HomeMy WebLinkAboutGRANADA HEIGHTS PUD - Filed OA-OTHER AGREEMENTS - 2003-11-14Granada Heights Subdivision
Amendment Agreement No.1
THIS AMENDMENT AGREEMENT, is made and entered into this �! " day of
March, 1987, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation ("City"), and UNIVERSITY NATIONAL BANK of FORT COLLINS, a Colo-
rado corporation ("the Developer"), is an amendment to that certain Devel-
opment Agreement: dated the 20th of August, 1979, by and between the City
and CHARLES C. LOCKMAN and ARLO DEINES partners, ("Development Agree-
ment").
WHEREAS, the parties hereto previously executed a Development Agree-
ment on August 20, 1979.
WHEREAS, the UNIVERSITY NATIONAL DANK of FORT COLLINS has
subsequently obtained ownership of said property through foreclosure and
both the CITY and the UNIVERSITY NATIONAL BANK of FORT COLLINS are pres-
ently desirous of modifying the original Development Agreement referred to
above.
NOW THEREFORE, in consideration of the initial promises of the
parties hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
Subheading 5. ("Storm Sewer Lines and Facilities") of the Development
Agreement shall be modified by the replacement of subparagraph C as
follows:
C. No more then 18 Certificates of Occupancy and 18 Building Per-
mits will be issued by the City prior to the Developer com-
pleting, and the City accepting the installation of the deten-
tion pond and remaining storm drainage facilities as shown on
the approved utility plans on file in the City Engineer's
Office.
Except as herein amended or modified, The Development Agreement
dated February 1.8, 1986, shall continue in full force and effect. This
Development Agreement and Amendment No. 1 constitutes the entire under-
standing of the parties.
5. 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, and Applicant
shall do no acts to interfere with the operability of the old
ditch until such time as the Ditch Company has accepted the new
ditch.
6. Upon the completion of the Project, Applicant shall
furnish to Ditch Company an "as built" exhibit further supplementing
in final form the work described in the exhibit and this Agreement.
7. The Ditch Company hereby terminates that certain "Agreement"
dated August 15, 1979, entered into between the Ditch Company and
D & L Enterprises. The parties acknowledge that said August 15,
1979, Agreement is being replaced and superseded by the within
Agreement.
In all events, said Project must be completed not later than
April 1, 1980.
This Agreement shall be a continuing agreement; and the
terms, conditions and covenants thereof shall not merge in the
conveyance of the old right of way to Applicant or the conveyance
of the new right of way to 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 executed this
Agreement the day and year first above written.
otd, t-&& � - �, AVAV,V6W
CALVIN L. SIMMONS,
individually
o- nald oonover,
Individually
VINE FOUR-PLEXES, a Colorado
neral Partner
BY: h � �QJ
CALVINNLL.SSIMMONSS
BY: -a zuzz� rl�l1_ dja�dtt s
RONALD P. SCHOONOVER
"the Applicant"
ATTEST:
l
William C , Lover, Secretary
THE ARTHUR IRRIGATION COMPANY,
a Colorado mutual irrigation
corporation,
BY: ;
--
CALVIN C. JOHNSOV., President
=" "the Ditch Company"
�
F'6
I
'' . n
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The above and foregoing instrument
me this J ^- day of September, 1979, by
Ronald P. Schoonover, individually and
a Colorado General Partnership.
}';-W.,ftness my hand and official seal.
'My -Commission expires:
was acknowledged before
Calvin L. Simmons and
as partners of Vine Four-Plexes,
i Y
Notary Publ-i.c
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing instrument was acknowledged before me
this day of September, 1979, by Calvin C. Johnson as President,
and attested to by William C. Stover, as Secretary of The Arthur
Irrigation Company, a Colorado mutual irrigation corporation.
Witness my hand and official seal.
expires:
Notary Public �
IN WITNESS WHEREOF, the parties hereto have set their hands the
day and year first written.
ATTEST: �IuLIL
City er:
APPROVED:4 ( _
Attorney
ATTEST:
CITY OF FORT COLLINS
a mu icipal corporat' n
By VV R
city manager
y i Weer __ G
UNIVERSITY NATIONAL BANK of FORT
COLLINS, a Colorado Corporation
By:
o n 4reLnnen, rest ent
Donald Oster e Se m Vice -President
(corporate sea
-2-
i ., P. r' . ^' T
THIS ACRELMINT, made anii ntry, r0 into this 1Sth day of
Aunnst, 1979, by and hetwcun
P F. L FN'i'PPPit. SES,
ColornIl" CO-Partner-hi,n,
:<•rei naf t i r ec sran t"A as; the ico.r. &r.r?
THE 71 THOR IRMINAS IrN COMPANY,
a Colorado mutual irrigation corporation,
1: rcinr�ftc-r dcs.i�natr r. ar; ' � tch � � r.i;an,�"
PPCJF,V.
Relocat n" of the main Pitch of fuc comfiny, onstructicf,
Gi
3 dPtC 1'.t
1^.n pon" and
Kerr,
rry lcc, qs
real for Witch mai tp!;,"- nac,
.and wo it �('n
tic
_st`y Ot l
ji zwwt id: vtar ri.q ', fir...
LEP
ditch
n,7 file ur .Pr
thr
a tch fnr
r r-inr q,tcrrr all
K
the SM
Of RIMY
ILr11
, 7cwnshil,
7 r,.h,
panuj rn cost st of .hr.
fth
P-m-,
located wFsc
of North
F IA5
Jrrr,et Inc' rnutricrly or
tLe
Colorado
and Southern
ka;_irrod.
v; t
KW , r_h" (itch cc r �_ny __ the
r ,r„-.r , f
._. ri-iris
_icii
d, h anu
.hrtzgt.t-c _-way
the c`r 'c'
..
qprl1^ .pt:
ccsires 'r_
O vel(,h a
^ lit:'nivision Yncwn
on "Qr nLKa
I -' '^.t:
and in ^( t. i rti-n
th,icwith
; wt IIn icr= fez
the orrrKy
rqr"fE arc,
r'.inchargr nr
Sturm kat-vis
therefron; and
WI FFAS, Yxhifit A. attnched hereto and main n part hereof
of
the di'r}: „n<3 other: rc•la rc' n,nt'_rr, r: r},-,:1 cr_.r ti,.e
ar.. .ycci ic-Werr of this c,r,.._ t.ne•<;s hr,rv-ir.rr er -r' .ic-�. K
this agrc (m. nt nr chor o-A by rut";! "r- r,c t rf 1_0 rartion , ':ncn,i
to writ-ing; r.hd
VJ! mm, tJ`.r. ditch COMPOV7 in will On .-. u-:itit to ;r
the 1 i"ht In er 1st2 uct fact K t i C q shr Wn i 001 (Y almvn us ':r,
tr rr.s a'"! c<a,di I Donis hureinn to set- Fort
N(`W, THLVJFiji, in cc . zVeratior. c c ,.hc. rrcr _insiins rvd t v ,
toms of th— Within act,enerrt, it Lq r.rrr(, !: '_ir-'n:
1. Ditch ccml_3ry aeknow.ecga., the receipt o. E_c;nt l:unurec
and N0100 (0200.00) Dollars an an , PlA i cation fee- for the grant
of this right-of-wav, and fun her acre-;-s _hot in thn event the
reasonable and necessary expenses incurred by ditch company in
the ,a. antinq of this right-of-way shall exceed thr above sup,,
applicant shAl pay `nch ndZi!Lrndl ronsona}i_.e '•nrnce5sar ✓ wYPnnsQs
of the ditch company for legal and engi.nnerinq services and t.imc
diraetly involved by ditch comrnany's Prc Went, S.:per:intor Unt nr(l
Board of Directors.
2. Ditch company grants unto applicant th, right to construct
the facilities provided in the PFOjECT ahove in strict ncc. dance
with Yxhibi t A unless said Exhil it, A conflicts with the listed
details herein following:
A. The relocated ditch shall have an Kght W) foot wide
hott_o➢i, fcir (4') foot depth, 1 tr 1. glOpe on inn-r bank of Anch
and 24 to 1 slope cn the outer banks.
P. Developer shall use sufficient bcntoni-te in the tottoni
of ttce ditch and two (2') feet un the barks to maintain miniril
snepage frCM the ditch.
C. Developer_ shall construct a trn kip') foot wide Occoss
road right -of --Way with sufficient base an! aravr,1 rcod for ch„
t , ofc,r mains ( n zij.cc of the ditch 1 v the c o sap .
R. CankF and Dorm shall ❑tillz( 9401 clap f o"Ori. ll with
no gr',IVCl or 4!w.lien material w ich w"uld tend to rormit S,rt..7rr
fiom ditch.
1, Applicant shall seen banks with Y l ueur ae;s nixturras.
specified by jams H, Stewart 5 Associates.
F. Developer shrill construct- a 1 eadgate -md Cheek for the
yrohe•r dcli_vory of a free we tee- AM from rho main ' ' ch i n tN,
Cross property, and guarantee that such s..rurtnres will r,rryi�
frcv water right to the rear- nihl_i sahis7nrrion c,f Ohn HUM,
company and the con, r of the free wntrr ricTht.
Q. Po e.loonr sha7.1 construct P testy -right (;A") inch
swalod We 6nc`9ed it concrety under the itch, ',:itl Vidw,clK
on each side. The entire cl +,U and Wr-n hall be cc, r.:ctod tc
M Proctor Density.
-2-
H. Developer shall furnish evidence of title of the
right-of-way to he conveyed to ditch company, including ditch
and maintenance road, and the deed of conveyance therefor.
I. The Superintendent of the ditch company shall be apprised
of all activity on this project and assist In the Supervision of
the construction thereof.
J. by the execution of this agreement, applicant agrees
that the project shall he without cost to the ditch company, anal
applicant- hereby indemnifies and forever holds harmless the ditch
company, its officers, directors and stockholders, from liability
for camagc caused try the project, and shall hold harmless and
indemnify and defend the officers and directors of the ditch company
from any claims of loss by Stockholders resulting frGm this project.
K. The ditch company stall only assume regular and ordinary
maintenance of the ditch after testing by the running of a full head
of water therein, at applicant's expense, for not less thin, night ( )
hours and examination of the entire project. Thereafter, ditch
company shall forthwith abandon the old ditch right-of-way by
instrument satisfactory to ditch company's attorney, rrepared by
applicant.
3. The ditch company shall have full powor to overate and
maintain the now ditch after acceptance thereof.
4. Applicant shrill be responsible for all cnrrectirvs on,.'
changes which shall he necessary for the proper operation of the
aitch and as determined by the ditch company for a period of van
(2) years from the data of acceptance by the ditch en7rany oxcopt
for regular and ordinary annual ditch maintenance.
5. All construction shall he commenced and completed at
such times as shall not interfere with the regular flow of water
of the, ditch company during the irrignt_icn season, and applicant
shall do no acts to interfere with the operability of the olr' ditch
until such time as the ditch corspaay has accepted the new ci_"t.
G. Upon the completion of Cho project, 11 plicant- shall
furnish to ditch company an 'as built" exhibit fr,th,r supplercntin"
in final form the work. described it the eyhihit ;tn.d this agrecment.
In all events, said vioject most he ror-pletod not later than
April 1, 3980.
This agreement shall be a continuing agreement; an& the
terms, conditions and covenants thereof shill not merge in the
conveyance of the old right-of-way tc anqjicant or the conveyance
of the new right-cf-way to ditch compnry,
THIS ACREL"FNT shall extend to and he binding upon the heirs,
successors and assigns of the respactivo narties hereto.
IN WITNESS W11PPI T)F, the partics hcre,r have eyocutra this
agreement the day and year first Steve written.
Charles C. Lockman,
Individually
DoIn !Q Ins viOuAlly
KFAL)
ATTEST:
-A
vnl-il-a-m C.�
STATE OF COLORA100
COULLY of layircr
D l L FNTEIRPRISES,
a Colorado Co -Partnership,
CharleF, C.
THE AR'"JITTF, IRRIGATION COMFA4Y,
a Colorado rutnV irxiqation corporation,
Ey:
a I v "n C. !,,n, s n n pr-na7j- 4
Ono
The above and foregoing instrument was acknowledged Kefor.:'
vo this Mth Ony of huguFt, 1979, by Charles C. LocYnin and TrIc.
Mines, inCividua3ly anj as partners of D & L Enterprises, a
Colorado M-Partner.ship.
Witness ry Land and official seal.
My Cumwission E%jire— My Batik Expw September 28, 1980
( SD AL)
Nntary
STATE OF CGLCRAPn )
) St.
County of harirer )
The above and foregoing instrur-7t was acRnrwjndrcd
me this 15tt day of August, 1975, hy (olvir C. johnson, as TresiKon!,
and MtPstud to by William C. Stover, an ForrPtrry, of j!( ArthLl-
Irriyation Cnmraiq, a ColDrFin 7vtAa! irricatior
�itnvss ry hand and Of'i7ial Mal.
My Cora i P r i C K Ell iron: My Commink Expires September 28, 1980
(SEAT)
notary I" 771-7
- A -
t't;l 05 PGObOf�
SP 1079 9
R� ,d__—E—1 0 ----1��_�o'deck�_h1
A G R E E M E N T
THIS AGREEMENT made and entered into this T5� day of
September, 1979, by and between VINE FOUR-PLEXES, a Colorado
General Partnership, hereinafter designated as "the Applicant,"
and THE ARTHUR IRRIGATION COMPANY, a Colorado mutual irrigation
corporation, hereinafter designated as "the Ditch Company."
PROJECT
Relocation of the main ditch of the Company, construction of
a detention pond and berm, new access road for ditch maintenance,
new headgate and weir for the user of a perpertual. water right
from the ditch and tile under the ditch for carrying storm water,
all in the SE 1/4 of Section 3, Township 7 North, Range 69 West
of the 6th P.M., located west of North Shields Street and southerly
of the Colorado and Southern Railroad.
WITNESSETH:
WHEREAS, the Ditch Company is the owner of an irrigation
ditch and the right of way therefor; and Aptlicant desires to
develop a subdivision known as "Granada Heights" and in connection
therewith must provide for the orderly runoff and discharge of
storm waters, thereform; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof
sets forth in general the plans and specifications for the
relocation of the ditch and other related matters and shall cover
the terms and specifications of this grant unless hereinafter
modified by this Agreement or changed by mutual agreement of the
parties reduced to writing; and
WHEREAS, the Ditch Company is willing to grant to Applicant
the right to construct facilities shown under Project above upon
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the
terms of the within Agreement, it is agreed as follows:
-G
j
1. Ditch Company acknowledges the receipt of Eight Hundred
Dollars ($800.00) as an application fee for the grant of this
right of way, and further agrees that 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, Superintendent and Board
of Directors.
2. Ditch Company grants unto Applicant the right to construct
the facilities provided in the Project above in strict accordance
with Exhibit "A" unless said Exhibit "A" conflicts with the
listed details herein following:
A. The relocated ditch shall have an eight foot (8')
wide bottom, four foot (41) depth, 1 to 1 slope on inner bank of
ditch and 2 1/2 to 1 slope on the outer banks.
B. Applicant shall use sufficient bentonite in the
bottom of the ditch and two feet (2') up the banks to maintain
minimal seepage from the ditch.
C. Applicantshall construct a ten foot (10') foot wide
access road right of way with,sufficient base and gravel road for
the proper maintenance of the ditch by the Company.
D. Banks and berm shall utilize good clay material
with no gravel or foreign material which would tend to permit
seepage from ditch.
E. Applicant shall seed banks with bluegrass mixture
as specified by ,Tames H. Stewart and Associates.
F. Applicant shall construct a headgate And check for
the proper delivery of a free water right from the main ditch to
the Cross property, and guarantee that such structures will carry
the free water right to the reasonable satisfication of the Ditch
Company and the owner of the free water right.
05 Fc0600
G. Applicant shall construct a forty-eight inch (48")
sealed tile encased in concrete under the ditch, with headwalls
on each side. The entire ditch and berm shall be compacted to
95% Proctor Density.
H. Applicant shall furnish evidence of title of the
right of way to be conveyed to Ditch Company, including ditch and
maintenance road, and the deed of conveyance therefor.
I. The Superintendent of the Ditch Company shall be
apprised of all activity on this Project and assist in the
supervision of the construction thereof.
J. By the execution of this Agreement, Applicant
agrees that the Project shall be without cost to the Ditch Company,
and Applicant hereby indemnifies and forever holds harmless the
Ditch Company, its officers, directors and stockholders, from
liability for damage caused by the Project, and shall hold harmless
and indemnify and defend the officers and directors of the Ditch
Company from any claims of loss by stockholders resulting from
this Project.
K. The Ditch Company shall only assume regular and
ordinary maintenance of the ditch after testing by the running of
a full head of water therein, at Applicant's expense, for not
less than eight (8) hours and examination of the entire Project.
Thereafter, Ditch Company shall forthwith abandon the old ditch
right of way by instrument satisfactory to Ditch Company's attorney,
prepared by Applicant.
3. The Ditch Company shall have full power to operate and
maintain the new ditch after acceptance thereof.
4. Applicant shall be responsible for all corrections and
changes which shall be necessary for the proper operation of the
ditch and as determined by the Ditch Company for a period of two
(2) years from the date of acceptance by the Ditch Company except
for regular and ordinary annual ditch maintenance.
I