HomeMy WebLinkAboutPOTTS PUD - Filed OA-OTHER AGREEMENTS - 2003-01-10,r, -:2-1/4,
RCPTN # 96027914 ti22/96 14:58:00 # PA > - 6 FEE - $31.00
M RODENBERGER RECOkUER, LARIMER COUNTY CO SIATE DOC FEE - $.00
THIS AGREE1%E T is made and entered into this; —Ay 0",�/ ,
1996, by and between THE CITY OF FORT COLLINS, OCECRADO, a municipal corporation,
hereinafter referred to as Applicant; and THE LARIlME2 COUNTY CANAL NO. 2
IRRIGATING, COMPANY, a Colorado mutual irrigation company, hereinafter referred
to as Ditch Company.
SRC. 1�.N YC��
An open cut of the main ditch of the Ditch Company located five hundred
twenty feet (5201) south of West Elizabeth Street. Said cut will be from the
existing transformer on the west bank of the ditch to the east bank of the ditch
to a future transformer for the proposed Potts P.U.D. This cut will be twenty-
four inches to thirty-six inches (24"-36") wide and thirty-six inches (3611) deep
below the banks and bottom of the ditch. Installed in the cut at its bottom will
be one (1) four inch (4") PVC conduit and two (2) two inch (2") PVC conduits, and
an electrical cable will be placed inside one of the two smaller conduits.
WHEREAS, the Ditch Company is the owner of an irrigation ditch and the
right-of-way therefor through land as shown on the Exhibit attached hereto and
made a part hereof by reference; and
WHEREAS, the attached Exhibit sets forth all the plans and specifications
and terms of this grant, and shall be in no way modified or changed by any
subsequent or related plans or materials not included therein; and
WHEREAS, the Ditch Company is willing to grant to Applicant this right upon
the terns and conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the terms of the
within Agreement, it is agreed, as follows:
1. The Ditch Company grants unto Applicant the right to make an open cut
to install the PVC and electric cable as described in the attached Exhibit; and
further grants unto the Applicant the right of ingress and egress to a part of
its ditch as shall be reasonable and necessary for the exercise of the rights
granted herein.
2. Applicant shall pay to Ditch Company, concurrent with the execution
hereof, an application fee in the amount of This
is determined to be a minimum initial payment to cover preliminary expenses, such
as legal work, time and motor vehicles for use by superintendent and/or
directors; review of the application; and other preliminary matters. In addition
thereto, Applicant agrees to pay for such additional, reasonable and necessary
expenses of the Ditch Company for legal services and inspection of the works by
the Ditch Company's President, engineers and superintendent.
3. The construction herein contemplated shall be in strict accordance
with the final set of plans with modifications set forth in the Exhibit attached
[ and initialled by the parties hereto. The excavation or change in the present ditch
because of the construction shall be filled with a flow -fill material that contains a
certain percentage of concrete. The flow -fill will set to one hundred percent (100%)
compaction within twenty-four (24) hours. The area under the bottom of the ditch
shall be backfilled with flow -fill material for the bottom 24" and the top 1 2" with clay
soil, compacted and stabilized to the entire satisfaction of the Ditch Company. Said
work shall further be done under the supervision of the superintendent or other
designated agents of the Ditch Company.
4. All construction shall be commenced promptly and completed promptly
after construction has commenced. The period of time for construction shall be
designated by the Ditch Company President. These periods are mandatory, except as
may be extended by the President of the Ditch Company or other duly authorized
representative of the Ditch Company, and said construction shall in no way interrupt,
impede or interfere with the flow of irrigation water, nor shall such construction
adversely affect the quality of the water. All construction shall proceed with due care
to make certain that no contamination of the irrigation water occurs.
5. Upon the completion of the project, the Applicant shall promptly notify
the Ditch Company, and the parties shall jointly inspect the ditch at the place of
construction. If there are any deficiencies in the work of the Applicant or any
variations from the plans set forth in the Exhibit, the Applicant shall forthwith remedy
the same. In so doing, the Applicant shall meet all reasonable requirements of the
Ditch Company for the protection of the ditch and surrounding property.
6. It is the intent of this Agreement that Applicant shall exercise due care
in the construction contemplated herein. Accordingly, it is hereby recognized by and
between the parties hereto that the Ditch Company is in no way responsible for any
damages caused by such construction.
7. The project shall be without cost to the Ditch Company, and the
Applicant shall hereby indemnify and forever hold the Ditch Company harmless to the
extent permitted by law and the charter of the City of Fort Collins for liability for
damages caused by the project.
8. The Ditch Company shall have full power 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.
9. The Applicant agrees, in perpetuity, that, because of increased
maintenance expenses and difficulties occasioned by the location of the construction
within the ditch right-of-way, it shall conduct all maintenance activities to the facilities
after construction as are necessary.
10. In the event either the Applicant or the Ditch Company shall be in
default in any of their covenants herein, so as to require the party not in default
to retain counsel to attempt to enforce the covenants by negotiations or
otherwise, or to commence legal or equitable action against the defaulting party,
the defaulting party agrees to pay all reasonable expenses of said litigation
2
incurred by the enforcing party, including, but not limited to
docket fees, depositions and reasonable attorneys' fees.
THIS AGREEMENT shall extend to and be binding upon the heirs,
successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove
written.
;;.( THE CITY OF FORT COLLINS,
a municipal corporation
e ATTEST:*+- '
BY:
CJ LARIMER COUNTY CANAL NO. 2 IRRIGATING
COMPANY, a Colorado mutual
ATTEST' irrigation company
4.�--
By:
Ge r
e . Fischer, Secretary J n Strachan, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The above and foregoing Agr ement was acknowledged before me
its; �tv /. day of 1996 by
as
and attestedt�7jo by
�1Lf i' L LCA, )Lo as 10-a LV4, &41 ('<<1L �f The
City of Fort Collins, a municipal corpo
`l ESS my hand and official seal.
l4ZMY'•,c�nmission expires: l%/l///,
Notary Public
is Form
3 eputy City Attorney
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The above and foregoing Agreement was acknowledged before me
this /y day of , 1996, by John Strachan as
President and attested o by Gene E. Fischer as Secretary of
Larimer County Canal No. 2 Irrigating Company, a Colorado mutual
irrigation company.
WITNESS my hand and official seal.
MY commission expires:
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POTT'S P.U.D.
AMENDMENT AGREEMENT NO. 1
THTS
AMENDMENT AGREEMENT, made and entered into this
day ofrcjje- AnY , of 199 by and between the CITY OF FORT
COLLINS, COLORADO, a _municipal corporation, ("City") and CAROLYN
A. CA.MPION '°:ievelccer"), is an amendment to that certain
Deve'_opment Agreement dated September 23,1992, by and betwee- the
Cite; and the C. AND I. COMPANY, a Washington general partnership,
hereinafter referrer to as the "Deve'_cpment Agreement."
WHEREAS, the C_tv and the Developer's predecessor in
in-erest ore-V Ously executed the Development Agreement; and
W-HEREAS, the c =hies are presently desirous of nodifying the
eve!cr:n.er_t Agreement;
NOW, THEiiEFORE, ^. consideration of the promises of the
part -.es hereto and other good and valuable consideration, the
eCeipt and aCegllaCy Ct WhIC : is hereby acknowledged, ,,e ,Dartles
agree -,at surhead_^ (General Conditions) Paragraph shall be
reoiaced to read as follows L wit:
No building perm't for the construction of any structure
within the develcpment shall be issued by the City unt the
water lines, __re hydrants, sanitary sewer 'lines, and
streets (with at least the base course completed) serving
.,ch stricture 'nave been completed and accepted by the Clt,;.
Ncr_withstandinc the foregoing, the Developer shay_ be
entitled to receive a footing and foundation permit for the
construction of improvements within the development upon the
_r.stallation Of access to provide fire protection and other
emergency services to the site during construction.
Adequate water lines and fire hydrants shall be installed
prior to the Developer being allowed to place combustible
materials on the site. All such access (temporary or
permanent) completed prior to footing and foundation permit
and water lines and fire hydrants (temporary or permanent)
completed prior to the placement of combustible materials on
the site shall be accepted by the Director of Engineering.
No building permits shall be issued for any structure
located in excess of six hundred and sixty feet (6601) from
a single point of access.
Except as herein modified, the Development Agreement shall
continue in full- force and effect. This Agreement and the
Development Agreement constitute the entire understanding of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Q T
City . anager
ATTEST:
1 C�
��ty Clerk
APPROVED AS TO CONTENT.
D��� of
E^�j-eP
APPROVE S Tc FORM:
�.v
City Attorney
DEVELOPER:
By : its V L o
Carolyn Camp on
STATE OF COLORADO )
ss.
County of Larimer )
The foregoing was acknowledged before me this 7th day of February, 1996,
by Russell J. Campion as attorney in fact for Carolyn A. Campion.
Witness my hand and official seal.
�Noot�ry� Pub V7
My Commission Expires: 5/28/97
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