HomeMy WebLinkAboutFAIRWAY FIVE ESTATES PUD AT SOUTHRIDGE GREENS - Filed OA-OTHER AGREEMENTS - 2003-10-24RCPTN s d7U 7653 Ub '87 10:20:28 # OF PA - 2 FEE - $6.00
M RODENBERdER, RECORDrR - LARIMER COUNTY, CO STATE DOC FEE $.00
SITE AND LANDSCAPE COVENANTS
FOR
Fairway Five Estates
Situate in the P.U.D.
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Fairway Five Estates P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby m,jke the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby
specifies that these declarations shall constitute covenants to run with
all of the Property and shall be binding on all parties and all persons
claiming under them, and for the benefit of and limitations on all future
owners of all or part of the Property, this declaration being signed for
the purpose of guaranteeing that the Property will be developed and
landscaped initially and kept in desirable condition in the future as
herein specified. "Owner" shall include the signator to this document and
all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or
conservation amenities, as described in the site and landscape plans
submitted to the City of Fort Collins and on record therewith shall be made
and installed in the manner as described in said plans unless amended
pursuant to the approval of the City of Fort Collins. With the exception of
lands necessary for construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and
approved by the City of Fort Collins. It is further understood and agreed
that the owner of the Property, or its assigns or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped" areas and other amenities within said P.U.D. together with all
parking, sidewalks and open space areas and all areas otherwise utilized
for buffering energy conservation or other site amenity. Should the owner
fail in any respect to comply with the terms of this Agreement, the City of.
Fort Collins upon notifying said owner in writing of the matters in regard
to which default is asserted and should the owner fail either to cure said
default within thirty (30) days after receipt of such notice or to commence
within twenty (20) days to rectify such default until it is fully rectified
or cured, then the City of Fort Collins shall have the right (1) to obtain,
in the district Court of Larimer County, Colorado, a mandatory injunction
requiring rectification of the default, or (2 ) to enter upon said property
and perform the work necessary td replace said improvements or maintain the
same and the owner shall pay or cause to be paid to the City of Fort
Collins such sums necessary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain said improvements which
payment shall be made within ten (10) days after receipt of billing. The
sum due and unpaid shall accrue interest at the statutory rate for
judgements from the date that such sum is due. If said billing is not paid,
then the City of Fort Collins pursuant to the authority granted by these
covenants, shall have a lien on the above described property and
or claimed by third parties against the City, arising directly or
indirectly out of the Professional's negligent performance of any of the
services furnished under this Agreement. The Professional shall maintain
public liability insurance in the amount of $500,000; property damage
insurance in the amount of $500,000; and errors and omissions insurance in
the amount of $1,000.000.
6. Compensation. In consideration of services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time
and reimbursable direct cost basis designated in Exhibit "B", consisting of
Four (4) pages„ attached hereto and incorporated herein by this reference.
At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order.
Monthly partial payments based upon the Professional's billings and
itemized statements are permissible. The amounts of all such partial
payments shall be based upon the Professional's City -verified progress in
completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment
shall be made following acceptance of the work by the City. Upon Final
payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the
City. The City agrees not to reuse any such design, plans, reports,
specifications or drawings for any other project without the Professional's
prior approval.
7. City Representative. The City will designate, prior to
commencement of the work, its project representative who shall make, within
the scope of his or her authority, all necessary and proper decisions with
reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to
the City Representative.
S. Project Drawings. Upon conclusion of the *project and before
final payment, the professional shall provide the City with reproducible
drawings of the project containing accurate information on the project as
constructed. Drawings shall be of archival quality, prepared on stable
mylar base material using a non -fading process to provide for long storage
and high quality reproduction.
9. Monthly Report. Commencing thirty (30) days after Notice to
Proceed is given on any Work order and every thirty (30) days thereafter,
Professional is required to provide the City Representative with a written
report of the status of the work with respect to the Work Order, Work
Schedule and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of
any partial payment request.
10. Vial Provisions. Special provisions or conditions relating to
the services to be performed pursuant to this Agreement are set forth in
Exhibit "C", consisting of one (1) page, attached hereto and incorporated
herein by this reference.
11. Independent Contractor. The services to be performed by
Professional are those of an independent contractor and not of an employee
of the City of Fort Collins. The City shall not be responsible for
withholding any portion of Professional's coupensation hereunder for the
payment of FICA, Workmen's Compensation or other taxes or benefits.
12. personal Services. It is understood that the City enters into
this Agreement based on the special abilities of the Professional and that
this Agreement shall be considered as an agreement for personal services.
delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs,
plans, specifications, reports, and incidental work or materials furnished
hereunder shall not in any way relieve the Professional of responsibility
for the technical accuracy of the work. The City's approval or acceptance
of, or payment for, any of the services shall not be construed to operate
as a waiver of any riots under this Agreement or of any cause of action
arising out of the performance of this Agreement.
14. Default. Each and every term and condition hereof shall be deemed
to be a material element of this Agreement. In the event either party
should fail or refuse to perform according to the terms of this agreement,
such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default
hereof, such defaulting party shall be allowed a period of five (5) days
within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and
require specific performance; or (c) avail himself of any other remedy at
law or equity. In the event the Professional fails or neglects to carry
out the work in accordance with this Agreement, the City may elect to make
good such deficiencies and charge the Professional therefor. In the event
of default of any of the agreements therein by either party which shall
require the party not in default to commence legal or equitable actions
against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney
fees and costs incurred because of the default.
16. Bindincr Effect. This writing, together with the exhibits hereto,
constitutes the entire agreement between the parties and shall be binding
upon said
parties, their
officers,
employees,
agents and assigns
aM shall
inure to
the benefit
of the
respective
survivors, heirs,
personal
representatives, successors and assigns of said parties.
TflE OF • •a COLLINS,•• • h Y•
10
•r ,�-'or of • _
• •'
1�
1
APPROVED AS To FUR4:
Assistan ty Attorney
ATI=:
(Corporate Seal)
•• ••121• ••i
4. • • V. 010 17 21�
t • • •� •• 1
• 1• •
Work order Number:
Purchase Order Number:
Project Title:
ComimsKenient Date:
Completion Date:
Maximum Fee: (Time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform
the services identified above
and on the continued pages.
Professional
The attached forms and
conditions are hereby
accepted and Notice to
Proceed is hereby given.
City of Fort Collins
By: By:
Date: Date:
Page Al of Al
Fee CTLITHOMPSOC INC.
Schedule uu CONSULTING LS ENGINNICAL
EERS
AND MATERIALS ENGINEERS
(EFFECTIVE APRIL 1, 1990) 11371 s-1zr� E ce%. FHroBc:o
EXHIBIT "B" 9,5 7-
Field Drilling and Sampling with a 41nch Auger
- _ ___ $80.001hour
Investigation Drilling and Sampling with Hollow Auger _ _._
115.00/hour
Services Drilling and Sampling with Track -Mounted Rig
_ . _ Add 23.001hour
Drilling and Sampling with Rotary Drill
__ Cost + 15
Shelby Tube Sample
11.001each
Drilling Rig Mobilization_
Denver Metro Area
Hourly Rate
_
OutIvIna Areas
_ - _ S1.701mile
Auto or Pickup
""'""'""' -' -
Labor, Out-Of•Town Living Expenses, Travel Costs, Equipment Rental
Cost +
- --
Equipment Charges (Portable Drill Rig, Pressuremeter, Resistivity Meter, Explosimeter,
Quote on Request
Photolonization Device, Field Permeability, Down -Hole MoislurelDensity)
Solis Grain Size Analysis. 1-inch to 200 sieve
25.00
Laboratory Grain Size Analysis, 1200 sieve only
10.00
Services Hydrometer Analysis _ _
_- �-
_ _ 50.00
Atterberg Limits (L.L. & P.I.), Per Set ---
_
.. ____.__
__ 30.00
-- _
Natural Moisture and Density
____ 5.00
25.00
Specific Gravity
--
Unconfined Compression
15.00
Unconfined Compression with Slressl5train Curve
25.00
One-Dimenslonal Swell Test
20.00
One -Dimensional Swell Test with Load Back for Swell Pressure
30.00
One-Dimenslonal Time Consolidation Test
Set up and Initial Load
100.00
Additional Increments
30.0
T_riaxlal or Direct Shear Tests, per point
Unconsolldoted-Undralnetl
---- - --- Consolidated-Undra ined 200.00
Con_solldated-Undrolned with Pore Pressure
250.00
Standard Proctor Compaction Test(ASTM D 698)
65.00
Modified Proctor Compaction Test(ASTM D 15571
75.00
Relative Density (ASTM D 4253 and D 4254)
110.00
California Bearing Ratio, per point
80.00 ---
Hveem Stabilometer, per point
80.00
Permeability
250.00
Flexible Membrane (Triaxial Cell)
--------- - ----
RemoldedSample(Falling or Constant Head) _---
_ _ _ 1 50.00
Back Pressure Oedometer ----�_-_
___ _.___ 150.00
Water Soluble _-Sulfates
pH------...-------
- _-
Resistivity. Per Specimen (natural moisture and saturated)
50.00
Personnel Includes analysis and preparation of reports, calculation time, travel, consultation, sample preparation
and direct supervision of project
Principal
-__ _ 90.001hour
70.f101hour
Associate
Project Engineer
60.wmour
Staff Englnee0Staff Geologist
_ 45.00/hour
Senior Engineering Technician
40.001hour
Engineering Technician If
33.001hour
Engineering Technician II
-_ 28.001hour
Engineering Technician I
23.001hour
Exoert Witness
Quote on Request
APRIL 1990 Page B1 of B4
Fee
Schedule
(EFFECTIVE APRIL 1, 1990)
®CTL/THOMPSON, INC.
CONSULTING GEOTECHNICAL
AND MATERIALS ENGINEERS
Construction
FULL TIME (8 HOUR DAY MINIMUM)
-.
Observation
Engineering Technician Ill
$30.001hour
and Testing
Engineering Technician II
26.001hour
PART TIME - CHARGED AT PERSONNEL RATES (2 HOUR MINIMUM)
NOTE:..
Time is charged for travel, testing and inspection, report preparation and laboratory tests.
Overtime charge for work done on Saturday, Sunday and Holidays
$5.001hour
Consultation
At Unit Rates
Nuclear Test Gauge
$3.D01hour
Mobile Laboratory
Quote on Request
Specialized
Environmental Services
Quote on Request
Testing
Environmental Assessment
and Services
Geochemical Testing
Environmental Drilling anciSampling
Methane Hazard Assessment, Control System Design
Asbestos Risk Assessment
Construction Observation and Testing
- - -
_
Radon Testing --
Screening - Carbon Canister (1)
$70.00
Follow-up - Alpha Track Detector (1)
85.00
Additional ConislerslDefectors
15.00
On -Site Grab Sampling at Time of Visit
15.00
Note: Deduct $10.00 for sites where other inspection services
are provided by CTLRhompson, Inc.
Underground Storage Tank Services
Site Assessment
Quote on Request
Tank Tightness Testing
- _ One Tank
S400.00
Two to Five Tanks per site
350.0o each
More than Five Tanks per site
Quote on Request
Geophysical Services
Quote on Request
Pier Integrity
Profiles by Reflection or Refraction
Resistivity Surveys
Dynamic Soil Properties
_.
Rock Testing
- Specific Gravity
$25.00
Two-l-ycle Slake -Durability, per point
75.00
Unconfined Compression, per point
Peak Load Only
80.00
With Stress Static Curve, Static E and Poisson's Ratio
135.00
Trlaxlal Compression-NX, per point
100.00
With StresslStrain Curve, Static and Poisson's Ratio
200.00
Point Load Test
10.D0
UNIT PRICE PER ROUND—TRIP — DENVER TO FORT COLLINS 70.00
INVOICES ARE NET 30 DAYS, INTEREST CHARGED AFTER 30 DAYS 1.5% MONTH
APRIL, 1990 Page B2 of B4
• COMMERCr4LYESTINO LABORATORIES
A ONISION CTL/1T-�. NC.
Fee Schedule MATERIALS ENGINEERS
(EFFECTIVE JULY 1. 19E61 22 LPP STREET • aENVER O0.a. e0223 • 303/e25-32a7
Concrele Sampling Fresh Concrete (Includes physical property tests)
$22.00thr.
Testing Coring Hardened Concrete (3-hr. minimum, 2-man crew)
65.00lhr.
Services In -situ Strength by Embedded Pullout
36.001hr.
6.00/Insert
Curing Facility, Temperature Controlled (1-month minimum)
50.00Imo.
Field Laboratory
Quotation upon Request
Compressive Strength Tests of Cylinders'
7.001ea•
Flexural Strength Tests of Beams'
15.001e0.
'Includes "held" or untested specimens
Splitting Tensile Tests of Cylinders
1 .WeO.
Laboratory Coring
45.001hr.
Preparation and Testing of Cores
29•001ea•
Density and Length of Cores
16.00tea.
Laboratory Trial Mix Batches (7 cylinders)'
1st Mix In Series
200.00leo.
Each Additional Mix
1100.00/ea.
'Mix over 2.5 cu. it. or with beams
Quotation upon Request
Aggregate Gradation Analysis (per fraction)
$10.001ea.
Testing Passing No. 200 Sieve
10.001ea.
10.001e0.
Organic Impurities In Fine Aggregate
Lightweight Particles
38.DOlea.
Clay Lumps and Friable Particles
33.00 oo.
Sodium Sulfate Soundness (5 cycles)
100-lea•
Potential Reactivity (chemical method)
175.00lea.
tlnit Welght
10.OD1ea.
Specific Gravity and Absorption: Coarse Aggregate
0.001e0.
Fine Aggregate
24.00/ea.
Los Angeles Abrasion of Coarse Aggregate: Small Size
65.00fea.
Large Size
75.00lea.
Moisture Content
10.00lea.
Fractured Face Determination of Coarse Aggregate
35.00lea.
Hydrometer Analysis
50•00fea•
Atterberg Limits (ILL and PO
30.001set
Hveem Stability
60.00/specimen
Standard ASTM C 33 Analysis (without potential reactivity)
275.00/ea.
Gradation of Pit -Run Samples Oarger than 1.4/: Inch)
26.00Thr•
Laboratory Crushing
35•001hr•
Field Sampling
30.001hr.
Cement and
Fly Ash
Cement:
Compressive Strength (6 cubes per mix)
$100.001set
Testing
ASTM C 150, Standard Properties
515.00/ea.
400•00lea•
Cement Content of Hardened Concrete
Fly Ash:
Pozzolanic Index with Cement
150.001ea.
Pozzolonic Index with Ume
100.00lea.
Specific Gravity
40•00/ea.
Loss on Ignition
50•00100•
ASTM C MS, Standard Properties
575.001set
Cement
Laboratory Trial Mix —
$335.00/eo.
Treaded
Including: Molsturedensltycurve
(65.001eaa
Ease Testing
Compressive Strength (6)
(90.001seq
Wet -dry durability
(80-001set)
Freeze -thaw durability
(ioowset)
Page B3 of B4
COMMERCI TESTING LABORATORIES
A ONIEK)N CM1 N, r4G
Fee Schedule MATERIALS ENGINEERS
(ErFECTIVE MY 1, 19so ¢2 LPGN STr3CET • OCNVER OOLO. e0223 • 30"29 3207
Masonry,
Sampling and Sample Pick Up
$26.00rhr.
Mortar,
On -Site Placement Observation
30.001hr.
Grout and
Compressive Strength Tests: Stocks
15.00teo.
Prism
Bricks (modular)
14.00leo.
Testing
Q-Block Test Series
125.00/ea.
British Shrinkage
180.00lea.
Dimensional Analysis
14.00lea.
Absorption: Blocks
15.00foo.
Bricks (5-hr, or 24-hr. boll)
12.00lea.
Initial Rate of Absorption of Bricks
38.00/ea.
Efflorescence of Bricks
38.00lea.
Mortar Trial Mix (6 cubes)
100.00100.
Compressive Strength:' Field Sampled Mortar
60.00lea.
Grout Cored from Block
29.001core
'Including preparation
Hollow or Grout-Fllled
Brick or Block Prisms Priced per Size and No. of Courses
Steel Testing
Visual Weld Inspection (bolts, rebar)
$32.00/hr.
And
Magnetic Particle, Dye Penetrant Inspection
36.00/hr.
Inspection
Ultrasonic Inspection
40.001x.
Sprayed-0n Fireproofing Inspection
30.001hr.
Ultimate Tensile Strength
17.00tea.'
with: percent elongation
+3.00leo.
yield strength
+ 3.00/ea.
reduction of area
+ 3.00/ea.
Ultimate Tensile Strength (yield by offset method)
45.00too.'
'hollow or circular samples
+ 5.00/ea.
Weld Bend Tests
17.001&o.
Set -Up Charge for less than 6 Samples
8.001set
Sample Preparation by Grinding or Machining
Cost + 45%
Welder or Procedure Qualification Quotation upon Request
AsphaR
Sampling of Hot Mix
$26.00thr.
Testing
Reid Density by Nuclear Gage
35.00/hr.
Coring In -Place Asphalt (2-hr. minimum)
65.001hr.
Verification of Pavement Thickness and Asphalt Density Per Hole Quotation upon Request
Mix Proportioning by Hveem Method (4 points)
460.00/ea.
Mix Proportioning by Marshall Method (4 points)
3B0.00/ea.
Effect of Water on Cohesion
160.0DIeo.
Stability and Flow, Field Samples: Hveem Method (3 specimens)
105.00100.
Marshall Method (3 specimens)
90.001ea.
Mixes Prepared In Laboratory
+ 20,001ea.
Maximum Unit Weight of Not Field Sample (Marshall Method)
33.00/ea.
Bitumen Content by Extraction (Vacuum or Refiux Method)
55.0D1ea.
Gradatlon Analysis of Extracted Aggregate
35.00fea.
Stripping Test
50.101e0.
Personnel
Materials Technician 1 $22.001hr. Staff Engineer
$35.00ftw.
Charges
Materials technician ll 26.00thr. Project Engineer
45.ODnw.
Materials Technician III 30.001hr. Senior Engineer
60.00nw.
Overtime for over 8 hours per day, Saturday. Sunday, or holidays add
5.01YTr.
Miscellaneous
Vehicle Expense $0.251mile
or $3.001hr.
Labor, Out -Of -Town Living Expenses, Travel Costs, Equipment Rental
Cost + 15%
Computer System
30.001hr.
Additional Copies of Reports $25.001repod or $0.201page
Finder's Fee
$25.001report
Page B4 of B4
CTLITHOMPSON, INC.
CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
ESTIMATED DELIVERY SCHEDULE
EXHIBIT "C"
Test
Soils
Grain Size Analysis, I -inch to #200 sieve
Laboratory
Atterberg Limits (ILL & PI), Per Set
Services
Unconfined Compressive Strength Test
One-dimensional Swell Test with Load Back for Swell Pressure
Standard Proctor Compaction Test (ASTM D 698)
Modified Proctor Compaction Test (ASTM D 1557)
California Bearing Ratio
Hveem Stabilometer
pH
Concrete
Compressive Strength Tests of Cylinders
Testing
Flexural Strength Tests of Beams
Services
Splitting Tensile Tests of Cylinders
Preparation and Testing of Cores
Density and Length of Cores
Laboratory Trial Mix Batches (7 cylinders)
Aggregate
Sodium Sulfate Soundness (5 cycles)
Testing
Potential Reactivity (chemical method)
Cement
Laboratory Trial Mix -
Treated
Including: Moisture -density curve
Base Testing
Compressive Strength (6)
Wet -dry durability
Freeze -thaw durability
Asphalt
Mix Proportioning by Hveem Method (4 points)
Testing
Mix Proportioning by Marshall Method (4 points)
Effect of Water on Cohesion
Stability and Flow, Field Samples: Hveem Method (3 specimens)
Marshall Method (3 specimens)
Mixes Prepared in Laboratory
Maximum Unit Weight of Hot Field Sample (Marshall Method)
Bitimen Content by Extraction (Vacuum of Reflux Method)
Gradation Analysis of Extracted Aggregate
Stripping Test
Lottmon - Cyclic Freeze - Thaw
Page C1 of C1
Reporting Time
4 days
6 days
2 days
7 days
4 days
4 days
8 days
5 days
3 days
30 days
30 days
30 days
9 days
2 days
35 days
12 days
4 days
35 days
7 days
7 days
6 days
5 days
2 days
3 days
3 days
3 days
30 days
1971 WEST 12TH AVENUE • DENVER, COLORADO 80204 • (303)825-0777
improvements thereto. Said lien to be exercisable by filing a notice of
said lien against said property and improvements thereto; provided,
however, that the City of Fort Collins shall not have a lien against any
single-family lots and improvements thereto within the property, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies -xi sting pursuant to Colorado law for
enforcement of liens against, real property and inay also, at its discretion,
without waiving any other rights it may have pursuant to law, proceed
directly with legal action ayainst the owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
Fairway Five Estates P.U.D." which real property shall include the
property subject to these Covenants.
DATED this i_ day of 19
Owner
1,71
By 0-
Tit a Bucain Corporation Inc.
A Colorado Corporation
ATTEST:
ecretary J L
STATE OF COLORADO )
)ss
COUNTY OF LARIIIER )
The foregoing instrument i
a % byC'Ieta ra
�0� as Secretary
My Commission expires: o210-+1610
Witness my hand and official seal.
Clifford J. Buckley, President
ged before me thi Ica I day of
?W as .-1�1'p51�*v and
Notary Public
AGREEMENT
THIS AGREEMENT, is made and entered 0 this j7 day
of August, 1987, by and between ALBRECHT !M"Is'+>, INC., 155 Board
walk Drive, Fcrt Collins, Colorado 80525, hereinafter referred
to as "Applicant," and NEW MERCER DITCH COMPANY, a Colorado mutual
irrigation company, hereinafter referred to as "Ditch Company."
PROJECT
The development of the Fairway Five Estates P.U.D. at South -
ridge Greens, Fort Collins, Colorado, which construction and
development will involve the crossing of Ditch Company's irriga-
tion ditch with domestic water line and the installation of a
box culvert for vehicular travel and to construct culverts for
the irrigation laterals to provide for continued historic delivery
of irrigation water to lands owned by Ralph Hansen and Lyal Nelson;
who are stockholders of the Ditch Company. The legal description
of the property involved in the project is Fairway Five Estates
P.U.D., Southridge Greens, Fort Collins, Colorado.
WITNESSETH:
WHEREAS, THE Ditch Company is the owner of an irrigation
ditch and the right-of-way therefor through said land located
as shown on the attached Exhibit.
WHEREAS, Applicant desires to construct and install a box
culvert and install a domestic water line, all of which will
be within the Ditch Company's right-of-way with all construction
items as detailed in the Exhibits attached hereto and made a
part hereof by reference.
WHEREAS, the attached Exhibit sets forth all of the plans,
specifications 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 herein expressed;
NOW, THEREFORE, in consideration of the premises and the
terms of the within Agreement, it is agreed as follows:
1. This Agreement is subject to the written approval by
Ralph Hansen and Lyal Nelson as to size, design and installation
of culverts for the irrigation laterals which have historically
irrigated their property and the approval by the City of Fort
Collins as to all construction items.
2. The Ditch Company grants unto Applicant the right to
construct, install and maintain the above described items across
and under the existing ditch of Ditch Company, and further grants
unto the Applicant 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.
3. Applicant will, upon the completion of the project,
furnish to Ditch Company an "as built" exhibit further supple-
menting in final form the work described in the attached Exhibit.
Applicant understands and agrees that the following construction
items are shown on the plans but are repeated herein because
of their specific importance to Ditch Company. These items are,
as follows:
A. The maintenance right of way along the ditch
will have 12' curb cuts on both sides of the box culvert,
one cut on each corner of the structure, for a total
of four (4) cuts, and thickened sidewalks.
B. The opening under the bridge will have the
capacity to carry more than 100 cfs and Ditch Company
will be furnished with specific certification to that
capacity by the Project Engineer.
C. The Company's usual requirement for wing walls
is being waived at this time. If, however, erosion
occurs within five (5) years from the date of which
erosion materially injures the ditch bank or affects
the support for the structure, Applicant agrees at
its expense to install wing walls or other suitable
structures which will eliminate the problem.
D. Applicant recognizes that the area of construc-
tion may have layers of gravel or other materials which
will require special attention. Applicant agrees that
Parsons F; Associates will visually inspect all excavation
and will. certify that ditch banks are adequately sealed
before completion with heavy clay and all compaction
to 100% standard Proctor Density.
4. Applicant has previously paid to Ditch Company an ap-
plication fee in the amount of Eight Hundred Fifty Dollars ($850.00).
This is determined to be a minimum initial payment to cover prelim-
inary expenses, such as legal work, time and motor vehicles for
use by superintendent and/or directors; review of the application;
and other preliminary matters. In addition thereto, Applicant
agrees to pay for such additional, reasonable and necessary ex-
penses of the Ditch Company for legal services and inspection
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of the work by the Ditch Company's President, engineers and/or
superintcndent.
S. The construction herein contemplated shall be in strict
accordance with the final set of plans with modifications set
forth in the attached Exhibit. 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 One Hundred percent (1000) standard
Proctor density. The dikes shall be in conformance with the
plans for construction as furnished. Said work shall further
be done under the supervision of the superintendent or other
designated agents of the Ditch Company.
6. All construction shall be commenced and completed after
November 1, 1987 and before April 15, 1988. These periods are
mandatory, except as may be extended by the President of Ditch
Company or other duly authorized representative of the Ditch
Company, and said construction shall in no way interrupt, impede
or interfere with the flow of irrigation water, nor shall such
construction adversely affect the quality of the water. All
construction shall proceed with due care to make certain that
no contamination of the irrigation water occurs.
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 the attached Exhibit, the Applicant
shall forthwith remedy the same, in so doing, the Applicant shall
meet all reasonable requirements of the Ditch Company and City
for the protection of the ditch and surrounding property.
8. It :is the intent of this Agreement that Applicant shall
exercise due care in the construction as herein contemplated.
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, including at-
torney fees and costs, caused or incurred because of the project.
10. The Ditch Company shall have full power to operate,
maintain, alter, enlarge or relocate its ditch as if this Agree-
ment had not been made, and any expenses caused thereby to the
Applicant shall not be chargeable to the Ditch Company.
ll. The City agrees that, because of increased maintenance
expenses and difficulties occasioned by the location of the bridge
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/ATTEST:
��TVT� E S T : nm L 1
Mark J.UMiketa Secretary
ATTEST:
Gene E. Fischer Secretary
within the ditch right-of-way, it shall conduct such maintenance
activities to the bridge and to the street directly over 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 fees, depositions and reasonable attorneys'
fees.
13. Prior to the commencement of construction, Applicant
agrees to record, at its expense, a fully executed copy of this
Agreement with the Clerk and Recorder of Larimer County, Colorado
and furnish such recorded Agreement 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.
G�
ALBRECHT�'�4%-5� C . � %
By:
C41 liam d. '-Albrecht President
NEW MERCER DITCH COMPANY, a Colorado
m a -irrig i co any
By —�
L s F. Swift President
-4-
STATE OF COLORADO )
) ss.
COUNTY OF LAR]MER )
The above and foregoing Agreement was acknowledged before
me this 13th day of August 1987, by will.iam G. Albrecht
as President and attested to by Mark J. Miketa
as Secretary of Albrecht Iffa&W, Inc.
Companies,
Witness my hand and official seal.
My commission expires
(S E A L)
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
February 24, 1990
1,
Notary Public
d'61�
The above and foregoing Agreement was acknowledged before
me this day of , 1987, by Louis F. Swift as
President and attested to by Gene E. Fischer as Secretary of
New Mercer Ditch Company, a Colorado mutual irrigation company.
Witness my hand and official seal.
My commission expires: January 10, 1988.
(S E A L)
Notary Public
THE TERMS OF THE ABOVE AGREEMENT ARE APPROVED
Title
THE CITY OF FORT COLLINS, a mu-
nicipal corporation
By:
-5-
Title
= AGREEMENT made and entered into this 2nd day of April, 1990, by
and between THE CITY OF FORT 00=S, COIDRADD, a Municipal Corporation,
hereinafter referred to as the "City" and CTIVTHOMPSON, INC., hereinafter
referred to as "Professional".
WITNESSETM:
In consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in
accordance with any project Work Orders; a blank sample of which is issued
by the City; attached hereto as Exhibit "A", and incorporated herein by
this reference. The City reserves the right to independently bid any
project rather than issuing a Work Order to the Professional for the same
pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this
Agreement shall be performed in accordance with the Schedule stated on each
Work Order.
3. Time of Commencement and Conmletion of Services. The services to
be performed pursuant to this Agreement shall be initiated as specified on
each Work order.. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
This Agreement shall be effective from the date of the Agreement as
entered above until December 31, 1990, unless sooner terminated or renewed.
This Agreement shall automatically be renewed for a period from January 1,
1991, until December 31, 1991, unless one party serves written notice to
the other party of its intention to terminate the Agreement, provided such
written notice is served at least sixty (60) days prior to the termination
date.
4. Early Termination by City. Notwithstanding the time periods
contained in paragraph 3 the City may terminate this Agreement at any time
without cause by providing written notice of termination to the
Professional by certified or registered mail, return receipt requested.
Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in
writing by the parties. said notice shall be effective as of the date of
mailing. For purposes of this Agreement, the following address shall be
utilized:
CI' Ehompson, Inc.
1971 West 12th Avenue
Denver, Colorado 80204
In the event of any such early termination by the City, all
sensation theretofore due to the Professional for services rendered
prior to such early date of termination shall be tendered by the City on or
before said date of early date of termination, subject only to the
satisfactory performance of the Professional's obligations under the terms
and conditions of this Agreement.
5. Design Project and Insurance Responsibility. The Professional
shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all designs, plans, reports,
specifications, drawings and other services rendered by the Professional
and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies as provided in Paragraph 15
hereof. The Professional shall indemnify, save and hold harmless the City,
in accordance with Colorado law, from all damages whatsoever to the City,