HomeMy WebLinkAboutD W BROAM - Filed OA-OTHER AGREEMENTS - 2003-07-31RRMORANDUM OF AGREEME T
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
THIS AGREEMENT, made and entered into this 14th day
of Octobar
A. D. 19 65 , by and bewtween THE CITY OF FORT
C011INS, a muydcipal scrporztion, hereinafter designated as first party,
and Ralph N & Geraldine Anderson
Hereinafter designated as second party, WI'TNESSETH:
WHEREIS, co=nd party has heretofore submitted a subdivision
plat of the sdo,^0loion to be known as D. W. Broam Subdivision
For npPrOVal by t'_,e Mtani.cipal Planning and Zoning Board and
the City Council of the City of Fort Collinz, and
W?ER.D09 Bald E'<!?r; r.=.sirn plat is a ^aptable to first party
and first party's Plar--Ong and Zoning Board, subject to construction of
utilities in the area to be c0divided,
NOW, THEREFORE., in consideration of the premises and the terms
of this agreenent., it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is heresy appro 7e&
2. In 0crsi: cra': icn of the approval of said plat by first
party, and first parf7ls Flnnni.ng and Zoning Board, second party agrees
as follows
(A.) T c to first party the following detailed
improvement plinn, c -`,'- e to the first party:
(1) A r' ,n. -f the proposed water distribution system
including the cc L e t;.;gig r.77c>".'i ss to the points of connection to the
first party°s e,:_st_:,g .-z er distribution system and showing all valves
and fire hfdrantc.
(2) Flani and profiles of the proposed sanitary sewer
system ir_cludir.g W2 ma nioles and connections to the first party's
existing sanitary sewer sy:7tem.
(0) A p2 n of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution Fyotgn a7n including all street lights.
Plans
and profiles
of all street improvements.
Plan;
and profiles
of the proposed street drainage
system showing t1a coy neiti ins to the first party's storm sewer system
effective and binding upon the ditch company until satisfactory
completion of this inspection and approval by the engineers and
payment of the additional reasonable charges of the engineers
for making such inspection, including travel to and from the
project.
5. The construction herein contemplated shall be in strict
accordance with the final set of plans set forth in Exhibit "A".
Any excavation or changes in the present ditch where concrete is
not provided for, shall be backfilled, compacted and stabilized
to the entire satisfaction of the ditch company. All compaction
for dikes shall be done at ninety-five (95%) percent standard
Proctor density. The dikes shall be in conformance with the plans
for construction of the detention pond. Said work shall further
be done only after notification given to the Superintendent or
other designated agents of the ditch company.
6. All construction shall be commenced and completed at
such times as shall not interfere with the regular flow of water
of the ditch company during the irrigation season.
7. Upon the completion of the project, the applicant shall
promptly notify the ditch company and the City; and the parties
shall jointly inspect the project. If there are any deficiencies
in the work of the applicant or other variations from the plans
set forth in Exhibit "A", the applicant shall forthwith remedy
the same; and in doing so, the applicant shall meet all reasonable
requirements of the ditch company for the protection of its ditch
capacity and surrounding property and meet all reasonable requirements
of the City.
8. It is understood and agreed that the problem of water
quality and responsibility and liability therefor is not determined
by this agreement.
9. Upon the completion and acceptance, as provided in
paragraph "7." above, applicant and the City shall jointly and
severally maintain said catch basin for the protection of ditch
company and do all things necessary and reasonable to protect
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the ditch and keep the catch basin in workable order and good
condition.
10. The project shall be without cost to the ditch company,
and the applicant hereby indemnifies and forever holds the ditch
company harmless from liability for damages caused by the project.
11. 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.
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 executed the day and year first above written.
DICK GOULD, INC.,
(SEAL) a Colorado corporation,
ATTEST: B
President
e:
(SEAL)
ATTEST:
William C. Stover, Secretary
(SEAL)
ATTEST:
Title:
STATE OF COLORADO )
ss.
County of Larimer )
THE LARIMER COUNTY CANAL NO. 2
IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
y/.
B
,Glen A. Johzfs n� , President
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
By:
Title:
The above and foregoing instrument Was acknowledged before
me this {f[ day of % - 1979, by
as,Presidert, and attested to by as
�.�
of DICK GOULD, INC., a Colorado corporation.
Witness my hand and off.i-cial seal.
My commission expires:
(SEAL)
Notary Pdblic
-4-
STATE OF COLORADO )
) ss.
County of Larimer )
The above and foregoing, instrument was acknowledged before
me this--`_'da.y of , 1979, by GLEN A. JOHNSON, as
President, and attested to by V7ILLIAM C. STOVER, as Secretary,
of THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado
mutual irrigation corporation.
Witness my hand and official seal.
My commission expires)+�i °g.)
(SEAL)
Notary Public
STATE OF COLORADO )
) ss.
County of Larimer )
The above and foregoing instrument was acknowledged before
me this day of , 1979, by ,
as , and attested to by as
, of THE CITY OF FORT COLLINS, COLORADO, a municip=
corporation.
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public
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ana in_cluC '..g all storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Mem (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
hater mains, sanitary sewer maim or storm sewer mains to be constructed
W thin the subdivision than would be required by standard engineering
p-actices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort ColUns will pay a portion of
t' a cost of such enlarged facility Wei on pnorati on of the cost of the
iacaJ.ity act, —,ally constructed v.1 the c0_.ated coot f cucz faci
lity as
sown on thti cubdivider °s a.pprc.-nd plan, Su h prorati cn of costs between
the City of Fort Collins and tke sobdivider shall be determined in advance
of cannt,ruction by the City EnZineer aryd in the event of any dispute this
rattnr shall be submitted to the City Council for final determination.
IN IT ESS WH OTj fi rot party has caused these presents to
Ve siCned by its Mayor and its corporate seal to be heret ^^ ttest
to by ita City Clerk, purzuart to motion of the Council of the City of
Col, , ; dated the 7th
day of October
A. Da, '9 65 , and second pasty has hereto set his hand and seal the day
and year first hereinabove written.
.r.,i EST
APPROVED
City Enginebr
THE CITY OF FORT COLLIUS .
A Municipal Corporation
By /J/l GL�C/
or
Party
57 P / 1) e, k2z�
L)
econd Party
A G R E E M E N T
THIS AGREEMENT is made and entered into this 2�_� day of
1979, by and between
DICK GOULD, INC.,
a Colorado corporation,
hereinafter designated as the "applicant", and
THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "ditch company", and
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
hereinafter designated as "City".
PROJECT:
Construction of a catch basin in connection with the
redevelopment of a subdivision known as D. W. Broam Subdivision,
located on Westview Avenue in said Broam Subdivision, in the City
of Fort Collins, County of Larimer, State of Colorado;
WITNESSETH:
i:,. ..1,
$, h�..*-tch company is the owner of an irrigation
ditch and tha riote4-!-way therefor; and applicant desires to
develop a liub¢,vi*i'ott-known as Broam Subdivision, and in connection
therewith, must provide for the orderly runoff and drainage of
t
storm waters therefrom; and
WHEREAS, attached hereto, as the exhibits listed below, are
the plans showing the location, capacity, construction and other
details for a catch basin and the manner, amount and method
of discharge into the ditch company's ditch:
Exhibit "A" - consisting of one sheet, are the plans and
specifications for the catch basin;
Exhibit = - letter of explanation, dated August 24, 1978,
from James H. Stewart & Associates, Inc. to
ditch company;
Exhibit "C" - historic runoff data, dated August 24, 1978,
prepared by James H..Stewart & Associates, Inc.
WHEREAS, said Exhibits set forth all of the,plans and
specifications and terms of this grant, and shall in no way be
I
modified and changed by any subsequent or related plans or materials
not included therein,: unless agreed to by all of the parties hereto;
and
WHEREAS, the ditch company is willing to grant to applicant
the right to construct said catch basin and related facilities
upon terms and conditions hereinafter set forth; and
WHEREAS, City is willing, upon the completion thereof in
accordance with said Exhibits, to assume the future maintenance
hereinafter referred to;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as follows:
1. Ditch company grants unto applicant the right to
construct said'. catch basin and related facilities for drainage
into the existing ditch of the ditch company and further grants
unto applicant., and eventually the City, 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 has paid the ditch company a permit fee in
the amount of Three Hundred and No/100 ($300.00) 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-of-way
shall exceed the above sum, applicant shall pay such additional
reasonable and necessary expenses of the ditch company for legal
and engineering services and time directly involved by ditch
company's President or Superintendent.
4. Applicant will, upon the completion of the project,
furnish to ditch company and City an "as built" exhibit further
supplementing in final form the work described in Exhibit "A".
APPLICANT SHALL ALSO PAY ditch company's reasonable expenses
incurred in having its engineers makes physical examination
of the completed project to determine its compliance with the
plans, specifications and modifications as in said exhibit. The
grant by the ditch company of rights hereunder shall not be
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effective and binding upon the ditch company: until satisfactory
completion of this inspection and approval by the engineers and
payment of the additional reasonable charges of the engineers
for making such inspection, including travel to and from the
project.
5. The construction herein contemplated shall be in strict
accordance with the final set of plans set forth in Exhibit "A".
Any excavation or changes in the present ditch where concrete is
not provided .for, shall be backfilled, compacted and stabilized
to the entire satisfaction of the ditch company. All compaction
for dikes shall be done at ninety-five (95%) percent standard
Proctor density. The dikes shall be in conformance with the plans
for construction of the detention pond. Said work shall .further
be done only after notification given to the Superintendent or
other designated agents of the ditch company.
6. All. construction shall be commenced and completed at
such times as shall not interfere with the regular flow of water
of the ditch company during the irrigation season.
7. Upon the completion of the project, the applicant shall
promptly notify the ditch company and the City; and the parties
shall jointly inspect the project. If there are any deficiencies
in the work of the applicant or other variations from the plans
set forth in Exhibit "A", theapplicantshall forthwith remedy
the same; and in doing so, the applicant shall meet all reasonable
requirements of the ditch company for the protection of its ditch
capacity and surrounding property and meet all reasonable requirements
of the City.
B. It is understood and agreed that the problem of water
quality and responsibility and liability therefor is not determined
by this agreement.
9. Upon the completion and acceptance, as provided in
paragraph "7." above, applicant and the City shall jointly and
severally maintain said catch basin for the protection of ditch
company and do all things necessary and reasonable to protect
-3-
the ditch and keep the catch basin in workable order and good
condition.
10. The project shall be without cost to the ditch company,
and the applicant hereby indemnifies and forever holds the ditch
company harmless from liability for damages caused by the project.
11. 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.
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 executed the day and year first above written.
DICK GOULD, INC.,
(SEAL) a Color o corporat' n,
ATTEST: By:
PIresident
Title:
.�: L
(SEAL)
ATTEST:
William C. der, Secretary
( SEAL )
ATTEST:
Title:
STATE OF COLORADO )
ss.
County of Larimer )
THE LARIMER COUNTY CANAL NO. 2
IRRIGATING COMPANY,
a C;en
or o mutual irrigation corporation,
By:
A. To
s n, President
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
By:
Title:
The above an foregoing instrument as acknowledged before
/�
me this :'��da;t of z , 19 , by - �. ,
17
as President, and teste to y ;� , as
? , o DICK GOULD, INC., a Co ora o corporation.
Witness my hand and of ial seal.
My commission expires: y y
i .
( SEAL )
tary is
STATE OF COLORADO )
ss.
County of Larimer )
The above and foregoing instrument was acknowledged before
me this � day of , 1979, by GLEN A. JOHNSON, as
President, and atteste to by WILLIAM C. STOVER, as Secretary,
of THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado
mutual irrigation corporation.
Witness my hand and official seal.
My commission expires:My C� ^�i� i� � ':. c F �:-, er 29, 19M.
(SEAL)
Notary Public
STATE OF COLORADO )
ss.
County of Larimer )
The above and foregoing instrument was acknowledged before
me this day of , 1979, by ,
as , an -attested by as
of THE CITY OF FORT COLLINS, COLORADO, a municip=
corporation.
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public
R E E M E N T
THIS AGREEMENT is made and entered into this „"A day of
1979, by and between
DICK COULD, INC.,
a Colorado corporation,
hereinafter designated as the "applicant", and
TITE LARIMER COUNTY CAI4AL NO. 2 IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "ditch Company", and
TIIE^ CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
hereinafter designated as "City".
PROJECT:
Construction of a catch basin in connection with the
redevelopment of a subdivision known as D. W. Broam Subdivision,
lrrcated on Westvieo: Avenue in, said Bream Subdi-vision, in the City
oiT7crt Collins, County of Larimer, State of Colorado;
WITNESSETH:
WHFRIsAS, the ditch company is the owner of an irrigation.
ditch r.nd:j the right-of-way therefor; and applicant desires to
develop a subdivision known as Bream F,ubdivisior, and 1-nconnection
therewith, must prcvi.de for the orderly runoff and drainat;,e of
storm waters therefrarr,; and
WHEREAS, attacled hereto, as the exhibits listed below, are
liars >.hcwinq the: ocaticn, c.aP:acity, construction and ether
Retails for _ :zt;r;r t,a;.i± and tht manner, amount and method
c. c;ia;charge into the ditch company's ditch,
FxTAi,i.t,"T" - consisting of one sheet, are the plans and
for the catch banin;
T::'xhibit "L" - letter cf explanation, gated August 24, 1978,
frt� �'arae^ TI. S r�Fai•t w Asscczates, In•.-. +:c
d.i tcI-, ec-,r
Exhibit "C"' - I.istoric runcfi data, dated August 24, 7978,
by .7,Zt IT. >rewart Asscui:°tee>, Inc.
WHEREAS. saics Exkiibits set forth all of the plans and
spciclficatlon^ ani: teri.l,s cf thj'i gr*, nt, and shall it no wily be
modified and changed by any subsequent or related plans or materials
not included therein, unless agreed to by all of the parties hereto;
and
WHEREAS, the ditch company is willing to grant to applicant
the right to construct said catch basin and related facilities
upon terms and conditions hereinafter set forth; and
WHEREAS, City is willing, upon the completion thereof in
accordance with said Exhibits, to assume the future maintenance
hereinafter referred to;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as follows:
1. Ditch company grants unto applicant the right to
construct said catch basin and related facilities for drainage
into the existing ditch of the ditch company and further grants
unto applicant., and eventually the City, 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 has paid the ditch company a permit fee in
the amount of Three Hundred and No/100 ($300.00) 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-of-way
shall exceed the above sum, applicant shall pay such additional
reasonable and necessary expenses of the ditch company for legal
and engineering services and time directly involved by ditch
company's President or Superintendent.
4. Applicant will, upon the completion of the project,
furnish to ditch company and City an "as built" exhibit further
supplementing in final form the work described in Exhibit "A".
APPLICANT SHALL ALSO PAY ditch company's reasonable expenses
incurred in having its engineers make a physical examination
of the completed project to determine its compliance with the
plans, specifications and modifications as in said exhibit. The
grant by the ditch company of rights hereunder shall not be
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