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HomeMy WebLinkAboutGEICO OFFICE BUILDING - PDP - PDP130039 - SUBMITTAL DOCUMENTS - ROUND 2 - DRAINAGE RELATED DOCUMENTTHE WARREN LAKE RESERVOIR COMPANY C/o Rosanna Harris 730 Ash Mesa Road Delta, Colorado 81416 (970)874-0189 Applicant Name: Steve Allen, LLC Mailing Address: 115 East Harmony Road, tort Collins, CO 80525 Description of Proposed Modification/Encroachment: Discharge of stormwater into Dixon Lateral Fees: Legal Fees for Agreement: $1,500.00 (Initial draft of'opplicable agreement) Engineering'Review of Plans: N/A Permit fee for 2014 600.00 TOTAL DUE $2,100.00 Please Note: Please provide In 8.5" x 11" formatplans that can be attached to the agreement as an exhibit. Approval of an application by The Warren Lake Reservoir Company in valid for up to one year (dependent on the season). Revisions to the agreement or plans will be subject to any additional legal and engineering fees. 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. STEVE ALLEN, LLC, a Colorado limited liability company l']'� STATE OF COLORADO ) ) ss. COUNTY OF LARIMER_) STEVE ALLEN, Manager The foregoing instrument was acknowledged before me this day of , 2014, by Steve Allen as manager of Steve Allen, LLC, a Colorado limited liability company. WITNESS my hand and official seal. Notary Public My commission expires: COMPANY: THE WARREN LAKE RESERVOIR COMPANY Jerry L .Garretson, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2014, by Jerry L .Garretson as President of The Warren Lake Reservoir Company. WITNESS my hand and official seal. Notary Public My commission expires: or any grant herein. This paragraph has no effect and shall not apply to warranties made by Landowner in paragraph 2 of this Agreement. 16. This Agreement and all the terms and conditions hereof shall extend to and be binding upon the successors and assigns of each of the parties hereto. This Agreement shall run with the land. 17. Landowner shall, at the time of submitting this Agreement to the Company for approval and signature, provide to the Company cash or a check payable to the Larimer County Clerk and Recorder in an amount sufficient to pay the cost of recording this Agreement with the Larimer County Clerk and Recorder. The installation of the Improvements shall not commence until this Agreement has been recorded. 18. 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: If to Company: If to Steve Allen, LLC: The Warren Lake Reservoir Company Steve Allen LLC, c/o Rosanna Harris, Secretary 115 E. Harmony Road, #110 730 Ash Mesa Road Fort Collins, Colorado 80525 Delta, Colorado 81416 Said notice to the Company shall not be effective unless a copy of any notice is also similarly mailed to the Company's registered agent as filed with the Colorado Secretary of State's Office. 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. {remainder of this page intentionally left blank) for obtaining, any such permit, authorization or similar approval, however, Company shall fully cooperate with Landowner in such process. In the event that any administrative, judicial or similar proceeding is brought against the Company, its officers, directors and employees due to the existence or nonexistence of any such permit, approval or similar authorization, Landowner shall indemnify the Company, its officers, directors, employees and shareholders from any liability or damages, and shall pay the Company's reasonable attorney fees and costs incurred in connection with any such proceeding. 12. In addition, Landowner hereby covenants and agrees: A. Landowner shall not install a fence, nor construct any building within the Premises unless written authorization is first received by the Company. B. Upon completion of the Improvements or other work performed by Landowner pursuant to this Agreement, Landowner, to the extent practicable, shall restore the Premises to its original state as nearly as reasonably possible; to at least equal to the condition it was in immediately prior to the date of this Agreement, except as necessarily modified to accommodate the Improvements and Detention Ponds. C. In the event the Improvements, or other work performed pursuant to this Agreement, causes settling in the Ditch, Landowner will upon notification from Company, immediately restore the Ditch to its original state as nearly as reasonably possible, to at least equal to the condition it was in immediately prior to the date of this Agreement, except as necessarily modified to accommodate the Improvements and Detention Ponds. D. Landowner will obtain from the Landowners who have fee simple title to the lands upon which the Ditch is located an easement or other written permission to cross said lands as necessary. E. Each party shall bear his, her, or its own costs of any legal services necessary in the preparation and implementation of this Agreement, except as previously agreed between the parties wherein Landowner agreed to reimburse Company for all reasonable engineering, legal and administrative costs incurred by the Company in preparing and approving this Agreement. 13. Landowner shall indemnify the Company, its officers, directors and employees, and the City, and forever hold it and them harmless from liability for damage or injury to the Company, its shareholders, the City and third persons resulting from this Agreement, its existence, or any construction, repair, use or operation in connection therewith. 14. 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. 15. This Agreement, and any grant by 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 at the time this Agreement is recorded. The Company makes absolutely no warranties, including warranties of title, in or by this Agreement put to by the Company's shareholders, now or in the future; and at a minimum such waters shall meet the then current local, state and federal water quality standards for point source discharges into a public waterway in which the waters ultimately may be discharged under the then applicable public waterways classification at such point of discharge. In any event, however, any drainage waters that enter the Ditch from the Property shall at all times be of a water quality that complies with the provisions of any lawful statute, regulation or ordinance of general applicability limiting, regulating or prescribing the quality of water that may be used for agricultural irrigation and any other use or uses that the waters may be put to by the shareholders now or in the future, including modifications thereof, and whether adopted by the State Engineer or any other local, state or federal governmental agency. Landowner may request from the Company a description of the uses to which the waters in the Ditch are put, but such request may be made not more than once per year. At least once per year, and at such other times as Company may reasonably request, Landowner (at Landowner's cost), will retain a qualified water quality expert (reasonably selected by the Company) to sample test (to the extent reasonably requested by Company) the drainage waters entering the Ditch from the Property, to ensure that the water quality standards recited herein are not violated. The results of such sampling and testing will be provided to the Company without cost. Landowner, its successors and assigns, shall forever hold the Company, its employees, officers and its directors and the City harmless from liability for damage to the Company shareholders, the City or third parties resulting from Landowner's failure to meet the water quality standards stated in this paragraph 11. Further, Landowner agrees that in the event any shareholder of the Company or third party brings suit against the Company, its officers, directors or employees or City, as a result of Landowner's violation of the water quality standards contained in this Agreement, Landowner, its successors and assigns, will indemnify the Company and its officers, directors, and employees and City for the cost to defend said suit and for any claim for damages to such shareholder or third party. A. In the event that Landowner violates the water quality standards recited in this paragraph 11, Landowner shall be liable to Company for actual damages incurred by the Company or for liquidated damages in the amount of $1,000.00 for each day of the violation, whichever is less. Annually, upon the anniversary date of this Agreement, the amount of liquidated damages shall increase by three percent (3%) to reflect inflation. B. Notwithstanding the provisions of Paragraph A above, Company may seek judicial or administrative relief or other appropriate remedies and damages. In the event that a court or governmental body requires or orders that the water discharged by Landowner into the Reservoir requires treatment to cure a violation, Landowner shall effectuate such treatment at its sole expense to meet the terms of this Agreement. C. In the event that a local, state or federal governmental agency or authority or any court of competent jurisdiction requires Company to obtain, or asserts that Company must obtain or was required to obtain, any permit, authorization, or similar approval to allow the Company to receive storm water pursuant to this Agreement, or for the Company to allow any installation, repair, maintenance or existence of the Improvements, then Landowner shall obtain such permit, authorization or similar approval on behalf of the Company. Company shall not be responsible whether repair or maintenance is necessary and whether an emergency exists shall be in the sole discretion of the Company. 8. In carrying out its rights and duties under this Agreement, Landowner will use all reasonable means to prevent any disturbance of the flow of water in the Ditch, unless permission in writing is first received from the Company for such disturbance. Landowner shall be responsible for any damages resulting from the unauthorized disturbance of flow of water through the Ditch caused by Landowner. Construction of the Improvements shall be completed within 120 days from commencement of construction, unless written consent by the Company for an extension is granted, and shall be accomplished during the non -irrigation season, unless otherwise agreed by the Company. 9. The Company reserves its full power to operate, maintain, alter, enlarge, relocate, clean and manage its Ditch and installations, but in so doing, shall use all reasonable means not to interfere with Landowner's use and enjoyment of the Improvements. In the event, however, that any such action on the part of the Company could reasonably be expected to affect Landowner, except in the event of emergency repairs, the Company agrees to give prior notice to Landowner and to reasonably cooperate with Landowner to avoid injuries or damages to the Improvements. In the event that the Company finds it necessary to perform emergency repairs to its Ditch or installations, either now or at any future time, the Company shall be wholly without liability for damages to Landowner as the result of the performance of said repairs, except as to such damage as may be caused by the negligence or misconduct of the Company, its contractors, agents or employees. Determination of whether an emergency exists shall be at the sole discretion of the Company. 10. Beginning in 2014, Landowner will pay to the Company on or before March 151h of each year an annual fee in perpetuity for the easements herein granted, which fee shall be either that amount annually assessed by the Company on one share of the WARREN LAKE RESERVOIR Company stock outstanding or $600.00, whichever is greater. The fee for 2014 is $600.00 and shall be due on or before thirty (30) days from the date of this Agreement. In the event that the annual fee required under this paragraph is not timely paid, in addition to other remedies provided in this Agreement, Landowner will be pay late fees and interest as then charged by the Company to a shareholder who is delinquent on payment of his or her assessment until paid. 11. Landowner shall ensure that appropriate and effective permanent water cleansing practices, techniques and apparatuses are installed and utilized, designed to effectively clean any waters to be drained into the Ditch under this Agreement. Landowner shall ensure that all water quality practices, techniques and apparatuses that cleanse the drainage water arising on the Property are properly and effectively working at all times, and Landowner shall annually maintain and inspect such practices, techniques and apparatuses. At a minimum any water contemplated by this Agreement to drain through or from the Improvements into the Ditch shall at all times be suitable for agricultural use, including the watering of livestock, be non -hazardous to humans, be non -malodorous and otherwise suitable for its historic uses, and shall be suitable for any other use or uses that the waters may be The above Recitals are incorporated herein as if fully set forth. 2. Landowner warrants that it is the sole owner of the Landowner's Tract and that Landowner will remain the sole owner until this Agreement is recorded in Larimer County. 3. Company grants to Landowner a temporary easement for the construction and installation of the Improvements (the "Construction Easement"). The Company also grants to Landowner a license to allow storm water and drainage water, restricted to the amounts and from the sources historically discharging in to the Ditch, and to the locations as shown in the "Construction Plans for the Building as finally approved by the City (the "Construction Plans") to be discharged into the Ditch (the "Storm Water Discharge"). The Construction Easement and the Storm Water Discharge are collectively referred to herein as the "Premises". The rights and easements granted herein shall include the right of ingress and egress over and across the Premises, as depicted on the Construction Plans, for purposes of construction and installation of the Improvements. Subject to the terms and conditions set forth in this Agreement, Company agrees to allow the historical storm water flows and drainage from the Building to the Ditch, so long as such water discharge complies with the terms and conditions set forth in this Agreement, including but not limited to the water quality standards and conditions described in paragraph 11 herein. 4. Landowner will construct the Improvements at its sole expense in accordance with the Construction Plans, which have been designed by a Colorado -licensed, professional engineer and which shall in all respects conform to City storm water and drainage water requirements. 5. Prior to the commencement of any construction, maintenance or repair of the Improvements, Landowner shall submit to the Company for its written. approval detailed plans for such work. No construction on the Improvements will be permitted until the Company has approved the plans. The Company represents that it has reviewed and approved the current plans dated December 23, 2013. 6. Landowner shall notify the Company at least 48 hours prior to the start of construction of, modifications or repairs to the Improvements, so that the Company may supervise and inspect the work as it deems necessary. In the event the Company deems it necessary to retain an engineer for supervision of Landowner's work on the Improvements, Landowner shall be responsible for the reasonable fees and costs of such engineer. 7. Landowner shall be solely responsible for all costs associated with the construction, maintenance, repair and replacement of the Improvements. In the event, however, that any sum is reasonably expended by the Company for emergency repair or maintenance of the Improvements, Landowner shall reimburse the Company for such expense. In the event that the Company finds it necessary to make emergency repairs to the Improvements, the Company shall be without liability for damage to Landowner, except as to such damage as may be caused by gross negligence or wanton and willful misconduct of the Company. Determination of AGREEMENT TO ALLOW DISCHARGE OF DRAINAGE WATER INTO THE DIXON CANYON LATERAL THIS AGREEMENT is made and entered into this day of March, 2014, by and between THE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation company (hereinafter the "Company") and STEVE ALLEN, LLC, a Colorado limited liability company, whose address is 115 E. Harmony Road, #110, Colorado 80525 ("Landowner"). RECITALS WHEREAS, Company is the operator of a Ditch or ditch known as the Dixon Canyon Lateral (hereinafter called the "Canal"). The Ditch transports water and a portion of the Ditch exists and travels over a tract of land currently owned by Landowner. The tract of land owned by Landowner is the proposed building site of the Geico Office Building (hereinafter "Building") on a parcel of land, generally described as approximately 0.55 acres being that part of the SW '/4 of Section 31, Township 7 North, Range 68 West of the 61h P.M., Larimer County, Colorado, and more particularly described on the attached Exhibit A, which is incorporated herein by this reference (hereinafter called "Landowner's Tract"); and WHEREAS, as a condition of a approval of the development by the City of Fort Collins ("City"), Landowner is required to acquire permission to discharge storm water runoff from the Building into the Ditch; and WHEREAS, Landowner desires to construct and install storm drainage improvements and related appurtenances as required by the City of Fort Collins and as contained in the final approved drainage plan and construction plans for the Building (the "Improvements"), including but not limited to the following: landscaped swales, a system of permeable pavers, proposed storm drain, and a 10' rip rap erosion control mat on the opposite side of the ditch; and WHEREAS, the Improvements are shown on the construction plans and final drainage report for the Building as approved by the City as part of the final Building process; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions for the grant of a license to Landowner for the discharge of storm water runoff from the Building into the Ditch, and for a temporary easement for construction the necessary storm water drainage Improvements. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged by the Company and the Landowner, the parties mutually agree as follows: