HomeMy WebLinkAboutHILL POND ON SPRING CREEK - Filed OA-OTHER AGREEMENTS - 2003-11-26A G R E E M E N T
jJouember
THIS AGREEMENT is made and entered into this `Jtk day of -al , 1981 by
and between GANDALF PARTNERSHIP, a Colorado Limited Partnership, herein-
after referred to as "Applicant"; THE ARTHUR IRRIGATION COMPANY, a Colorado
mutual irrigation corporation, hereinafter referred to as "Ditch Company";
and THE CIT`( OF FORT COLLINS, COLORADO, a municipal corporation, herein-
after referred to as "City".
PROJECT
Spring Creek Floodway Improvements in the City of Fort Collins, County
of Larimer, State of Colorado, along the Arthur Ditch in the vicinity of
Spring Creek.
WITNESSETH:
WHEREAS, the Ditch Company is the owner of an irrigation ditch and the
right-of-way therefor through lands located near Spring Creek, in the City
of Fort Collins, County of Larimer, State of Colorado; and
WHEREAS, applicant desires to install a sluicegate on the Ditch
Company's ditch at the location described in Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, Exhibit "A" sets forth all of the plans and specifications,
and the terms of this agreement shall be in no way modified or changed
without the written consent of the parties hereto; and
WHEREAS, the Ditch Company is willing to grant to applicant the herein
stated right upon the terms and conditions hereinafter expressed.
NOW, THEREFORE, in consideration of the premises and the covenants and
promises of the parties as hereinafter set forth, it is agreed as follows:
1. The Ditch Company grants unto the Applicant the right to con-
struct, install and maintain a sluicegate as described in Exhibit "A", and
further grants unto the Applicant the right of ingress and egress to its
ditch and ditch right-of-way as shall be reasonable and necessary for the
exercise of the rights granted herein.
2. The Applicant will, upon the completion of the project, furnish to
the Ditch Company an "as built" exhibit showing the actual facility as con-
structed.
3. The construction herein contemplated shall be in strict accordance
with the final set of plans with modifications as set forth in the two
sheets of 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 at ninety-five
(95%) percent standard Proctor density. The dikes shall be in conformance
with the plans for construction of the sluicegate. Said work shall be done
under the supervision of the superintendent or other designated agents of
the Ditch Company.
4. All construction shall be commenced and completed at times that
will in no way interfere with the operation of the ditch and the running of
water therein nor in such a manner as to interrupt or impede the flow of
water. All construction shall be completed before April 15, 1982.
5. Upon the completion of the project, the applicant shall promptly
notify the 'Ditch Company and the City, and the parties shall jointly
inspect the ditch at the place of construction. If there are any defi-
ciencies in the work of applicant or any necessary variations from the
plans, the applicant shall forthwith remedy the same or make the necessary
variations, and in so doing, the Applicant shall be required to meet all
reasonable requirements of the Ditch Company for the protection of its
ditch and surrounding property as well as all reasonable requirements of
the City.
6. Upon the completion and approval of this project, the City agrees
' '1-0 during hi ggh water
that it shall) be responsible for the operation of the sluicegate/th•ere�after times
so long as Ditch Company's ditch shall operate.
7. The project shall be without cost to the Ditch Company, and the
Applicant shall hereby indemnify and forever hold the Ditch Company harm-
less from liability for damages caused by the project.
8. The Ditch Company shall have full power to operate, maintain,
alter, enlarge or relocate its ditch as if this agreement had not been
made, and any expenses caused thereby to the Applicant shall not be charge-
able to the Ditch Company.
-2-
821112 PO4 72
9. In the event any of the parties hereto shall be in default in any
of their covenants herein so as to require the parties not in default to
retain counsel to attempt to enforce the covenants by negotiation 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 parties, including but not limited to
docket fees, depositions and reasonable attorney's fees.
10. 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 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:
William C. Stover, Secretary
(SEAL)
.'ATTEST:
Wanda Krajicek, City Cle
GANDALF PARTNERSHIP,
a Colorado Limited Partnership,
r
enerai Nartner
THE ARTHUR IRRIGATION COMPANY,
a Colorado mutual irrigation corporation,
Calvin C. Johnson, President
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
By:
JohR E'. Arnold, City Manager
APPROVED AS TO FORM:
Assistant City Attorney
-3-
STATE OF COLORADO
ss.
County of Larimer
The above and foregoing agreement was acknowledged before me this (5'
day of 1981, by i�i1 ( ri �n„ as general
partner of GANDALF PARTNERSHIP, a Colorado Lime ed Partnership.
Witness my hand and official seal.
My Commission Expires: �!A/'/G-o y �C� Jq "�� . 21
(SEAL)
U c
STATE OF COLORADO
ss.
County of Larimer )
The above and foregoing agreement was acknowledged before me this
7/ c day of (,,,-;. 1981, 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.
My Commission Expires:��_ _.
(SEAL)
Notary Public
STATE OF COLORADO )
) ss.
County of Larimer )
The above and foregoing agreement was acknowledged before me this
5tk day of Noyern b e r , 1981, by John E. Arnold, as City Manager, and
attested to by Wanda Krajicek, as City Clerk, of THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
Witness my hand and official seal.
My Commission Expires: My CrMilb'icP Aa,::-t 14, 1934
(SEAL)
Notary Public
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day
^1EII5 AGREE L iT, made and entered into this __
of —J UA)
A. D. 19 by and bei.ti,;een THE. CITY OF FORT
COLLI:IS, a municipal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, L—UNESSETH:
VJHEREc3S, second party has heretofore submitted a subdivision
plat of the subdivision to be known as y jl i. �'3aits t ll.1dPtjx)'i -* .
For approval by the 11nicipal Planning and Zoning,Board and
the City Council of the City of Fort Collins, and
I,-JEBFAS) said subdivision plat is acceptable to first party
and first partyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
DiG;T, T iEREFCRE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. -.In consideration of the approval of said plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first part;:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing crater distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
systom including; allmanholes and connections to the first partyts
existing sanity:1 sewer system. ✓
(;) A plan of the proposed electrical distribution system
includl.n? connecting lines to the first partyts existing electrical
distribution cyAem and including all street lights.,
(11) Plans and pro`ilcs of all street improvements.
(�>) ?'l ni and profiles of the proposed street drainage
ay;t_.m son-Arg th, c nnnctions to ,he first partyts storm sewer system
.upeI inctndiug all storm sewer inlets and manholes. If a storm sewer outfall
10- is not available, second party agrees to join into a special improve-
n-n; district for the installation of such outfall line upon request therefor
by first party and to sign any petition and perform any other act necessary
to form such district.
(6) Itas A (1) to A (S) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All materialrequired for street lights are to be paid for by the
party of the second part to the Light G Power Department of the City.
In the event the City of Fort Collins shall require larger water
PAins, sanitary- sewer mains or storm sewer mains to be constructed within
trio subdivision tnan would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, the City of Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
constructed and th-o estimated cost of such facility as shown on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider snali be determined in advance of construction
by the City Engineer and in the event of any dispute this matter shall be
submitted to the City- Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to be
sinned by its Mayor and its corporate seal to be hereto affixed attest to
icy its City Clerk, pursuant to c_otion of the Council of the City of Fort
Collins dated the ` / �4l day of
A. D. ,
and second party has hereto 'set his hand and seal the day and
year first hereinaoove written.
ATTEST:
f'
City Clot:
THE CITY OF FORT COLLINS
A Municipal Corporation
Mayor
First Party
Sewn
i
Party