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Home My WebLink AboutGOODWILL INDUSTRIES OF DENVER - Filed OA-OTHER AGREEMENTS - 2007-11-28No.0797 P. 5 Letter of Intent to Grant Easement and Right -of -Way The Owner, GS 92.2 Pavilion LLC, agrees to grant the necessary easements and rights -of way along Pavilion Lane, Fort Collins, Colorado, required for the extension of Pavilion Lane to JFK Parkway and the necessary easements along the King Soopers service drive required for an access drive from the Goodwill parking lot. This Letter of Intent to grant easement and right-of-way shall be considered a binding agreement until the final Grant of Easement and Rights -of -Way Is written and recorded. Accepted this 3 day of J , 2004 By Goodwill Industries of Denver 6850 N. Federal Blvd. Denver, Co 80221 Accepted this 2� _1k day of U 2004 By _&" olnn a_) f h . �/J ��dl�� As anent f or : GS 92.2�on LLC�— AGREEMENT i THIS AGREEMENT is made and entered Into this byandbetween THECITYOFFORTCOLL/NS, COLORAD�day of referred to as `Applicant-. and THE munici p ?OOq� COMPANY, a Colorado mutual /rrlgatlon c m RIMER COUNTY C cor oration hsre/naf((er, P y herelnafterref redtoasOD/tchComAnING Company,. PROJECT DESCRIPTION proposed The extensioneto ofsa box culvert under Pavilion Lane. Alignment to accommodate the t withthe same est cross-section there will be an extension of the existing concrete box culvert with size, shape and slope as the existing concrete box culvert. W/TNESSETH.• WHEREAS, the Ditch Company is the owner of an irrigation ditch and the light -of- therefor through /and as shown on the Exhibits attached hereto and made a reference; andeof b y part hereof by WHEREAS, Applicant desires to extend the existing box culvert under with al/ construction items as detailed in the Exhibits attached hereto and made a by reference, and Pavi/ion Lane part hereof WHEREAS, the attached Exhibits set forth a// the Plans and s Of this grant, and shaf/be in no way modified o changed b or materials not included therein; and Pecient or r and terms y any subsequent or related plan WHEREAS, the Ditch Compan y is wi//Ing tor grant to Applicant th/s right u and conditions hereinafter expressed, 9 parr the terms NOW, THEREFORE, / Agreement, /t is agreedn consideration of the premises and the terms of the within , as follows: �• The Ditch Com maintain the above extension pany grants unto as PP/icant described in the attached Exh/b/� and further grants unto the ApPlIcante the ri ht to construct instal/ and necessary for the the exerciseright Of rof the ghts granted herein. ess and egress to a part its ditch as shall be reasonabland 1• The construction shall be /n strict conformity with Plans re Industries of Denver by Nolte Associates, inc. and with construction Performed. or guaranteed by Goodwill Industries, who is and with Agreement. e pared for Goodwi// oncurrent attached hereto and made a signatory to this Agreement.e+varranted with the execution hereof, aka hereof. Applicant shalt pay to Ditch Company, plans are Pp/ication fee in the amount o Nine Hundred Fifty Dollars such as egal work, nine andmotor vehicles fomuse b/ Yment to coverprellmina ry Of the application; and other Preliminary y superintendent and/or directors; review Y 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, up to a maximum additional amount of Two Thousand Dollars ($2,000.001. 3. The construction herein contemplated shall be in strict accordance with the final set of plans with any modiflcat/ons set forth in the Exhibits attached and Initialed by the parties hereto. Any excavations or changes In the present ditch because of the construction shall be backfilled, with native soil, compacted and stabilized to the entire satisfaction of the Ditch Company. All compaction forbanks shall be done to ninety-ffve {95%j standard Proctor density. The banks shall be in conformance with their present condition. Said work shall further be coordinated with the Ditch Company so that it may be constructed under the supervision of the superintendent or other designated agents of the Ditch Company at their option. �� 4. All con ruction sha#be completed promptly after construction has commenced. The period of time or construction shall be reasonably satisfactory to the Ditch Company .�._` President, but all ork that could affect the flow of water in the Ditch shall be completed prior /Ag� -Q ps April 15, . These periods are mandatory, except as maybe extended by the President of the Ditch Company or other duly authorized representative of the Ditch Company, and said construction shallin no wayinterrupt, Impede orinterfere with the flow of irrigation water, nor shall such construction adversely affect the quality of the water. A// 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 shallpromptly notify the Ditch Company, and the parties shalljointly 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 Exhibits, the Applicant shall forthwith remedy the same. /n so doing, the Applicant shall meet all reasonable requirements of the Ditch Company for the protection of the ditch and surrounding property, comparable to conditions prior to the construction of the project. 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 unless due to the neg/igence or willful misconduct of the Ditch Company. 7. The project shal/be without cost to the Ditch Company, and the Applicant shall herebyindemnify and foreverhold the Ditch Company harmless to the extent permitted bylaw and the charter of the City of Fort Collins for liability for damages caused by Applicant's construction of the project. 8. The Ditch Company shall have fu// 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. 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 2 Of said Ilt/get/on 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 bs executed the day and year first hera/nabove written. THE CITY OF FORT COLLINS, A MUNICIPAL COR'POI By: City Manager 5 LAR/MER COUNTY CANAL NO. 2 (GATING COMPANY, Colorado mutual irrigation company ✓ n L. Strachan, President ACCEPTANCE OF TERMS The undersigned, Goodwill industries of Denver agrees to the above and foregoing terms and warrants that the culvert extension will be built in strict conformance with the plans and specifications of this Agreement. GOODWILL INDUSTRIES OF DENVER BY.• , Tit/a 3 (�Lr, u6puiy Cfy Attern$y STATE OF COLORADO ss. COUNTY OF LARIMER *Unicipralecorporea abovandforegoingAgreement was acknow/edged before me this day of 2006, by DarinAtteberryas City Manager, and attested to byas CityClerofthe City of Fort Co//ins Colorado., a n. WITNESS my hand and official seal. 6 C7VN1 .. mission expires: PUBLIC r wy1 �L lY :O Notary Pub/ic STATE OF COL ORADO J J ss. COUNTY OF LAR/MER J The above and fego/ng Agreement was acknowledged before me this of 200 , by John L. Slrachan as President and attested to by Gene E. Fischer as Secretary of The arimer County Cana/ No. 2 Irrigating Company, a Colorado mutual irrigation company. WITNESS my hand and official seal. MY commission expires: ,/r - , -- / % No ary Public !3