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HomeMy WebLinkAboutSEVEN LAKES BUSINESS PARK PUD - Filed OA-OTHER AGREEMENTS - 2004-02-11RCPTN ## 8gm17200 04/21/89 14:07:46 R OF PAGES - G FFF - 5320 M. RODENRERGER, RECORDFR - LARIMFR COONTY CO STATE nOC FEE- S.P(A MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT is made and entered into this i S h day of �!( l[SE _, 1985, by and between THE CITY OF FORT COLLINS, COLORADO (hereinafter "the City"), the mailing address of which, for purposes of this Agreement, is 300 LaPorte Avenue, Fort Collins, Colorado 80521, and SEVEN LAKES BUSINESS PARK ASSOCIATION, INC., a Colorado non-profit corporation (hereinaf- ter "the Association"), the mailing address of which, for pur- poses of this Agreement, is 2290 East Prospect, Fort Collins, Colorado, 80525. WITNESSETH: WHEREAS, the membership of the Association consists of owners of lots within Seven Lakes Business Park PUD, an indus- trial/business park development located in the City of Fort Collins, Colorado (hereinafter "the PUD"); and WHEREAS, in connection with the development of the PUD a portion of Spring Creek was relocated; and WHEREAS, the relocated portion of Spring Creek and certain channel improvements installed in connection with the relocation project are shown on the engineering drawings attached hereto as Exhibits "A" and "B" and incorporated herein by reference (here- inafter "the Relocated Creek"); and WHEREAS,, i_n order to comply with certain federal regu- lations, the City must maintain, or cause to be maintained, the Relocated Creek; and WHEREAS„ the City has requested and the Association has agreed to maintain the Relocated Creek. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereto agree as follows: 1. The Association, at its sole expense, shall employ a licensed professional engineer, registered in the State of Colorado (hereinafter "the Engineer"), to annually inspect the Relocated Creek (hereinafter "the Annual Inspection"). The ,Ty OF FORT cad L1NS 4 Annual Inspection shall be conducted during the month of June, commencing in 1985. The Annual inspection shall include, but not be limited to, the inspection of the following items: sedimentation, erosion, and soundness of rip -rap. 2. The City and the Association acknowledge that the Annual Inspection is intended to insure that the Relocated Creek continues to function as originally designed and constructed without adverse effects on water capacity, velocity, or depth of flow. 3. The Engineer shall prepare an inspection report (here- inafter "the Report") which shall summarize the results of the Annual Inspection. The Report shall be delivered to the Asso- ciation and the City's Storm Water Utility department on or before July 1st of each year. The Report shall either (a) certify that the Relocated Creek functions substantially in the same manner for which it was originally designed and constructed (hereinafter "the Original Standard") or (b) state what repairs or maintenance work is required to restore the Relocated Creek to the Original Standard. 4. Subject as hereinafter provided in paragraph 7, and subject to delays reasonably beyond its control, the Association shall accomplish any repairs and/or maintenance work required to restore the Relocated Creek to the Original Standard. The City shall have the right to monitor such repairs and/or maintenance work. 5. If the Association fails to accomplish any required repairs or maintenance work within sixty (60) days of the re- ceipt of the Report, the City shall be authorized to accomplish said repairs or maintenance work, but only after the City has ai-ven the Association at least thirty (30) days prior written notice of the City's intention to take action to accomplish the required repairs and maintenance work. Said notice shall spe- cifically state what repairs or maintenance work must be accom- plished by the Association. 6. Subject as hereinafter provided in paragraph 7, the Association agrees to indemnify and hol.d the City harmless for - 2 - any costs the City incurs pursuant to paragraph 5 above to restore the Relocated Creek to the original Standard. 7. The Board of Directors, officers, and agents of the Association shall be responsible for insuring compliance by the Association of this Maintenance Agreement. 8. Notwithstanding anything to the contrary contained herein, neither the Association nor the City shall be obligated to undertake the repair or maintenance of those items which are due to factors unrelated to the relocation of Spring Creek, nor shall the Association be obligated to maintain the Relocated Creek if the Relocated Creek is modified by any person other than the Association, its members, employees, or agents, or by natural disasters or acts of God, including, but not limited to, fires, floods, earthquakes, expl-osions, or similar events beyond the control of the Association. 9. Notwithstanding anything to the contrary contained herein, neither the Association nor its agents shall be required to trespass or otherwise illegally enter upon lands belonging to other parties. Accordingly, the Association's duties hereunder are hereby made expressly subject to the Association obtaining or receiving all necessary easements, rights -of -way, or li- censes. The Association shall exercise due diligence and shall act in good faith to obtain any such easements, rights -of -way or licenses. 10. This Maintenance Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. - 3 - L� IT; WITNESS WHEREOF, the parties hereto have executed this Maintenance Agreement on the day and year first above written. ATTEST: [SEAL] APPR UED AS TO FORM: Uu a� ZC W. Paul Eckman Assistant City Attorney TES Secretary [SEAL] APPROVED AND ACCEPTED THIS DAY OF 1985. FEDERAL EMERGENCY MANAGEMENT AGENCY By THE CITY OF FORT COLLINS By SEVEN LAKES BUSINESS PARK ASSOCIATION, INC., a Colorado non-profit corpo on By President - 4 -