HomeMy WebLinkAboutRUDOLPH FARM INFRASTRUCTURE - Filed OA-OTHER AGREEMENTS - (2) RECEPTION#20240054369, 12/18/2024 11:05:52 AM,1 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
After Recording Return to:
PNE Prospect Road Holdings,LLC
900 Castleton Road,Suite 118
Castle Rock,Colorado 80109
AGREEMENT AND COVENANT TO ALLOW DISCHARGE OF STORMWATER
INTO THE
CACHE LA POUDRE INLET CANAL
THIS AGREEMENT is made this 13{k day of Ng-"b,,( , 2024 (the "Effective
Date")between PNE PROSPECT ROAD HOLDINGS,LLC, whose address is 900 Castleton
Road, Suite 118, Castle Rock, CO, 80109 (hereinafter "Developer"), RUDOLPH FARMS
METROPOLITAN DISTRICT NO. 6, whose address is 8390 E. Crescent Parkway, Suite 300,
Greenwood Village, CO, 80111 ("District"), and the CACHE LA POUDRE RESERVOIR
COMPANY, a Colorado mutual irrigation company, whose address is 33040 Railroad Ave.,
Lucerne, CO, 80646(hereinafter"Company"), all of which are sometimes referred to herein as the
"Parties."
RECITALS
WHEREAS, the Company owns certain real property located in the Southwest 1/4 of
Section 15, Township 7 North,Range 68 West of the 6th P.M, Larimer County,Colorado, which
tract of land is legally described in Book 1531, Page 759 recorded November 30, 1972, at
Reception No. 44071 of the records of the Larimer County Clerk and Recorder's Office
("Company Property"); and
WHEREAS,the Company is the owner and operator of a canal commonly known as the
Timnath Reservoir Inlet Canal("Canal"), which transports water across the Company Property for
ultimate delivery to the Company's shareholders. The Canal is depicted in Exhibit A, attached
hereto and incorporated herein by this reference; and
WHEREAS,the Company also has a valid and existing easement by prescription for such
additional land on each side of the Canal beyond the Company Property necessary for the
Company to fully operate,utilize, maintain and repair the Canal(the"Canal Easement"); and
WHEREAS,Developer is the current owner and developer of the real property described
on the attached Exhibit B ("Development Property"); and
WHEREAS,the Canal has received historical undeveloped drainage and sheet flows from
the Development Property at one or more points along the Canal("Historical Drainage"); and
WHEREAS,Developer is in the process of developing the Development Property to make
it suitable for construction and development,and in conjunction therewith plans certain stormwater
improvements ("Improvements") that will be constructed pursuant to the "Stormwater Plan"
attached hereto and incorporated herein by this reference as Exhibit C; and
WHEREAS,the Development Property must meet drainage specifications as required by
the City of Fort Collins ("City") and the Town of Timnath ("Town"); and
WHEREAS, the Stormwater Plan calls for draining stormwater from an area of the
Development Property into the Canal; and
1346976.13
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,2 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
WHEREAS,the Company will only accept stormwater from the Development Property in
accordance with the Stormwater Plan and pursuant to the terms and conditions set forth below;
and
WHEREAS,after Developer completes the initial construction of the Improvements and
the Improvements are approved by the Company ("Completion Date"), the Parties intend that
Developer will assign all rights and responsibilities under this Agreement related to the
Improvements, pursuant to the terms and conditions in this Agreement.
AGREEMENT
NOW, THEREFORE,for the consideration paid and the covenants contained herein and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
Parties mutually agree as follows:
1. The above recitals are hereby incorporated herein by reference as if fully set forth.
2. Developer hereby represents and warrants that it currently owns the Development Property
and that there are no liens or encumbrances that would prevent Developer from fulfilling
its obligations under this Agreement. Each Party hereby represents and warrants,on behalf
of itself and its successors and assigns in interest, that it has full legal authority to enter
into and be bound by this Agreement.
3. Runoff from storm events("Stormwater")from the Development Property will be collected
in a series of storm sewer pipes for detention in the "Detention Pond(s)" located on the
Development Property as described in the Stormwater Plan. Developer will construct the
Improvements in accordance with the Stormwater Plan, which is designed by a Colorado-
licensed, professional engineer, and which shall in all respects conform to federal, state,
and local drainage water requirements. Developer agrees that the Detention Pond(s) and
associated structures will be constructed in accordance with the Stormwater Plan. The
Stormwater Plan will not be materially altered without the Company's written consent.
4. Developer or District shall notify the Company at least 48 hours prior to the start of
construction of,modification to, or repairs to the Improvements, so that the Company may
supervise and inspect the work as they deem necessary. In the event the Company deems
it necessary to retain an engineer for supervision of any work on the Improvements,
Developer or District shall be responsible for the reasonable fees and costs of such
engineer.
5. Developer shall inform the Company when the Improvements are completed, and the
Company's representatives shall inspect the Improvements as built ("Inspection"). The
Company may request modifications to the Improvements as reasonably necessary to
protect the Company Property,Canal, and Canal Easement, and Developer shall make any
such modifications solely at its expense within 30 days of the Company informing
Developer of the requested alterations, unless otherwise reasonably agreed to by the
Company or unless otherwise inconsistent with the terms and conditions of this Agreement.
Upon completion of the installation of the Improvements, the Developer or District shall
provide an "as built" survey which shall thereafter be considered an attachment to this
2
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,3 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
Agreement as Exhibit D.
6. All work on the Improvements within the Canal Easement, specifically the stormwater
outlet pipe, and any subsequent repair and/or maintenance of the same shall be conducted
to take place without any disturbance to the amount or flow of water into the Canal
(meaning the construction will allow all water to pass in through the Canal in the area of
construction or water will be routed around construction and immediately and fully
returned to the Canal), unless the Company first gives permission in writing for such
disturbance. Generally, the Canal operates consistently between November 1 and March
31, and work on any Improvements within the Canal Easement must take place outside of
that time frame unless otherwise agreed to by the Company in writing. However, water is
also often delivered in May and June during runoff, and at other times the Company is
refilling the Reservoir, and the work shall not interfere with such operations. Additionally,
the Canal may operate year round in the future.Accordingly, in an effort to accommodate
the work in a manner that prevents disturbance of flow in the Canal, and in order to
accommodate work related to the nearby Lake Canal, the Parties agree to work in good
faith to develop a construction schedule and plan that will not cause interruption to
deliveries for either company but will allow the work to proceed. Should unauthorized
disturbance occur, Developer (prior to the Completion Date) or the District and/or
Assignees (thereafter) expressly agree and acknowledges that they shall be liable to the
Company and/or its shareholders for damages. The Company will not accept any
stormwater into the Canal, other than the Historical Drainage, until all stormwater
detention and water quality Improvements are operational. In any event, construction of all
stormwater detention and water quality Improvements must be completed before October
31, 2026, unless otherwise agreed by the Company.
7. Afterthe Completion Date,including final approval of the Improvements by the Company,
Developer may, by written agreement substantially similar to the form attached hereto as
Exhibit E, assign the rights and responsibilities under this Agreement to District, upon
receipt of written approval of such conveyance by the Company, which approval shall not
be unreasonably withheld("Assignment"). Thereafter, District agrees that it will maintain
the capacity and functionality of the Detention Pond(s), and associated structures including
pipelines and outlet works in accordance with the City and/or Town Regulations, and that
no other water or waters will be stored or allowed to collect in the Detention Pond(s)other
than Stormwater from the Developed Property. Pipeline(s) depicted on the Stormwater
Plan will connect the Detention Pond(s) with the Canal (hereinafter the "Discharge
Point(s)") and must convey stormwater in a non-errosive manner and provide an outfall
structure to assure stability and integrity of the Canal. Developer shall be solely
responsible for all costs associated with the initial construction of the Improvements. After
the Completion Date and Assignment, District shall own the Improvements and shall be
solely responsible for all maintenance, repair, and replacement of the Improvements. In
the event that,for whatever reason, the Developer or District fails to maintain the capacity
and functionality of the Detention Pond(s) and associated structures, including the outfall
structure, pipelines and outlet works, upon thirty (30) days prior written notice to the
Developer/District except in emergency situations, the Company may enter upon the
Development Property where the structures are located and maintain the same to the City's
and/or Town's Standards.In emergency situations, the Company is not required to provide
the Developer or District with notice and may immediately repair the Improvements.
Developer or District shall promptly reimburse the Company for any reasonable costs
3
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,4 of 18,598.00
Tina Harris,Clerk&Recorder,Larimer County,CO
incurred in any such maintenance or repair.
8. The Company agrees to accept the Stormwater detained in the Detention Pond(s) into the
Canal provided the terms and conditions of this Agreement are complied with. Carriage
of Stormwater shall also be subject to the following terms, conditions and limitations:
a. Discharge of Stonmwater into the Canal shall not cause damage to the Canal or any
structures, headgates, weirs, culverts, or other infrastructure owned by the
Company and associated with the Canal. If the discharge of Stormwater does cause
damage to the Company Property, the Canal, Canal Easement or above-described
structures or infrastructure, Developer and or District, depending on whether said
damage occurs before or after the Completion Date, shall promptly repair said
damage at its sole cost and expense, and in the event Developer or District fails to
promptly do so, the Company may do so, and shall invoice Developer or District
for the cost and expense of said repairs, which said Party shall pay within no less
than thirty (30) days.
b. The Company, and its assigns, shall retain full power and authority as the owner of
the Canal to operate, maintain, enlarge, repair and otherwise utilize the Canal.
c. Further, the Company has the right to develop,or otherwise clean, manage, operate
and repair the Canal without obligation to alter said operations to accommodate
Stormwater discharge. In the event that any such action on the part of Company
could reasonably be expected to affect Stormwater discharge, the Company agrees
to give prior notice to Developer (prior to the Completion Date) or District
(thereafter), if possible, and to reasonably cooperate with Developer or District, as
applicable, before and during any such action.
d. Discharge of Stormwater shall be stormwater collected from the Development
Property only and shall not discharge at a rate greater than 7 cfs into the Canal. If
at any time the State Engineer determines that the Stormwater Discharge must be
discharged to the tributary system then Developer (prior to the Completion Date)
or District (after the Completion Date) shall be fully responsible for compliance
with such requirements at no additional cost or obligation to the Company.
9. The quality of the Stormwater shall be the responsibility of the Developer and/or District.
After the Completion Date and Assignment, District shall take all necessary steps to treat
the Stormwater in the manner required by the City and/or the Town Regulations, and this
Agreement, whichever is stricter. Nothing herein shall or is intended to relieve
Developer/District from any common law or other legal obligations related to the quality
of drainage water discharged to downgradient properties, and at a minimum the quality of
the Stormwater discharged must be of a quality satisfactory and suitable for the Company
shareholders' historical use of the water, including irrigation and livestock uses, and shall
be non-hazardous to humans. In the event that Developer/District fails to take the
necessary steps to treat the Stormwater to said standards,upon thirty(30)days prior written
notice to the Developer/District, other than in emergency situations, the Company may
enter onto the Development Property to take such steps, and Developer/District shall
4
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,5 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
promptly reimburse the Company for the costs incurred in taking such steps and/or the
Company may seek such other remedies as may be appropriate for injury caused by
Stormwater quality and/or expenses incurred in remedying or mitigating the Stormwater
quality.
a. To the extent permitted by applicable law, Developer/District and its respective
successors and assigns shall forever indemnify, defend and hold the Company, its
employees, officers and directors,and its assigns, harmless from liability for claims,
damages, liabilities, costs or expenses (including attorneys' fees and other dispute
resolution costs) resulting from Developer/District's failure to meet the water
quality standards set forth in the City and/or Town Regulations.
b. In the event that any applicable water quality standards are violated, or a court or
governmental body or agency asserts, requires or orders the Company to clean or
treat its water, or otherwise take measures to effectuate such treatment,before the
Company can allow its waters to flow into a river, stream, creek or other natural
watercourse as a result in whole or in part of the quality of the water discharged to
the Canal at the Discharge Point(s), the Company (at its election) may take such
actions as it deems necessary, including entering upon the Development Property
and the Detention Pond to perform such actions as are necessary to meet the water
quality requirements, and Developer/District shall promptly reimburse the
Company for the reasonable costs and expenses incurred for such work) and/or the
Company may seek such other remedies as may be appropriate, provided that the
Company shall first have given Developer/District thirty (30) days written notice
and a reasonable period of time to cure the particular violation under all of the
circumstances.
c. If any third party or local, state or federal governmental agency or authority or any
court of competent jurisdiction requires Developer/District or the Company to
obtain, or asserts that Developer/District or the Company must obtain, or was
required to obtain, any pennit, authorization, or similar approval as a result of
discharging and the Company accepting Stormwater from the Development
Property (whether or not such waters are mixed with other waters of the Company),
Developer/District agrees to promptly obtain such permit or approval at its sole cost
and expense. In such event, if Developer/District fails to obtain such permit or
approval, the Company may obtain such permit or approval and Developer/District
shall promptly reimburse the Company for the reasonable costs and expenses
incurred for such work, and/or the Company may seek such other remedies as may
be appropriate. However, the Company shall not be responsible for obtaining, nor
be required to obtain, any such permit, authorization or similar approval.
10. Upon execution of this Agreement, Developer agrees to pay to the Company $8,000 upon
signing. On January 1,2025,and each January 1 thereafter,District shall pay the Company
$16,828.14. These annual fees shall be referred to herein as the "Stormwater Fee." Such
fees shall be adjusted on an annual basis, commencing on January 1 of each year, based on
the change in the regional consumer price index for the prior year. In the event the Town
and the Company reach an agreement whereby the Town commences collection of a
uniform fee of general applicability for the purpose of reimbursing the Company for use
5
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,6 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
and maintenance of the Canal for drainage and stormwater purposes, Developer or District,
as applicable, shall have no further obligation to continue payment of the Stormwater Fee.
11. Developer also shall reimburse the Company for the reasonable costs incurred prior to the
Completion Date related to this Agreement and the Company's performance of its rights
and obligations of this Agreement, including but not limited to drafting and review of this
Agreement, the inspection and review of plans and specifications, the oversight of
construction of the Improvements, and all other matters related to this Agreement until all
Improvements have been constructed. Such costs shall be invoiced by the Company, and
reimbursement shall be made within 30 days of receipt of the Company's invoice(s).
12. Developer and District hereby release, indemnify (to the extent permitted by law), defend
and hold harmless the Company, its officers, employees and agents from claims, actions,
causes of action, demands, rights, liabilities, damages, costs and expenses (including
attorneys' fees and other dispute resolution costs) for property damage or injury, including
death, resulting from the discharge of Stormwater into the Canal or the existence of the
Improvements.
13. Failure by the Company to enforce any or all provisions of this Agreement at any time does
not, and shall not operate as a waiver or estoppel.
14. This Agreement, and any grant by the Company, is subject to all restrictions, reservations,
rights-of-way, easements, documents or agreements existing or of record in the Larimer
County Clerk and Recorder's Office.
15. This Agreement and all the terms and conditions herein and all of the benefits and burdens
herein shall extend to and be binding upon and inure to the benefit of the Parties and the
successors and assigns of each of the parties hereto. Notwithstanding the foregoing, all
benefits herein for the Development Property to discharge Stormwater into the Canal shall
benefit the Development Property and run with title to the Development Property.
16. This Agreement shall be perpetual in nature except, however, that in the event no
construction of the Improvements has begun to take place on the Development Property
within five (5) years from the date hereof, this Agreement may be terminated by the
Company by providing written notice of such termination to Developer.
17. The Company and the Town of Timnath may in the future develop a master stormwater
agreement to address the delivery of stormwater in Timnath's jurisdiction through the
Company's structures ("Timnath Master Stormwater Agreement"). Developer and District
agree to reasonably work with the Company and Town of Timnath to amend this
Agreement to conform to the terms and conditions of the Timnath Master Stormwater
Agreement.Further, Developer and District agree that should regional stormwater facilities
be constructed in the vicinity capable of returning the Stormwater to the river without use
of the Canal, Developer (prior to the Completion Date) or District (thereafter) and the
Company shall reasonably and in good faith negotiate an amendment to this Agreement so
as to discharge some or all of the Stormwater into such other regional stormwater facilities.
18. Company may assign its rights and responsibilities under this Agreement to a subsequent
6
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,7 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
owner of the Company Property or of the Canal Easement on the Development Property.
Company shall give notice of any such assignment to all Parties to this Agreement.
19. Any notice required or permitted hereunder shall be deemed effective when deposited in
the United States mail, postage prepaid, first class and addressed to the party to whom
notice is to be given, as follows:
a. If to the Company: Cache La Poudre Reservoir Company
33040 Railroad Ave.
Lucerne, CO, 80646
Phone: (970) 352-0222
b. If to Developer: PNE Prospect Road Holdings, LLC
900 Castleton Road, Suite 118
Castle Rock, Colorado 80109
Phone: (303) 955-5291
C. If to District: Rudolph Farms Metropolitan District No. 6
8390 E. Crescent Parkway, Suite 300
Greenwood Village, Colorado 80111
Phone: (303) 779-5710
20. In the event that the person or entity to whom notice shall be given changes, the other party
shall be notified in writing pursuant to this paragraph.
21. This Agreement may be executed in multiple counterparts, each of which shall constitute
an original, but all of which, taken together, shall constitute one and the same document.
22. This Agreement shall be recorded in the real property records of Larimer County,
Colorado.
23. Nothing in this Agreement shall be construed to waive,limit, or otherwise modify,in whole
or in part, any governmental immunity that may be available by law to the District pursuant
to the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as the same
may be amended from time to time.
IN WITNESS WHEREOF,the Parties hereto have caused these presents to be duly executed by
the proper officer and have affixed their seals hereto on the day and year first above written.
Cache La Poudre Reservoir Company
7
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,8 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
By: esz''41'�
ATTEST:
Secretary
STATE OF COLORADO )
)SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 13A day of D2c¢....,614,',
2024, by , i , as President and cam/ �Xc�w. , as Secretary
of the Cache La Poudre ervoir Company.
Witness my hand and official seal.
Notary Ablic
PAULACKERMAN My Commission expires: `/,�1� /Z
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214043813
MY COMMISSION EXPIRES NOVEMBER 18,2025
8
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,9 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
PNE PROSPECT ROAD HOLDINGS, LLC, a
Colorado limited liability company
By: PNE Prospect Road Investments, LLC, a
Colorado limited liability company, its Sole
Member
By:
Printed Name: d, Kr
r
Its: Manager
e above and foregom* Agreement was acknowledged before me this 27"�`Iday of
6,we bty, , 2024, by �Yu, OV16v' , as Manager of PNE Prospect Road
Investments, LLC, a Colorado limited liability company, Sole Member of PNE Prospect Road
Holdings, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
MY commission expires: ���'��2yZ6 {SEAL)
GRADY M.LONG
NOTARY PUBLIC RUDOLP ARMS ITAN
STATE OF COLORADO
NOTARY ID 20224031356 DIST T NO. 6, a u i- ici 1 , rporation
MY COMMISSION EXPIRES 0811112026 and t' al su v' ' f - Colorado
B • ,l`'
Printed Name: Michael Kleinman
Its: Secretary/Treasurer ,�
e above and foregoing Agreement was acknowledged before me this 3day of
VYl 2024, by Michael Kleinman as Secretary/Treasurer of Rudolph Farms
Metropolitan District No. 6, a quasi-municipal corporation and political subdivision of the State
of Colorado.
WITNESS my hand and official seal. LIQ�_
Notary Public
MY commission expires: {SEAL}
E
ELLY HOLLISTARY PUBLICE OF COLORADORY ID 20224018699sion Ex ires:Ma 10.2026
EXHIBIT A
9
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,10 of 18,$98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
EXHIBIT B
Development Property
10
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,11 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
PARCELS OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION FIFTEEN
(15), TOWNSHIP SEVEN NORTH(T.7N.), RANGE SIXTY-EIGHT WEST(R.68W.) OF THE
SIXTH PRINCIPAL MERIDIAN (6TH P.M.), COUNTY OF LARIMER, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15 AS
BEARING SOUTH 890 38' 43" EAST WITH THE WEST QUARTER CORNER OF SECTION
15 BEING A 3 1/4"ALUMINUM CAP ON #6 REBAR, STAMPED LS 17483 AND THE
CENTER QUARTER OF SECTION 15 BEING A 2 1/2"ALUMINUM CAP ON #6 REBAR,
STAMPED PLS 7839, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT SAID WEST QUARTER CORNER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER, SOUTH 89° 38'
43" EAST A
DISTANCE OF 105.08 FEET TO POINT OF BEGINNING 1;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89° 38' 43" EAST A
DISTANCE OF 2538.15 FEET TO SAID CENTER CORNER OF SECTION 15;
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 15,
SOUTH 000 05' 39" WEST A DISTANCE OF 1081.21 FEET;
THENCE DEPARTING SAID EAST LINE, NORTH 76° 39' 58" WEST A DISTANCE OF
580.42 FEET;
THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST A
DISTANCE OF 151.65 FEET, SAID CURVE HAS A RADIUS OF 642.00 FEET,A DELTA OF
130 32' 03" AND IS SUBTENDED BY A CHORD BEARING SOUTH 530 20' 22" WEST A
DISTANCE OF 151.30 FEET;
THENCE SOUTH 600 06' 24" WEST A DISTANCE OF 375.84 FEET; THENCE SOUTH 000
00' 51"WEST A DISTANCE OF 646.57 FEET;
THENCE NORTH 540 53' 09"WEST A DISTANCE OF 18.04 FEET;
THENCE NORTH 760 19' 16"WEST A DISTANCE OF 163.85 FEET;
THENCE NORTH 840 59' 16"WEST A DISTANCE OF 548.82 FEET;
THENCE NORTH 670 52' 16" WEST A DISTANCE OF 88.13 FEET;
THENCE NORTH 540 48' 16" WEST A DISTANCE OF 900.73 FEET;
THENCE NORTH 000 11' 37" EAST A DISTANCE OF 780.50 FEET;
THENCE NORTH 220 40' 37" EAST A DISTANCE OF 26.16 FEET;
THENCE NORTH 000 1 P 44" EAST A DISTANCE OF 433.23 FEET TO POINT OF
BEGINNING 1.
AND
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER,NORTH 890 59'
24" WEST A
DISTANCE OF 635.26 FEET;
THENCE NORTH 000 01' 10" EAST A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF PROSPECT ROAD, SAID POINT BEING POINT OF BEGINNING 2;
THENCE ALONG SAID NORTH LINE,NORTH 890 59' 24" WEST A DISTANCE OF 615.25
FEET;
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,12 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
THENCE DEPARTING SAID NORTH LINE,NORTH 01° 13' 48" EAST A DISTANCE OF
0.23 FEET;
THENCE NORTH 460 06' 09"WEST A DISTANCE OF 144.25 FEET;
THENCE NORTH 030 44' 47" WEST A DISTANCE OF 73.30 FEET;
THENCE NORTH 890 59' 00"WEST A DISTANCE OF 79.72 FEET;
THENCE SOUTH 250 01' 13"WEST A DISTANCE OF 105.03 FEET;
THENCE NORTH 890 51' 32" WEST A DISTANCE OF 325.13 FEET;
THENCE NORTH 830 51' 42"WEST A DISTANCE OF 487.44 FEET;
THENCE NORTH 050 41' 33" WEST A DISTANCE OF 144.79 FEET;
THENCE NORTH 220 11' 31" WEST A DISTANCE OF 483.55 FEET;
THENCE NORTH 150 29' 40"WEST A DISTANCE OF 220.16 FEET;
THENCE NORTH 000 11' 12" EAST A DISTANCE OF 415.63 FEET;
THENCE SOUTH 540 47' 42" EAST A DISTANCE OF 871.58 FEET;
THENCE SOUTH 670 51'42"EAST A DISTANCE OF 10 1.3 8 FEET;
THENCE SOUTH 840 58' 42" EAST A DISTANCE OF 552.56 FEET;
THENCE SOUTH 760 18' 42"EAST A DISTANCE OF 150.63 FEET;
THENCE SOUTH 540 57'42"EAST A DISTANCE OF 500.33 FEET;
THENCE SOUTH 000 01' 10" WEST A DISTANCE OF 438.93 FEET TO POINT OF
BEGINNING 2.
EXHIBIT C
Stormwater Plan
12
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,13 of 18,598.00
Tina Harris,Clerk&Recorder,Larimer County,CO
EXHIBIT D
As Built Survey
13
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,14 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
EXHIBIT E
After Recording Return to:
ASSIGNMENT OF RIGHTS AND OBLIGATIONS PURSUANT TO AGREEMENT AND
COVENANT TO ALLOW DISCHARGE OF STORMWATER
14
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,15 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
THIS ASSIGNMENT OF RIGHTS AND OBLIGATIONS PURSUANT TO
AGREEMENT AND COVENANT TO ALLOW DISCHARGE OF STORMWATER
("Assignment") is made and entered into this day of , 202_, by and between
PNE PROSPECT ROAD HOLDINGS, LLC, a Colorado limited liability company whose
address is whose address is 900 Castleton Road,Suite 118,Castle Rock, CO, 80109 ("Assignor");
and RUDOLPH FARMS METROPOLITAN DISTRICT NO. 6, whose address is 8390 E.
Crescent Parkway, Suite 300, Greenwood Village, CO, 80111 ("Assignee").
ASSIGNMENT
1. Assignor, Assignee, and the Cache La Poudre Reservoir Company ("CLPRC")entered
into the certain Agreement and Covenant to Allow Discharge of Stormwater into the Cache La
Poudre Inlet Canal on , 2024 ("Stormwater Discharge Agreement), attached
hereto as Exhibit A, whereby, among other rights and obligations, CLPRC agreed to allow the
discharge of developed stormwater from the Rudolph Farm subdivision into the Timnath Reservoir
Inlet Canal, in addition to the construction of certain stormwater detention and water quality
Improvements, as part of the development of the Rudolph Farm subdivision.
2. Assignee is assuming from Assignor all rights and responsibilities related to the
discharge of stormwater and the stormwater detention and water quality Improvements described
in the Stormwater Discharge Agreement.
3. By this Assignment, Assignor desires to assign all of its rights, title, obligations, and
interests pursuant to the Stormwater Discharge Agreement to Assignee, and Assignee desires to
accept all such rights, title, obligations, and interests pursuant to the Stormwater Discharge
Agreement.
NOW, THEREFORE, Assignor and Assignee agree as follows:
1. Assignment of Stormwater Discharge Agreement. Assignor, for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,does hereby grant,
bargain, sell, convey, assign, transfer, and set over to Assignee all of its rights, title, obligations,
and interests pursuant to the Stormwater Discharge Agreement.
2. Assumption. Assignee, for itself and its successors and assigns, does hereby
expressly accept and assume all of said rights, title, obligations, and interests pursuant to the
Stormwater Discharge Agreement and expressly agrees to perform and observe all of the terms,
conditions, covenants, obligations, and agreements contained in the Stormwater Discharge
Agreement.
3. CLPRC Approval. Pursuant to paragraph 7 of the Stormwater Discharge
Agreement, CLPRC must give written approval for the assignment of rights and responsibilities
under the Stormwater Discharge Agreement.By signature below,CLPRC confirms such approval.
4. Binding Effect. The Assignment of the Stormwater Discharge Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns, to the extent permitted by the Stormwater Discharge Agreement.
15
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,16 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
5. Counterparts. This Assignment may be executed in counterparts, together which
will constitute the complete Assignment.
5. Recording.Assignee shall ensure that this Assignment, including Exhibit A hereto,
is recorded with the office of the Larimer County Clerk and Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this ASSIGNMENT OF
RIGHTS AND OBLIGATIONS PURSUANT TO AGREEMENT AND COVENANT TO
ALLOW DISCHARGE OF STORMWATER as of the day and year first above written.
ASSIGNOR:
PNE PROSPECT ROAD HOLDINGS, LLC, a
Colorado limited liability company
By:
Printed Name:
Its:
The above and foregoing Agreement was acknowledged before me this day of
, 202_, by , as of PNE Prospect Road
Investments, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
MY commission expires: {SEAL}
ASSIGNEE:
RUDOLPH FARMS METROPOLITAN
DISTRICT NO. 6
By:
Printed Name:Michael Kleinman
16
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,17 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
Its: Secretary/Treasurer
The above and foregoing Agreement was acknowledged before me this day of
, 202_, by as of Rudolph Farms
Metropolitan District No. 6.
WITNESS my hand and official seal.
Notary Public
MY commission expires: {SEAL}
ACKNOWLEDGEMENT
STATE OF COLORADO )
) SS
COUNTY OF )
17
RECEPTION#20240054369, 12/18/2024 11:05:52 AM,18 of 18,S98.00
Tina Harris,Clerk&Recorder,Larimer County,CO
CACHE LA POUDRE RESERVOIR COMPANY
By:
Printed Name:
Its:
The above and foregoing Agreement was acknowledged before me this day of
202_, by as of
WITNESS my hand and official seal.
Notary Public
MY commission expires: {SEAL)
18