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HomeMy WebLinkAboutOBSERVATORY HEIGHTS - Filed OA-OTHER AGREEMENTS - 2004-08-24A G R E. E M E N THIS AG—VEME`]`> is made, and entered into this day of 1978, by and b:t.een a sas'hingtcn corpora"aon aualfied to do businass in the State of Colorado, hereinafter desicnated as the "applicant", and THE LARI2,IER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation corporation, hereinafter designated as "ditch company", and THE CITY OF FORT COLLINS, COT nup,nt , a rv.nicipal ccrpoiation, hereinafter designated as "City". PROJECT: Peteraination of boundary for a store to he constructed by a +t_ A` t` It a:i: `n- � - -t",0 c rate of flow from runoff into ditch company's ditch. Said conisF' i7 _-"ion .* r..ore .`;illy described in W!T 7ESS =4 WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way -':are=or; and applicant desires to eract a commercial building and provide for certain orderly runoff and drainage of store waters therefrom in a subdivision known as Observato y Heights in the City of Fort Collins, Count"r of L,arimer, State of Colorado; alr-dl S'i EREAS, ataac ed 'hereto as Exhibit "A" are the plans sho',7.n;' the location, capacity, construction and other details fot ,e dete.:tion ponds and the sea ar, aaolant and method of 1. Architectural tonograv!ii c survey by Freese Engin-e»ring, dat--d May 22, 17't3; 2. irainag:a rapor`.. (Consisting of Six (6) pages) pranai ed by Freese ingineerin7, giving further d@'tails for said d?'_antion pond and the nanrer, arount nn� fl_�thad of C1_"-charge j,. .to th,- dltck? MiIEPEAS, said Exhibit "A" sets forth all of the Duns and specifications an terms of this grant and shall in no way be nndi l.ed and chan-led by _n-, sub:;egi ent or related plans or materials nc t includ2l. therein, L-less agreed to by all of the parties heretG; cad WHEREAS, the ditch company is wining to grant to applicant the right to construct said datention ponds and related facilities Upon terms and conditions hereinafter set forth; and Sv^i^RES, City is willing, upon the completion thereof in -d with Exhibit "A" t � the fllture maintenance \11 accordance W._t�. , o asS'Jiily hereinafter referred to; NOW, TIVERE ORE, in consideration, of the premises and the terms of the within agreement, it is agreed as follows: 1. Ditch cempany grants unto applicant the right to con atru^t a --omr+.:=rcin1 t;a.<.Iling anId t'-Pr o {?? r1. tentior. ponds providing for :runoff water into the ditch of ditch company, and farther grants unto t`> applicant the right for ingress and egress rart the exercise of the -=anL-ed her ain. 2. Applicant has paid the ditch cor..pany a permit fee in Eu :: t "%/1c') ($800.00) Dollars for the grant of this :right-of-way. 3. In the event the reasonable and necessary expenses incurred by ditch company in the granting of this right-ef-way shall exceed the above s,=r., ap-f7,lican`, shal.1. pdV such as i ti_o': al reasonable and necessary expenses of the ditch company for Legal and engineering services and time directly involved by ditch cOs^.i_,,ary l s PreSidan.t o- Superiiten-." er. . to di_ :h cQnpa .y and C_t__r an "a-s b-:iIt" exhibit further s U.7^1<_.";anting in -f nal for-. the `eo--k descr__'Gcd in Exhibit nth". The grant by the ditch cc-.pany of rights hereunder shall not be effective and binding upon the Glitch cor.panV until satisfactory completion of the i.n5.pectlon referre',7 to in -iaragraph "7." ere-inz -2- 5. Time construction herein ce.n.templ.=_ted shall be in strict acc:,rCance with the final set of plans set forth in Exhibit "A". Any e_'cavatir_n, or changes in the pre: ent ditch *,;here concrete is not-,rc%ic'ed for, shall b� backf;_lled, co^pacted and stabilized to the Eni_1T'e :iat_;vf aL'ti Uil Cii the iCi'.L':::.i 11V. A!.1 C: U.i:p 3ei_i Cii for Eikcs shalt! be Bona at ninety-five (95�1) percent standard Procto density. The dikes shall be in conformance with the plans for construction of the detention ponds. Said work shall further be done only after notification given to the Superintendent or other desianated agents of the ditch compare® 6. Ail construction shall be commenced and completed at such times as :shall not interfere with the regular flow of water of the -itch company during the irri,-ation {soa son, but !�hal.l. be April i C`i completed no later than Itax :h 15, 1979. :. 7. i.pJ 53 t1:c. CO'<d rya s. t.?i Gr r. r._ +yyX: �l"L. p. ir.. ats_)!. 1.[t;I;L promptly notify the ditch cor,pany and the City; and the parties shall jc irtl,y ins--Ct t''� PrO.7ec"t, if there are any deficiencies in set forth in Exhibit "A", the app11C_:nt shall forthwith remedy the same; and in doing so, the applicant shall meet all reasonable reglli YL;i;�i.vS G":. "the d.itCh cu '-anv f(.1 the C'ls :its (":-tell and surrounding property and meet all reasonable requirements of the City. 8. It is recognized that there are presently treeq within the ditch r',gght-of-way and on applicant's property bo*_czeri.ng the right-of-way, and applicant agrees to be responsible for the care and maintenance of these trees, or removal if applicant so desires, so that sane Shall not ncw or any tire hereafter :.nterfere D1L.. `_ t`.''" 3;"q Yn f'?`= r._r�'` t: •.'c. v=nl SL'cn tYA@"i on '.t6 right-rf-way which interfere Y?it. i'< no nal. ^.'._�i.ntenance and opera Icn Of t = di%C } will so ad :'i Se applicant for to so doing, 9. It is understood and agreed that the problem of water quality and responsibil-ity and liab:.'lity t e;refor is not determined by t`,4 ,, agreement. 10. The project shall be without cost to the ditch company ar:d the applicant her,�;-)v indemnifies and forever holds the ditch for ezB.nages caused ba the project. 1. Cit_y shall, upon the completion of the project as ys..e the ,. �.__.L:.n "tl U�- the 'pro lcct. 12. Ditch company shall have full pcwer 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 chargeable to the ditch company. THIS AGR.EE.`lENT shall extend to and be binding upon the sa^_,�ssors and assigns of the respective parties hereto. Z ? WIT.`WTHIZE'PLEOF, the parties hereby have caused this aS-ree .en t :to he signed the day and ;_.sr fir�;t he.reinabove ;r tten. PAY 'Y PAP STORES, INC., (SE_:%L }q;i ATTESiy : Ti.ti 1;3i cur 0, 5 tore (GEAT ATTEST: William C: B,tover, Secretary (S:U'L) ATTEST: Title: STA= OF WASHINGTON ) ) s o- Courty of King ) to 1•wsiness in th -: Swag of Ccil orado, 1 "1" j� r/i 3yf� vi1 tu< S K � l SCt 4, a Col-ort1do mutual irrigaticr corporation, Ey: i'1: -1•:nv ll �. ln." .1, ."1. S�rl!..iil. '...._..... THE CITY OF FORT COLLINS, COLORADO, a m-niciaal corporatAon, .�. '".E allGi'e. i„�'k .`_'J ..�3n1_i}:,7 arrE... :^t t•25 3C1'^ YV ,�;'nnn hn�Uro dd': - ..` i I''. ;` , J �! Peter ( ..J..):1 , a'.° Vi � /1i"A!'1� ...-'_t_'i_.... ✓:. Ly c.�1 E � ra . .as 1_ctor r �.oie i .3 [?[1 _'�t 6 C.-��r�, of p"-. 'N 11 X �-.P(_'�. ..:�il..t a i•'" -.._. c7=CR CG:1C:i ' tO _77 :J'1s 171a S3 ir. t_': _• Sta'ie of Co 1o:7adO, ijitness my hand and official seal. My Commission expires: March 1 1982 -4- ) S5. sr-rAT—C or County of Lariver ) The ab)-,re and fcrego--.nq agrr-,erient was acknowledged before Ale this - ',day of �" � 19'P by »�=T �. JOTNSQN, as President, vnLl .��+.:, t0 rl ��jl;l.'�`. C. cT�itJ'r.'-:?., as Saco'_etary, cF "HE r,:'PIV,,P oorporation. Witness my hand and official seal. My Corzn:.ssion Expires: S�.ATE OF COL0Pj00 ) ) SS. County of Larimer ) The above and foregoing agree:rent was acknowledged before Me this Liz'? o.f , 1978, by , as and attester to by _ , as _ , of TITF CITY OF FOB';" COLLINS, COIO-RADO, a municipal corr,Dre Cion,. �— Witness my hand and official seal. My Commission Expires: L�U;