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HomeMy WebLinkAboutCOLLINDALE GOLF COURSE - Filed OA-OTHER AGREEMENTS - 2002-12-18RCPTN # 86032481 06/1ji86 15:05:07 # OF PAGES 6 FEE - $32.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. STATE DOC. FEE- $.00 A G R E E M E N T THIS AGREEMENT is made and entered into this 31fl day of [March, 1986, by and between The City of Fort Collins, Colorado, a Municipal Corporation, hereinafter referred to as "applicant", and TIIE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation company, hereinafter referred to as "ditch company." PROJECT Construction of a storm sewer pipe as same crosses ditch company's ditch, in the City of Fort Collins, County of .Larirner, State of Colorado. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through the Collindale Golf Course being land located in the North 1/2 of Section 31, Township 7 North, Range 68 West of the 6th p.iir., in the City of Fort Collins, County of Larimer, State of Colorado; and WHEREAS, applicant desires to construct and install a 15" reinforced concrete storm sewer pipe under ditch company's ditch approximately 685 feet East of the Southwest property corner of said Collindale Golf Course and approximately 45 feet North of the South property line of said golf course as further described and detailed in the exhibits attached hereto and made a part hereof by reference; and WHEREAS, attached hereto as Exhibit "A", dated March 17, 1986, (consisting of two (2) sheets) are detailed plans of such construction showing the location of such storm sewer line as same will cross the ditch of ditch company and the .Wanner in which such sewer line will be constructed and installed. WHEREAS, said Exhibit "A" sets forth all of the plans and specifications, and the terias of this grant 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 terius 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 construct, install and maintain the above described storm sewer line, as shown in Exhibit "A" under the existing ditch of ditch company, and further grants unto the applicant the right for 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 will, upon the completion of the project, furnish to ditch company an "as built" exhibit further supplementing in final form the work described in Exhibit "A". 3. Applicant has paid to ditch company an application fee in the amount of Three Hundred Dollars ($300.00) for the grant of this right-of-way. This shall be determined a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or directors; review of the application; and other preliminary matters. In addition thereto, applicant agrees to pay 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/or superintendent until final approval of the project. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A". Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satisfaction of the ditch company. All compaction for dikes shall be done to ninety-five (95%) percent standard Proctor den- sity. The dikes shall be in conformance with the plans for construction of the storm sewer line. Said work shall further be done under the supervision of the superintendent or other designated agents of the ditch company. 5. All construction shall be commenced and completed prior to April 15, 1986 and applicant agrees said construction shall in no way interupt or impede the flow of water. -2- 3 6. 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 Exhibit "A", the applicant shall forthwith remedy the saute and in so doing, the applicant shall meet all reasonable requirements of the ditch company for the protection of the ditch and surrounding property. 7. It is the intent of this agreement that applicant exercise care in the construction of said crossing. 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 or structure. 8. The parties hereto recognize that because of the construc- tion of the City's project upon ditch company property, there is increased opportunity for claims to be made by third parties against the City and the ditch company. To the extent that the company's risks or obligations are increased because of the City's location of its project upon ditch company property, the City shall defend, indemnify and hold the ditch company harmless therefrom. 9. The ditch company shall have full power to operate, main- tian, 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. 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 incurred by the enforcing party, including but not limited to docket fees, depositions and reasonable attorney's fees. 11. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Lar_itaer County, Colorado, and furnish evidence of such recording to the ditch company. -3- L1 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. (SEAL) ATTEST: inLllq�' Clerk STATE OF COLORADO ) ss. County of Larimer ) THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, By:�'Y Title: Th+erjvy% Cil y Ma -,lager APPROVED: `- n City Attorney The above and foregoing agreement was acknowledged before me this 31U+ day of March, 1986 by Rich stlaylhoy► as Zn per; Ci'+y MGh4�r and attested to by hd M, r 'ic as i+ 1erx, of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. Witness my hand and official seal. My Commission Expires: (SEAL) (SEAL) ATTEST: width W. Ewegen, Fist. Secretary STATE OF COLORADO ) ss. County of Larimer ) Notary Public THE WARREN LAKE RESERVOIR COMPANY, a Colorado zffltual irrigation company, � r By: r' c Ron R ff, P esident The above and foregoing agreement was acknowledged before me this 5'/,;..7`day of March, 1986, by Ron Ruff, as President, and attested to by Judith W. Ewegen, as Asst. Secretary, of THE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation com- pany. Witness my hand and official seal. My Commission Expires: �' } (SEAL) Notary "blic i -4- RCPTN # 86032483 06/19/86 15:06:50 # OF PAGES - 5 FEE - $15.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. STATE DOC. FEE- $.00 A G R E E M E N T THIS AGREEMENT is made and entered into this II-tk day of April, 1985, by and between The City of Fort Collins, hereinafter referred to as "applicar�t", and The Warren Lake Reservoir Company, a Colorado mutual irrigation company, hereinafter referred to as "ditch company." PROJECT Construction of two culverts through company's ditches, in the City of Fort Collins, County of Larimer, State of Colorado; consisting of one 60" CMP pipe, approximately 224 feet in length through the Outlet Ditch of Warren Lake Reservoir; and one 72" x 44" CMP pipe approximately 160 feet in length through the Dixon Lateral Ditch; and the removal and replacement of the measuring weir of the Warren Lake Outlet Ditch; and the construction of a 20" water line under both ditches; all as shown on the Exhibit. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through land located in the Northwest Quarter (NW1/4) of Section 31, Township 7 North, Range 68 West of the 6th P.M., in the City of Fort Collins, County of Larimer, State of Colorado; and WHEREAS, applicant desires to construct and install two culverts through company's ditch at the location above described and further detailed in the exhibits attached hereto and made a part hereof by reference and move a measuring weir; and WHEREAS, attached hereto as Exhibit "A", dated March, 1985, (consisting of five (5) sheets) are detailed plans of such construction showing the location of such culverts and the weir as same will be located in the ditches of ditch company and the manner in which such culverts and weir will be constructed and installed. WHEREAS, said Exhibit "A" sets forth all of the plans and specifications, and the terms of this grant, which shall be in no way be 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 terms 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 construct, install and maintain the above described culverts as shown in Exhibit "A", through the existing ditches of ditch company, and further grants unto the applicant the right for 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 will, upon the completion of the project, furnish to ditch company an "as built" exhibit further supplementing in final form the work described in Exhibit "A". 3. Applicant has paid to ditch company an application fee in the amount of Two Hundred Fifty and no/100th Dollars ($250.00) for the grant of this right-of-way. This shall be determined a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or directors; review of the application; and other preliminary matters. In opm addition thereto, applicant agrees to pay such additional reaso- nable and necessary expenses of the ditch company for legal ser- vices and inspection of the works by the ditch company's President, engineers and/or superintendent until final approval of the project. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A". Any excavations or changes in the present ditch shall be backilled, compacted and stabilized to the entire satis- faction of the ditch company. All compaction for dikes shall be done for ninety-five percent (95%) standard Proctor density. The dikes shall be in conformance with the plans for construction of the culverts and the weir. Said work shall further be done under the supervision of the superintendent or other designated agents of the ditch company. 5. The removal and replacement of the measuring weir shall be at the sole expense of applicant. 6. All construction shall be commenced and completed prior to May 1, 1985 and applicant agrees said construction shall in no way interupt or impede the flow of water. However, should there be a legal call for water prior to May 1, 1985, the ditch company reserves the right to flow water in the ditches to fulfill such legal call for irrigation water. 7. 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 Exhibit "A", the applicant shall forthwith remedy the same and in so doing, the applicant shall meet all reasonable requirements of the ditch company for the protection of the ditch and surrounding property. -3- k� 8. It is the intent of this agreement that applicant exercise care in the construction of said crossing. 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 or structure. 9. The parties hereto recognize that because of the construc- tion of the City's project upon ditch company property, there is increased opportunity for claims to be made by third parties against the City and the ditch company. To the extent that the company's risks or obligations are increased because of the City's location of its project upon ditch company property, the City shall defend, indemnify and hold the ditch company harmless therefrom. 10. The ditch company shall have full power to operate, main- tian, 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. 11. 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 incurred by the enforcing party, including but not limited to docket fees, depositions and reasonable attorney's fees. 12. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Larimer County, Colorado and furnish evidence of such recording to the ditch company. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. -4- 5 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. (SEAL) ATTEST: Title City Clerk STATE OF COLORADO ) ss. County of Larimer ) THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, r >' By: Title: Deputy City Manager Appro As To Form; itkI The above and foregoing agreement was acknowledged before me this llth day of April, 1985, by Rich Shannon as Deputy City Manager and attested to by Wanda M. Krajicek as City Clerk , of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. Witness my hand and official seal. My Commission Expires: (SEAL) (SEAL) ATTEST: William C. Saver, Secretary STATE OF COLORADO ) ss. County of Larimer ) Notary Public a ((C� THE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation company, By: L7E J President The above and foregoing agreement was acknowledged before me this I'.Ltday of April, 1985, by Charles Webster, as President, and attested to by William C. Stover, as Secretary, of THE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation company. Witness my hand and official seal.? My Commission Expires: Z! J / (SEAL) Notary Public - 5-