HomeMy WebLinkAboutSOUTHRIDGE GREEN PUS - Filed OA-OTHER AGREEMENTS - 2011-12-0992235 POIII
524921
COUNTY OF LARIMER
M83 SEP - I FM 12: 31
1%0 STATE OF COLORS DO
NOTICE
Please take notice that on March 22, 1982, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Master -Plan of the
planned unit development known as Southridge Greens, which development
was submitted and processed in accordance with Section 118-83 of the Code
of the City of Fort Collins. The Master Plan out of which accrue certain
rights and obligations of the developer and/or subsequent owners of the
subject property, are on file in the office of the Clerk of the City of
Fort Collins.
The subject property is more particularly described as on the attached
Exhibit.
City Cler Secyttary, Planning & Zo i g Board
City of Fort Collins
I
CM
E5
by donation. This agreement is contingent on such acquisition and may be
terminated by the City if such donation is not completed within 20 days
from the date of this agreement in a form acceptable and satisfactory to
the City.
3. Installation of Golf Course, Related Facilities and Equipment.
3.1. Bucain agrees to develop and install a Golf Course on the
Golf Course Site. Said Golf Course shall be constructed according to
and shall conform to plans for the Golf Course to be prepared by Frank
Hummel, Golf Course Architect. Said plans shall be based upon
and conform to
preliminary
plans already prepared
by Frank
Hummel as --
contained and
described in
Exhibit "B" attached
hereto.
Said plans
shall conform to the preliminary plans so that the Golf Course to be
constructed shall be comparable in quality, dimensions and cost as
heretofore estimated by Frank Hummel for the Golf Course contemplated
in the preliminary plans. Bucain shall forthwith commission Frank
Hummel to complete the plans for the Golf Course and shall present the
same to the City for approval.
3.2. Bucain shall construct and provide on the Golf Course Site
related facilities, improvements and equipment including the fol-
lowing:
M a clubhouse consisting of one floor plus full walkout
basement, with at least 3,000 square feet on the main
floor. Such clubhouse shall be of frame and brick veneer
construction or other equivalent construction accepted by
the City. The interior of such clubhouse shall contain a
golf pro shop, snack bar facilities, locker facilities,
rest rooms, cart storage facilities, club storage facil-
ities and offices. All space on the main floor shall be
finished. The basement shall be used primarily for golf
cart storage.
-2-
clubh e furnishings as
required to,,, O rnish
the offices,
snack ar and pro shop,
including necessary
fixtures and
equipment;
maintenance
building adequate to hold the
maintenance
equipment to
be furnished
pursuant to this Agreement. Such
building may
be of metal
construction;
(iv)
all related
improvements
such as roads and
parking lots
adequate for
use of such
facilities; and
(v)
maintenance
equipment as
listed and identified in Exhibit
P'B .'
3.2. All such facilities, improvements and equipment shall be
solely owned by the City. Bucain will cause plans and specifications to
be prepared for all building improvements to be constructed pursuant
hereto. Such plans and specifications shall be presented to the City for
its approval. The City -shall not unreasonably _wi.thhold such _approval,
provided all improvements are at least comparable to improvements at the
City's Collindale .Golf Course and in general accord with the preliminary
plans previously prepared in connection with the Golf Course and presented
to the City. Bucain shall furnish the City with the names and addresses of
all subcontractors performing work on the Golf Course.
4. Site Development. In the course of constructing the Golf Course,
Bucain will install public streets and utility lines to serve the Golf
Course and adjoining properties. All of such street and utility instal-
lations shall be installed to the specifications of the City. The costs of
such streets and utility lines shall be borne solely by Bucain to the
extent that those costs would be borne by a developer in accordance with
the ordinances of the City. The City shall not provide any funds for such
improvements. Further, Bucain shall dedicate to the City any necessary
easements or rights -of -way for the purpose of constructing said streets and
utilities.
-3-
n
E5
5. Consideration. As the full consideration for the completed Golf
Course facility including the land, all improvements to be installed on the
land and the equipment to be provided by Bucain, the City agrees to pay to
Bucain the sum of $2,825,760.00. Such consideration is allocated as
follows:
A. Land -0
B. Clubhouse including entry road and parking lot -
$410,000.00
C. Clubhouse furnishings - $140,000.00
D. Maintenance buildings including gravel entry
.road - $78,200.00 - -----
E. Maintenance equipment - $183,000.00
F. Course construction $21014,560.00
Such consideration shall not be subject to adjustment for changed condi-
tions or otherwise. In no event shall the City be required to pay any sum
in excess of $2,825,760.00.
6. Payment of Consideration. The consideration to be paid by the
City to Bucain shall be paid in progress payments as construction of the
Golf Course and related facilities is completed and equipment provided.
Progress payments shall be made monthly for each of the foregoing cate-
gories based upon the percentage of completion of the work in that category
(or furnishings and equipment provided). The amount of each progress
payment shall be the value of the work completed (or furnishings and
equipment provided) during the draw period proportionate to the total cost
assigned for that work (or item). The amount of progress shall be deter-
mined by certification to the City by Frank Hummel, Golf Course Architect,
for completion of the Golf Course construction or Golf Course maintenance
equipment and certifications by Bucain for other work (or item). The City
-4-
n
err+ '"0
shall pay each monthly draw request within 10 days after the request is
given to the City, provided that if the City determines the work is not in
accordance with the requirements of this Agreement and the plans and
specifications for the Golf Course or that the certification is not cor-
rect, the City may withhold such portion of the draw request as it deter-
mines necessary to protect its interest until any such dispute is resolved.
If the dispute is not resolved within a period of 15 days, either party may
submit the matter to arbitration before an arbitrator agreed upon by both
parties or if they cannot agree, before three arbitrators, one chosen by
Bucain, one chosen _by the City, and the final one selected by the two —_
arbitrators, thus selected. The decision of a majority of such arbitrators
shall be binding and conclusive on both parties. The City may withhold
10% of the amount of any draw request for work or labor supplied (not to
include a withholding on materials furnished) until final settlement. The
City shall withhold from draw requests any amount required to be withheld
pursuant to C.R.S., 1973, §38-26-107, as amended. Final settlement shall
be made after completion of the Golf Course and related facilities and
equipment in accordance with the requirements of this contract and the
specifications and after compliance with the requirements of C.R.S., 1973,
§38-26-107.
7. Bond. Bucain shall provide the City with a bond conditioned upon
faithful performance of this contract and payment of all labor, materials,
and other costs to be incurred in the work. The bond shall be by an
insurance company approved by the City and shall be in the amount of
$1,412,880.00. The bond to be supplied may be supplied ( i n whole or in
part) in the name of the subcontractor who installs the Golf Course.
-5-
8. Water Rights.
City agrees
to provide
necessary water for the
irrigation of the Golf
Course under
the terms
of the Lease Agreement
executed this same date. The water to be provided by the City shall be of
the quality of untreated ditch water. Bucain shall not be responsible to
provide water rights to irrigate the Golf Course and such water rights will
be provided by the City. Bucain shall install all pumps, water lines,
sprinkler systems, controls and other facilities adequate and necessary for
such irrigation of the Golf Course from such water supply. This shall
include all facilities required to transport water from Portner-Reservoir,
Fossil Creek or from any other source agreeable to the parties to the Golf
Course. Such irrigation system shall be adequate to handle untreated ditch
water and shall be protected from sub -freezing temperatures. The City may
elect to use a water supply other than Portner Reservoir if the City makes
such election within 60 days hereafter, but such water supply must be
comparable to Portner Reservoir and the cost of transporting the water to
the Golf Course shall be no more than from Portner Reservoir.
9. Bucain's Obligations. Bucain shall furnish, at its sole risk and
cost, everything necessary and proper for the installation of the Golf
Course conforming to the approved plans and specifications, including all
labor, materials, tools, machinery, equipment and supplies. The fees of
consultants including Frank Hummel, Golf Course Architect, for planning
and designing the Golf Course as well as for any of his services during the
construction of the Golf Course shall be paid by Bucain, the same as all
other costs associated with the Golf Course. It is the intention and
agreement of the parties that the City will receive a completed and e-
quipped Golf Course conforming to the plans and specifications of Frank
Hummel, Golf Course Architect, for the total price of $2,825,760.00 (exclu-
sive of financing costs) and without any other costs to the City.
10. Insurance and Indemnity. Bucain shall maintain such insurance as
will protect it from claims under all applicable federal and state workmans
compensation acts. Certificates of such insurance shall be provided to the
City along with an agreement of the insurance carrier to furnish the City
10 days prior written notice before canceling the policy or materially
changing
it.
Bucain
shall indemnify
and hold
the City harmless
from and
any and
all
claims,
liabilities and
causes of
action of, to or
by third
persons including an& subcontractors or employees for injury to or death
of any person or for damage to or destruction of any property resulting
directly or indirectly from any and all acts or omissions of Bucain, its
subcontractors or of anyone directly or indirectly employed by either of
them in connection with the performance of any work provided for herein and
regardless of whether such injury, death, damage and/or destruction is con-
tributed to by negligence of the City, its agents, servants and/or em-
ployees; and on behalf of the City and in the City's name, Bucain will
handle and defend, at its own cost and expense, any claim or litigation in
connection therewith.
11. City Inspection - Representative. The City will designate
its representative who will represent it in all matters pertaining to the
installation of the Golf Course and all other matters pertaining to this
Agreement. Such representative shall be provided full access to the work
site at all times and shall be provided all information requested by him
-7-
concerning the progress of the work. The City Manager of the City shall
notify Bucain in writing of the person designated as the City's repre-
sentative.
12. Acceptance of Work. All the work done by Bucain hereunder shall
be done to the satisfaction of the City which shall in all cases determine
the amount, quality, acceptability and fitness of the work. The City's
representative may refuse to accept work for reasonable cause set forth in
writing and if such cause claimed be at variance with Bucain's opinion,
such dispute shall be resolved by.arbitration, through arbitrators selected
as provided in paragraph 6 above. Bucain shall repair or replace without
expense to the City any defective work or materials and shall save the City
harmless from any damage, faulty workmanship or materials installed pur-
suant to this Agreement arising within 12 months following completion of
installation of the Golf Course and acceptance thereof by the City.
No payment made under this Agreement, except the final payment, shall be
evidence of the performance of the Agreement either wholly or in part and
no payment shall be construed to be an acceptance of defective work or
improper materials. Upon completion of the Golf Course and other work to
be performed by Bucain hereunder, the City shall inspect the completed
facility and notify Bucain of any work which does not comply with the
requirements of this Agreement and the approved plans and specifications.
Bucain shall remedy any defects in the work forthwith and after such
defects are corrected, the City shall advertise notice of final settlement
and make final settlement with the Bucain as provided in this. Agreement.
M
M
13. Variance Procedure. In the event that it is necessary to obtain
any variance in order that the construction and operation of the Golf
Course comply with the ordinances of the City, such variances shall be
applied for and processed by Bucain in its name. Other than as provided by
the ordinances of the City, the City shall not participate in such appli-
cations.
14. Completion of Construction. All work to be performed by Bucain
pursuant to this Agreement, shall be completed in accordance with the
requirements of this Agreementandthe plans and -specifications, no later
than the 1st day of July , 1984.
15. Binding Effect. This Agreement shall be binding upon the parties
hereto, their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be signed the day and year first above written.
oSE A L•
e
p o led AS To Form:
A s:an' 1LY httorrey
THE CITY OF FORT COLLINS,
a mu71.corporation"
By: L'-e� I
d64nJdf_,-rnoCity anager
BUCAIN CORPORATION,
a Colorado corporation
By:,, _4z��E
Clifford J. Buckley, P e fdent
i
im
*aw EXHIBIT "A"
PROPERTY DESCRIPTION OF PROPOSED PHASE I OF SOUTH11IDGE GREENS; BEING
THE DESCRIPTION OF THE PROPOSED GOLF COURSE, INCLUDING "TRACT A":
A tract of land located in the SW 1/4 of Section 6 and in the NW 1/4
of Section 7, all in T6N-R68W of the 6th P.M., Larimer County,
Colorado, being more particularly described as follows:
Considering the West line of the said SW 1/4 of Section 6 as bearing
N 0003'20" E and with all bearings contained herein relative
thereto:
Commencing at the SW corner of said Section 6, thence N 0003'20" E
along said West line of the SW 1/4 of Section 6, 1201.72 feet to the
True Point of Beginning of this description; thence continuing on
said West line of the SW 1/4 N 00003'20" E 448.28 feet; thence
N 89034'18" E 2573.29 feet to the North -South 1/4 line of said
Section 6; thence along said North -South 1/4 line S 0022'03" E
1610.32 feet to a point on the Westerly right-of-way line of the
existing Union Pacific Railroad, from which point the South 1/4
corner of said Section 6 bears S 00�22.'03" E 39.68-feet; thence
along said Union Pacific Railroad right-of-way S 14030'03" W 154.26
feet; thence continuing along said right-of-way on a curve concave
to the East whose central angle is 15 00'00", radius is 3934.18
feet, a distance of 1029.97 feet; thence continuing along said
right-of-way S 00029'56" E 1477.62 feet to a point on the East-West
1/4 line of said Section 7; thence along said East-West 1/4 line of
Section 7 S 89048'40" W 2406.22 feet to a point 30.00 feet easterly
of the West 1/4 corner o said Section 7; thence N 23002'59" E
557.03 feet; thence N 09 33'13" E 216.97 feet; thence N 2602751" W
568.12 feet; thence N 89057'17" W 30.00 feet to the West line of the
said NW 1/4 of Section 7; thence along the said West linS of the NW
1/4 of Section 7, N 00002'43" E 639.13 feet; thence S 89 57'17" E
226.00 feet; thence S 00002'43" W 105.00 feet; thence along a curve,
concave to the NE, whose central angle is 51000'00", radius is 82.44
feet, a distance of 73.38 feet to the.point of a reverse curve;
thence along the arc of a curve concave to the SW whose central
Page 1 of 2
SNr`
angle is 44000'00", radius is 127.85 feet, a distance of 98.19 feet;
thence S 06057'17" E 167.71 feet; thence S 17031'30" E 79.92 feet;
thence N 65017'44" E 388.06 feet; thence N 00002'43" E 1009.80 feet;
thence N 89034'23" E 240.83 feet; thence S 06057'20" E 485.60 feet;
thence S 18028'45" W 252.98 feet; thence S 70001'15" E 158.00 feet;
thence N 51028'45" E 245.00 feet; thence N 33029'22" E 631.11 feet;
thence N 55001'51" W 53.77 feet; thence N 06044'26" E 145.45 feet;
thence N 33030'15" E 102.84 feet; thence S 86014'57" E 162.00 feet;
thence S 35000'00" E 700.00 feet; thence S 55000'00" W 80.00 feet;
thence N 55001'51" W 595.60 feet; thence S 33029'22" W 40.01 feet;
thence S 07040'52" W 555.87 feet; thence S 23022'51" W 110.00 feet;
thence S 51028'45" W 239.25 feet; thence S 01030'00" W 100.00 feet;
thence S 88030'00" E 449.65 feet; thence N 63020'12" E 226.00 feet;
thence S 83000'00" E 118.00 feet; thence S 30p35'47" E 94.49 feet;
thence S 21059'38" W 185.86 feet; thence S 65008'07" W 235.13 feet;
thence S 38000'00" W 270.00 feet; thence S 00024'27" W 580.00 feet;
thence S 35 45'00" E 219.59 feet; thence S 69009'32" E 328,90 feet;
thence N 27°48'50" E 98.28 feet;' thence. N 10°00`00" W 238.00 feet
thence N 00024'27" E 632.08 feet; thence N 21059'38" E 693.70 feet;
thence along a curve concavS to the West having a radius of 300.00
feet a central angle of 56 59'38" a distance of 298.42 feet; thence
N 35600'00" W 261.48 feet; thence N 07015'00" E 377.55 feet; thence
N 19020'00" E 528.53 feet; thence N 73025'00" W 115.00 feet; thence
N 11003'55" W 178.38 feet; thence N 00021'27" W 363.00 feet; thence
N 16030'03" E 245.92 feet; thence N 43007'49" W 100.00 feet; thence
S 77014'19" W 159.74 feet; thence N 81021'42" W 285.57 feet; thence
S 74054'37" W 355.59 feet; thence N 68053'39" W 198.88 feet; thence
S 23050'01" W 260.00 feet; thence N 79012'22" W 240.00 feet; thence
S 10047'40" W 122.00 feet; thence S 38026'40" E 299.79 feet; thence
S 00003'20" W 239.98 feet; thence S 20030'00" W 558.66 feet; thence
S 89034'23" W 105.00 feet; thence N 00003'20" E 670.56 feet; thence
N 89056'40" W 197.94 feet; thence N 00003'20" E 399.89 feet; thence
N 83017'50" W 641.37 feet to the True Point o.f Beginning of this
description.
The above described tract contains 129.75 acres more or less and is
subject to all easements and rights -of -way now existing or of
record.
Page 2 of 2
B2235 Pn 72
e
LEGAL DESCRIPTION
Those parcels of land as described on page 203 of Book
1957 of the Larimer County Records, located in the Swh of
Section 6, T6N-R68W and in the _NA of Section 7 T6N-R68W
of the 6th P.M., Larimer County, Colorado, being more
particularly described as follows:
Considering the west line of the said SW% of Section 6 as
bearing -N 0°03'20" E and with all bearings contained herein
relative hereto: commencing at the SW corner of said Section 6,
thence N 0 03'20" E along said west line of the SA of Section
6 1201.72 feet to the True Point of Beginning of this descrip-
tion: Thence continuing 8n said west line of the SWh N 0 03120' E
448.28 feet: Thence N 89 34118" E 2573.29 feet to the North -
South h li$e of said Section 6; Thence along said North -South
k•line S 0 22'03' E 1650.00 feet to the South ).- corner of said
Section 6; Thence along the South line of the said Srlk of
Section 6 S 89 34123" W 10.54 feet•to a point on the westerly
right-of-way line of the existing U$ion pacific Railroad;
Thence along said right-of-way S 14 30104* W 113.19 feet; Thence
continuing along said rig t-of-way on a curve concave to the east
whose central angle is 15 00'00'. radius is 3934.18 feet, a
dipance of 1029.97 feet; Thence continuing aloncj said right-of-way
S 0 29156' E 1477.62 feet to a point on the East-West 4 line
of Section 7; Thence 5 89048140" W 2406.22 feet"to•a point 30.00 feet
Easterly of the West 4 Sorn*r of said Section 71 thence N 23002159' E
Thence feet; Thence N 5 39113' E 216.97 feet; Thene N 26°27'51" W
566.12'_feet; Thence N 89 57117' W 30 00 feet to the West line of
the said NWh of Section 7; thence N 0 021430 E 1360.13 feet to
the NW corner of said Section 7• Thence along the North line of
the said 14WN of Section 7, N 89d34'23' E 835.00 feat to the SE
corner of that parcel of land as described on p$ae 1181 of Book
2138 of the Larimer County Records; Thence tl 0 03920" E 720.56
feet to the NE corner of said described parcelr Thence 29056140" W
197.94'feet to the SE corner of that parcel'as described on pace
979 of Book 1669 of the Larimer County Records; Thence N 0003'20" E
399.$9 feet to the NE Corner of said described parcel; Thence
N 83 17150" W 641.37 feet to the NW corner of. said described parcel
and the True Point of Beginning.
The above described parcel contains 218.770 acres and is subject
to all easements and rights -of -way now existinq or of record.
n
JUdud5 1983MAY 27 PM 4: 10
COUNTY OF LARIMER
*aJTATE OF COLORADO
A G R E E M E N T
J `
1
THIS AGREEMENT is made and entered into this ��� day
of L ,1983, by and between
1
'THE BUCAIN CORPORATION,
a Colorado corporation
hereinatter referred to as "applicant", and
THE CITY OE' FORT COLLINS, COLORADO,
a municipal corporation,
hereinafter referred to as "City", and
THE NEW MERCER DITCH COMPANY,
a Colorado mutual irrigation company,
hereinafter referred to as "ditch company".
PROJECT
Construction of an auto bridge at Front Nine Drive in South
Ridge Greens by applicant, and the placing of an eighteen (18")
diameter steel, concrete ringed, sleeve located under said bridge
for purposes of installing a future eight (8") water line by the
Fort Collins -Loveland Water District, the placing of a tour (411)
diameter PVC sleeve located above culvert of said bridge for pur-
poses of installing future utility services by City of Fort
Collins, Light and Power utility, and the placing of a four (4")
diameter PVC sleeve locate8 above culvert of said bridge for pur-
poses of installing future gas line by Public Service Company of Colorado.
WITNESSETH:
WHEREAS, the ditch company is the owner of an irrigation ditch
and the right-of-way therefor through land located as shown on
Exhibit "A"; and
WHEREAS, applicant desires to construct and install an auto
bridge across ditch company's ditch within the City's road right-
of-way, and place an eighteen (16") inch steel sleeve under ditch
company's ditch at the location above described, both further
detailed in the exhibits attached hereto and made a part hereof by
reference; and Exhibit "A" is a subdivision location map iden-
tifying the location of the projects, consisting of one (1) page;
®
®
Exhibit "B" is a detailed description of the plans and specifica-
tions of the bridge and sleeve prepared by Engineering
Professionals, Inc., consisting of one (1) sheet bearing dates
of April, 1983 ; and Exhibit "C" are flow charts and letter
from Engineering Professionals, Inc. addressed to Louis F.
Swift, President of the New Mercer Ditch company, consisting of
three (3) sheets, all of which are attached hereto and made a part
hereof as though fully set out herein.
WHEREAS, Exhibit "B" sets forth all of the plans and specifica-
tions and terms of this grant, and 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 terms and conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the terins
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 auto bridge,
eighteen (18") sleeve, and two (2) four (4") inch PVC sleeves as
shown in Exhibit "B", across and 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. Applic•ant 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 "B".
3. Applicant paid to ditch company in 1982 an application fee
in the amount of Five Hundred and No/100 ($500.00) Dollars for the
box culvert bridge right-of-way. Applicant has paid to ditch com-
pany in 1983 an application fee in the amount of One Thousand and
No/100 ($1,000.00) Dollars for the granting of the right-of-way for
the eighteen (1811) sleeve and the two (2) four (4") sleeves. This
era
`fir'' `400
is determined to be a minimum initial payment to cover preliminary
expenses, such as legal work, time and car use of superintendent
and/or diretors; review of the application; and other preliminary
matters. In addition therto, 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/or superintendent.
4. The construction herein contemplated shall be in strict
accordance with the final set of plans with modifications set forth
in Exhibit "B". Any excavations or changes in the present ditch
shall be backfilled, compacted and stabilized to the entire satis-
faction of the ditch company. All compaction for dikes shall be
done to ninety-five (95%) percent standard Proctor density. The
dikes shall be in conformance with the plans for construction of
the auto bridge and sleeves. Said work shall further be done under
the supervision of the superintendent or other designated agents of
the ditch company.
5. Applicant shall further place through and under ditch
company's ditch, an eighteen (1811) steel sleeve, the top of which
shall be no less than thirty-six (36") inches below the bottom of
the ditch.
6. All construction shall be commenced and completed prior to
April 15, 1983, except as may be extended by the President of ditch
company or other duly authorized representative of the Company, and
said construction shall in no way interupt or impede the flow of
water.
7. Upon the completion of the project, the applicant shall
promptly notify the ditch company and City, 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 "B", the applicant shall forth-
with remedy the same in so doing, the applicant shall meet all
reasonable requirements of the ditch company and City for the pro-
-3-
n
n
tection of the ditch and surrounding property.
8. It is the intent of this agreement that applicant shall
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 projects shall be without cost to the ditch company,
and the applicant shall hereby indemnify and forever hold the ditch
company harmless for liability for damages caused by the project.
10. The ditch company shall have full power to operate, main-
tain, 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. The City agrees that, because of increased maintenance
expenses and difficulties occasioned by the location of the bridge
over the ditch, it shall conduct such maintenance activities to the
bridge and to the ditch directly under the bridge as are necessary
to facilitate the customary carriage of irrigation water in said
section of the ditch.
12. 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 tees, depositions and reasonable attorney's fees.
13. 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.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove written.
-4-
1�w BUCAIN, *00
a Colorado corporation,
B y : i3�—a
Title, j
THE CITY OF FORT COLLINS,
a municipal corporation,
(SEAL)
Ti tiyV;!AAtttorney
l e,._ D U 0 I MANAGER
1 r ved A .
ATTEST: •
Title,
(SEAL)
ATTEST:�L�
William C. ver,
Secretary
STATE OF COLORADO )
ss.
County of Larimer )
THE NEW MERCER DITCH COMPANY,
a Colorado mutual irrigation company,
By--�
re dent
The above and foregoing agreement-WAs acknowledged before me
this a'1�day of rno,� 1983 by *-cra�� 'IT\
as df BUCAIN, a Colorado corporation.
Witness my hand and official seal.
My Commission expires:
(SEAT,)
Notary Pubes
Address:
STATE OF COLORADO )
ss.
County of Larimer )
The above and foregoing agreement was acknowledged before me
this 27th day of May _ , 1983 by James R. Mei tl
as Deputy City Manager , and attested to by Molly J. Davis
as__ Deputy City Clerk of THE CITY OF' FORT COLLINS, a munici-
pal corporation of the State of Colorado.
Witness my hand and official seal.
My Commission Expires: My Commission expires August 14, 19A
(SEAL)
-5-
Qe - S G 1 ,.
o ary Public
Address : 300 Laporte Avenue
Fort Collins, CO 80521
STATE OF COLORDO Vftr *0/
+ ) ss.
County of Larimer )
The above a foregoing agreement was acknowledged before me
t h i - day of __, 1983, by Louis F. Swift as President
and attested to by Wi iam C. Stover as Secretary of THE NEW MERCER
DITCH COMPANY, a Colorado mutal irrigation company.
Witness my hand and official seal.
My Commission Expires:
`\\\\NI111 i I1llgpi�
(SEAL)EN
AN
ON
Notary Public
Address: P.O. Box s 3
t. ems, PO 80522
AGREEMENT
(Southridge Greens Golf Course)
This
Agreement is
made
and
entered into this 26th day of
October ,
1982, by
and between
the
City
of Fort Collins, Colorado,
a municipal
corporation, hereinafter sometimes referred to as the "City" and Bucain
Corporation, a Colorado corporation, hereinafter sometimes referred to as
"Bucain".
- - -- - S ETH : --
1. Preamble. The City is acquiring a tract of land situate in the
City of Fort Collins, County of Larimer, State of Colorado, more par-
ticularly described on Exhibit "A" attached hereto. The property is
hereinafter referred to as the "Golf Course Site". Bucain has proposed to
establish a Golf Course on the Golf Course Site to be acquired by the
City. Pursuant thereto, Bucain has caused a feasibility study to be
performed by Frank Hummel, Golf Course Architect, and has made a proposal
to the City for the acquisition of the proposed Golf Course by the City.
The City agrees to acquire said Golf Course upon the terms and conditions
as set forth in this Agreement, in the Lease Agreement, the Guaranty
Agreement and the Agreement to Repurchase, executed between the parties and
incorporated herein by reference. Further, the parties agree that all the
agreements between the parties shall be construed together to determine the
intent of the parties.
2. Agreement contingent on acquisition of Golf Course Site The
parties anticipate that the City will acquire title to the Golf Course Site