORANDUM OF UNDERSTANDING
VICTOR F, BOGAARD, III, ("the Developer') located in the City of fortCollins ]mown as the Arena Office Buildin
City has approved an Erosion Control Plan dated of certain real property
Subdivision and g ("the Subdivision^). The
Pursuant to Section 2.2 of the Cityrm Drainage 5 "
Criteria^), the City has a , -�--, (the Plano), for the
greed to accept a cash escrow in the amounttoOne Thousand aThree
Hundred Twelve and 501100 Dollars ($1,312.50) ("the Cash Escrow") from the Developer to
guarantee the Proper installation Plan and described in the Criterfa. and maintenance of the The Cash Escrow has erosion control measurers shown on the
been received a the City.
If, at any time, the Developer fails to e by the provisions of the Plan or the Criteria,
the City may enter uabid
pon the premises described in the Subdivision for the
such improvements and undertaking such activities as may be necessary
Provisions of the Plan and the Criteria are properly Purpose of making
of the Cash Escrow as P Pe y enforced, sarY to ensure that the
may be necessary The City may apply such portion
administration, construction and/or installation oflthe erosion control measures
ost' incurred y the City in undertaking the
Plan and the Criteria.
required by the
Upon acceptance by the City of the initial installation of the erosion control m
improvements required by the Plan and the Criteria, the Cash
twenty-five percent (25 %) of the actual cost of such In easures and
shall be held by the Cityto Escrow shall be reduced to
w
guarantee the continued maintenance and creplacement o the Cash Escrow
measures for a period not to exceed two (2) years from the date of installation f the erosion
control measures. Upon the expiration of said two (2) year period or the date of
by the City that the required measures have been full completed with the Plan, whichever occurs firs[, the balance of the Cash Escrow smaintainede eam accordance
r� e
Developer and the right of access granted to the City under this Memorandum of Understanding
shall be of no further force and effect. Until such time, the rights of the
Memorandum of Understanding shall run rills the Subdivision and be binding subsequent owner thereof, as well as anParties under this
-�� y assignee in interest of the Developer. upon any
Dated this � day of � /
1995.
DEVELOPER:
THE CITY OF FORT COLLINS,
VICT R F. BOGAARD III COLORADO, a municipal cor
poration
By:
Glen Schlueter,
Development Review Manager
PROTECTIVE COVENANTS FOR
FOOTHILLS SQUARE - PUD
HCI, INC., and FOOTHILLS SQUARE, LTD., a limited partnership,
owners of the following described real estate, to wit:
Lot Strachen Subdivision,
Colorado; Second Filing, Fort Collins,
do hereby make the following declarations as limitations, restrictions
and uses to which the said property may be put, and hereby specify that
these declarations shall constitute covenants to run with all of the
above described land, provided by law, and shall be binding on all Par ties and all persons claiming under them, and for the benefit limitations o of and
all future owners of all or part of said tracts, thist.
declaration being signed for the purpose of guaranteeing that said tracts
Will be landscaped initially and kept in desirable condition in the future
as herein specified.
These landscape improvements as described in the landscape plot
Plans submitted to the City of Fort Collins and on record therewith
shall be made and installed in the manner as described in said plan
unless amended pursuant to the approval of the City of Fort Collins.
Upon beginning construction of any building upon the above described pro-
perty the developer or owner shall cause the property contiguous to said
building which is to be landscaped to be seeded and suitably planted with
grass, trees and decorative shrubs pursuant to the provisions landscape plot plans of said excepting; however, lands necessary for construc-
tion. It is further understood and agreed that the developer of said
Property, the Owner or their assigns or successors in interest shall be
responsible for the maintenance and care (including necessary replace-
ment of dead trees or shrubs) of all "planted and landscaped' areas
within said property.Should the developer or owner fail in any respect
to comply with the terms of this agreement, the City of Fort Collins upon
notifying said developer or owner in writing of the matters in regards to
Which default is asserted and should the developer owner fail either to
cure said default within thirty (30) days after receipt of such notice
or to commence within twenty (20) days to rectify such default and con-
tinue thereafter to use due diligence to rectify such default until it is
fully rectified or cured, then the City of Fort Collins shall have the
right to enter upon said property and perform the work necessary to re-
place said landscaping and plantings or maintain same and the developer
or current owner shall pay or cause to be paid to the such reasonable sums necesCity of Fort Collins
sary to reimburse said City of Fort Collins
for the labor and material expended to complete or maintain said land-
scaping or plantings which payment shall be made within ten (10) days
after receipt of billing. If said billing is not paid, then the said
City of Fort Collins pursuant to the authority granted by these covenants
shall have a lien on all property and improvements thereto within the
particular tract of land within such described property on which said
work was performed, said lien to be exercisable by filing a notice of
said lien against said property and improvements thereto; ever, that the City of Fort Collins shall not hprovided, how -
property a li
Property prior to that oen against such
f any valid mortgage or deed of trust. of Fort Collins shall be entitled
The City
to all rights remedies existing of foreclosure or other
Pursuant to Colorado law for enforcement of liens
against real property and may also at its discretion without waiving
any other rights it may have pursuant to law, proceed directly with
legal action against the developer or successors in interest -to current owner, their assigns, or
collect Payment of the reasonable amounts so
expended pursuant to the terms hereof.
Dated at Fort Collins, Colorado, this -fit, day of a 1977.
HCI, IN ,.,'a Colo do ATTEST: - Corporation
resl an
secretary
ATTEST:
:Secretary
FOOTHILLS SQUARE, LTD., a Limited
Partnership
BY .HCI INC., Gen ral Partner
BY-
,
rest en